Minutes_Zoning Advisory Commission 06.05.24Copyrighted
June 17, 2024
City of Dubuque Consent Items # 01.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council Proceedings of May 29 and June 3, 2024; Civil Service
Commission of June 5, 2024; Equity and Human Rights Commission of
April 9, 2024; Zoning Advisory Commission of May 1, 2024; Zoning
Advisory Commission Unapproved Minutes of June 5, 2024; Proof of
Publication for City Council Proceedings of May 6, May 13, and May 20,
2024.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
City Council Proceedings of 5/29/24 Supporting Documentation
City Council Proceedings of 6/3/24
Civil Service Commission Minutes
Equity and Human Rights Commission Minutes
Zoning Advisory Commission Minutes 5/1/24
Zoning Advisory Commission Unapproved Minutes
6.5.24
Proof City Council Proceedings 5/6/24
Proof City Council Proceedings 5/13/24
Proof City Council Proceedings 5/20/24
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Dubuque
THE CITY OF
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2007-20122013
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Masterpiece on the Mississippi
MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
6:00 p.m.
Wednesday, June 5, 2024
City Council Chambers, Historic Federal Building
Commissioners Present: Chairperson Matt Mulligan; Commission Members Carrie
Lohrmann, Pat Norton, Rich Russell, and Teri Zuccaro
Commissioners Excused: Martha Christ
Commissioners Unexcused: None.
Staff Members Present: Wally Wernimont, Travis Schrobilgen, and Jason Duba
CALL TO ORDER: The meeting was called to order by Chairperson Mulligan at 6:03 p.m.
MINUTES: Motion by Lohrmann, seconded by Zuccaro, to approve the minutes of the
May 1, 2024 meeting. Motion carried by the following vote: Aye — Lohrmann, Norton,
Russell, Zuccaro, and Mulligan; Nay — none.
ACTION ITEM/SIMPLE SUBDIVISION: Application of the City of Dubuque to approve
the Simple Subdivision Plat of Survey of Oberbroeckling Subdivision No. 3.
Bob Schiesl, Assistant City Engineer spoke on behalf of the City of Dubuque. He noted
that since the Southwest Arterial is now complete the city, county, and state are cleaning
up the fragment parcels and designating right-of-way to each entity. He said this request
is for the North Cascade Road interchange along the Southwest Arterial. He said that the
City is now replatting the area with Lot A as the footprint of the interchange, which will be
conveyed to Iowa DOT, that Lots B and C will be conveyed to the Dubuque County as
part of the road system, and Lots 1-4 will remain with the City of Dubuque.
Planning Services Director Wernimont detailed the staff report. He said the replatting will
subdivide a 193.3-acre property and will establish rights -of -way for the Southwest Arterial
and county roads, and that four lots would be owned by the City as developable lots. He
noted that this property is in the County but is within 2 miles of the City of Dubuque and
therefore requires city review.
There were no questions from Commissioners.
Motion by Norton, seconded by Lohrmann, to approve the Simple Subdivision Plat of
Survey of Oberbroeckling Subdivision No. 3 as submitted. Motion carried by the following
vote: Aye — Lohrmann, Norton, Russell, Zuccaro, and Mulligan; Nay — none.
Minutes — Zoning Advisory Commission Minutes
June 5, 2024 Page 2
ACTION ITEMS/SITE DESIGN WAIVER: Application of Joe Delaney to waive Site
Design Standards within Chapter 13 of the Unified Development Code for property
located at 900 Seippel Road.
Joe Delaney, 900 Seippel Road, spoke in favor of the request. He noted that he is
requesting more time to complete the rest of the storage buildings. He pointed out that
the drive aisles are complete where the buildings have been constructed.
Mr. Delaney said that he thought the current buildout meets the spirit of the code because
screening is intended to keep eyesores out of view, and he doesn't think his qualifies as
eyesore because the campers are new and expensive. He said it's similar to a car sales
lot. He said he planted trees and kept the landscaping nice, and that customers and
neighbors want it to stay as it is with no additional screening. He said the site lighting are
on wooden light poles and that the electrician didn't know they were supposed to be steel.
He said maybe changing just the poles near the street would be sufficient. He also stated
that he understands asphalting driveways to keep down dust, but said that his clients
don't kick up dust driving only 5 mph. He said that asphalt would add 40,000 square feet
of non -permeable area.
The Commissioners asked the applicant if he intended to continue building the mini
warehouse buildings per the approved site plan and asked when the last building
completed was constructed. Mr. Delaney noted that he intends to build them per the site
plan but did not have an end date. He said he would do them one at a time and he noted
that the last building was constructed in November of 2022.
Staff Member Schrobilgen detailed the staff report. He outlined the Unified Development
Code (UDC) design standards and detailed the request. He noted that this site is under
zoning enforcement for the items under review. He said that the property has an approved
site plan with nine buildings, paved drives, screening of the property at the property
boundary, and a screened storage area. He noted that the applicant began storing
vehicles in the unpaved areas of the site which kicked in exterior storage screening, hard
surface driveways, and compliant lighting. He explained that the Commission reviewed a
waiver in 2021 for some of those items. At that time, the Commission allowed the
applicant to phase the completion of the site plan and would allow the exterior storage to
continue until 2022. The applicant has fallen behind on the 2022 deadline and now, not
being in compliance, the applicant is asking to waive the same and additional
requirements, including commercial property screening, exterior storage screening, site
lighting requirements, and hard surface requirements.
Staff Member Schrobilgen showed a chart of the five items requested to be waived and
shared an image with similar information. Planning Services Director Wernimont noted
that waivers from site design standards were originally intended to allow flexibility for
properties that have a specific undue hardship or are impractical. He provided a
hypothetical example of a parking lot downtown where, if standards were not waived, the
site would lose valuable parking spaces or function which would compromise not just the
Minutes — Zoning Advisory Commission Minutes
June 5, 2024 Page 3
owner but also surrounding properties. He concluded that the applicant would have the
option to remove any outdoor vehicle storage until requirements are met and the site was
built out per the approved site plan.
The Commission discussed the proposal asking for clarification on timing of site
requirements, whether paving is required as buildings are constructed, and whether a
financial hardship should or could be considered as a hardship.
Director Wernimont stated that if the site is not used as an exterior storage yard, hard
surface is required as the buildings are completed. He noted that financial hardship is not
considered as a site constraint or site limitation.
The Commission discussed the proposal noting that the previous waiver provided
adequate time to delay the project, that they agreed that waiving any of the requirements
was not appropriate, and that the applicant should work with the city on a timeframe to
come into compliance. They noted that while the current neighbors don't mind the lack of
screening, the owners after them may. The Commissioners noted that permeable gravel
surface is not necessarily better than asphalt with regard to stormwater.
Motion by Russell, seconded by Norton, to table the request to the August 7t" meeting.
Motion carried by the following vote: Aye — Lohrmann, Norton, Russell, Zuccaro, and
Mulligan; Nay — none.
PUBLIC HEARING/PUD AMENDMENT -QUASI JUDICIAL: Application of Kennedy
Mall, Ltd to amend the Kennedy Mall Planned Unit Development for property located at
555 John F. Kennedy Road to modify parking, building, and sign regulations.
Justin Somerville, Development Engineer, and Bill McKandrick, Senior VP, Cafaro
Company, 5577 Warren Rd, Niles, OH, spoke in favor of the request. Mr. Somerville noted
that the PUD was last amended in 2003. He said there have been many business
changes since then and the PUD is too restrictive. He said that malls are dying and said
Kennedy Mall was the first in Iowa and thought it should be preserved to some degree.
Malls change hands, but Kennedy has remained with Cafaro for 50 years despite some
difficulties. He stated that signage can be a determining factor for tenants, who are looking
for adequate visibility to the public and used the Home Goods sign as an example of an
undersized sign. He stated that they have mimicked the Asbury Plaza PUD sign
regulations which offer interior tenants the ability to display signage based on 3% of floor
area. He said this is the only difference from Asbury Plaza since Asbury Plaza does not
have internal tenants. He noted that the amendment would allow Home Goods their
desired 195 square foot sign.
Mr. Somerville then discussed the construction limitations and parking requirements. He
said there is currently a stated limit to overall building expansion and a stated minimum
to required parking. He said they would remove both stated limitations and instead
regulate those utilizing the parking ratio of one space per 300 square feet of gross floor
area (GFLA). He noted all the available development areas and available parking on the
Minutes — Zoning Advisory Commission Minutes
June 5, 2024 Page 4
property.
Mr. Somerville said these changes would help attract national tenants, provide room for
future development, allow current occupants and potential developers to reinvest in the
mall. He concluded that they would follow all development regulations including stie plan
approval.
Mr. McKandrick noted that the Kennedy Mall was his first property, that Malls across the
country are failing and that Kennedy Mall is a fragment of its former glory. He said they
need to reimagine and reinvent to promote investment in the Mall. He said Kennedy Mall
will change moving forward, that they are competing against other sites in Dubuque and
in the region. He said the empty parking areas could be developed and that they are not
looking to develop willy-nilly. He concluded that they would go through proper approvals,
and they just need flexibility built in instead of requiring variance for any changes to the
PUD.
The Commission asked for clarification on what would be allowed and what the changes
were.
Staff Member Duba detailed the staff report. He stated the current Kennedy Mall PUD
requirements and that the applicants were looking to reduce the requirement to one space
per 300 square feet of GFLA. He noted the history of the PUD and provided examples of
signage based on current businesses in the mall. Staff Member Duba noted the proposed
change equates to a 17% reduction in the parking requirement and that the applicant has
indicated that there is an oversupply of parking at Kennedy Mall, and they would like to
reallocate some of the underutilized parking spaces for additional development. He also
noted that recent trends in zoning reform recognize that minimum parking requirements
have led to the construction of an oversupply of parking, and this inefficient use of land
raises costs and contributes to sprawling, auto -oriented development. This has led over
2,700 municipalities around the country, including Dubuque, to reduce or eliminate
minimum parking requirements in some form and even establish maximum parking
allowances.
Staff Member Duba said that patterns at malls have changed as more shopping is
conducted online and malls have shifted to include less retail space and more recreation,
entertainment, and service uses, and that the updated requirements would better suit the
owner's desire to allow for future outlot development and the need to best utilize their
property. He said the current PUD requires a minimum of 2,675 parking spaces, but the
proposed amendment removes that minimum total and simply applies the ratio of one
parking space per 300 square feet of GFLA.
Staff Member Duba also noted that the current Kennedy Mall PUD sets a limit of 668,570
square feet of GFLA, which is based on the parking requirement of one space per 250
square feet of GFLA. The applicant seeks to remove that limit. Instead, Kennedy Mall
would be able to construct additional developments so long as it complies with the parking
ratio of one space per 300 square feet of GFLA. With the removal of this limit on GFLA
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June 5, 2024 Page 5
and the reduction of the parking requirement, the applicant seeks the opportunity to
further develop the 52.6-acre Kennedy Mall property. This is supported by the Imagine
Dubuque Comprehensive Plan, which has the recommendation, "Collaborate with
Kennedy Mall ownership and surrounding major centers to support regional retail."
Staff Member Duba concluded the staff report noting that all developments within the
PUD require building permits through Inspection and Construction Services and that
significant modification or any new construction would require a full site plan with review
and approval through the City's Development Review Team (DIRT).
No public input was provided.
Commissioners noted that they are in support of the changes being proposed because it
would level the playing field with other commercial properties, that the Home Goods sign
is quite small, and that times have changed from when malls were in direct competition
with the downtown.
Motion by Norton, seconded by Lohrmann, to approve the request to amend the Kennedy
Mall Planned Unit Development to modify parking, building, and sign regulations as
submitted. Motion carried by the following vote: Aye - Lohrmann, Norton, Russell,
Zuccaro, and Mulligan; Nay — none.
PUBLIC HEARING/REZONING: Application of Pat Ready, Origin Design, to rezone
property located on Millstone Drive from R-1 Single -Family Residential to R-3 Moderate
Density Multi -Family Residential.
Pat Ready, Origin Design,137 Main Street, spoke on behalf of the property owners. He
stated that the request is to rezone to R-3 and noted that the north 65 feet of the property
is zoned as R-3 with the remainder being R-1. He clarified that he is seeking to rezone all
1.6 acres to R-3. He stated that the owner's desire to build three buildings with two units
each similar to the existing townhomes to the north. He said the goal is to have condos
with a homeowner's association (HOA) where the owners can pool their money to
maintain the property. He stated that the R-3 district is in concurrence with the city's
Future Land Use Map which shows multi -family. He also noted that utilities are adequate
to serve the site and that the request will still need to go through development review. He
said that he realizes that not everyone's in favor of this development because it is tough
to get onto Asbury Road, but added these units would be a small increase in traffic. He
said that a single driveway will serve several dwellings and that it would be similar to six
single-family residences and that an evaluation of potential traffic impacts is part of the
development process.
Chairperson Mulligan asked for clarification on the total number of units. Mr. Ready noted
that the lot is a difficult shape with some topography limitations. He stated that they could
probably build three buildings with two units each as any more would be a surveying
challenge. He said he would likely construct condos with an HOA.
Minutes — Zoning Advisory Commission Minutes
June 5, 2024 Page 6
Wayne Derby, 2600 Millstone, spoke in opposition to the request. He noted that he has
concerns regarding potential water issues and that changes could flood neighboring
properties. He suggested that they grade away from houses toward the retirement home.
He stated that there was no way for construction equipment to come in and that parking
for semis has to be done down the road, tying up the roadway. He said that six units
would add to the issues at the Asbury Road intersection and that previous rezoning
requests for the property were denied.
Mike Fitzpatrick, 2585 Wheatland Dr, spoke in opposition to the request. He noted that
the property was proposed to be rezoned several times, that developers say they're going
to do one thing and end up doing something else. He said he does not trust their word to
do three duplexes. He said this many units would not make a difference for Dubuque's
housing issues and that after apartments are built in the city, there's going to be a need
for single-family dwellings. He said the property will be challenging for fire access, that it
is not our responsibility to make this change, that the additional traffic will be detrimental,
and that all previous proposals had neighborhood opposition. He concluded that the
neighborhood wants to see it developed with something good for the neighborhood.
Patricia Judge, 2364 Harvest View, spoke in opposition to the request. She stated that
there should be other ways to get out of the neighborhood and that there are ninety homes
with two cars each and two trips a day. She concluded that they don't need any more
traffic.
Donna Dillon, 2316 Harvest View, spoke in opposition to the request. She noted that she
has already brought concerns to police about speeding. She said this development will
cause more backup near the Asbury Road intersection and people won't be able to get
out of their driveway.
Diane Burquist, 2695 Millstone Dr, spoke in opposition to the request. She said that snow
is pushed up by her driveway and into her yard. She said this would make it worse and
that she is against multi -family housing.
Mark Elenz, 2505 Wheatland Dr, spoke in opposition to the request. He said the
neighborhood has fought this same issue before. He stated concern about the access
width of 40 feet not being wide enough for fire trucks and garbage trucks. He said they
should keep it how it was designed when they bought the property as R-1 zoning. He said
that they don't want multi -family zoning, citing cars and kids in the street in the existing
R-3 area and that this rezoning will make it worse. He asked how much public opposition
was submitted. Staff noted that six letters of opposition and one inquiry were submitted,
and that all neighborhood opposition goes into the minutes to City Council. Mr. Elenz said
they should keep it the way it was and that it had been discussed to be used as a park.
Bill Runde, 2302 Harvest View Dr, spoke in opposition to the request. He stated that traffic
is already bad, that the development is too dense and overpopulated.
Don Foley, 2489 Wheatland, spoke in opposition to the request. He noted that the streets
Minutes — Zoning Advisory Commission Minutes
June 5, 2024 Page 7
are narrow, that police presence is lacking, and that more homes will take away from
security. He said he is against any building at the property except a park and that there
are one hundred twenty-five homes in the neighborhood already.
Terry Balk, 2498 Millstone Drive, spoke in opposition to the request. He said that
increased traffic is a concern, that a previous developer followed R-1 and promised a
park. He concluded, stating that a couple houses on the property would be great.
Mr. Ready stated that he appreciates all of the comments and that he doesn't love the
rebuttal process since he wants to work with the neighbors and not be argumentative. He
noted that most developments street widths are 31 feet from back of curb to back of curb.
He said this would be a driveway without sidewalks on either side but will be adequate
for fire truck access. He said that they could probably fit six single-family homes but want
to do condos as some people prefer the HOA and not needing to do property
maintenance.
Staff Member Schrobilgen detailed the staff report. He noted that the districts are similar
with the main difference being the side yard setback with R-3 being 4 feet and R-1 being
6 feet. He also noted that R-3 allows for town homes, a multi -family structure with a
maximum of six units, and duplexes. He said that any subdivision of more than two lots
would require Commission and City Council approval. He stated that site development
would require site plan review and approval. He said the site would be restricted by the
design review requirements. He stated that the fire department requires a minimum of a
20-foot-wide driveway, possibly a fire hydrant, and an adequate turn -around. He also
noted that traffic and all other site design standards would be reviewed as part of the
development review.
Staff Member Schrobilgen described the history of the parcel, the surrounding zoning and
development, and property topography. He noted that the rezoning would be an
expansion of the existing R-3 zone to the north. He then shared a Google Street View of
potential dwelling types that would be permitted in the R-3 district. He said that the
rezoning is supported by the Comprehensive Plan and that the area is shown as Multi -
Family in the Future Land Use Map. He concluded that there were six letters of opposition
and one general inquiry, and that the Commission is making a recommendation that goes
to Council as a public hearing for final consideration.
Commissioner Russell noted there are already duplexes in the neighborhood near Asbury
Road and asked for clarification on the difference between a duplex close to Asbury Road
and at the subject site. Staff noted that the developments are not different. The
Commission also asked for clarification on the park comments. Staff noted that there is a
park in the neighborhood already and that they reached out to former planners who would
have worked with previous developers. Staff found that no previous documentation exists
of a park being proposed at the site and further noted that none of the plats that created
the lot showed a park on the property. Commissioners then asked if covenants would
restrict development and staff noted that covenants are private agreements between the
developer and the property owner, and that the City does not enforce them.
Minutes - Zoning Advisory Commission Minutes
June 5, 2024 Page 8
The Commission then discussed the proposal noting that traffic does not appear to be an
issue since the lot size would allow for a number of houses at the property already.
Commissioners Lohrmann and Zuccaro noted that they did not feel that rezoning to R-3
was appropriate. Commissioners Mulligan, Norton, and Russell noted they would be
supportive of the request if the number of units were capped.
Motion by Norton, seconded by Russell, to approve rezoning with the following condition:
1. That the property is limited to six (6) total dwelling units regardless of future
subdivision(s).
Motion carried by the following vote: Aye - Norton, Russell, and Mulligan; Nay -
Lohrmann and Zuccaro.
Commissioner Norton recused himself and left the meeting.
PUBLIC HEARING/REZONING QUASI-JUDICIAL: Application of Eric Dregne, Next
Level, LLC to rezone property located on Wood Street from R-1 Single -Family Residential
and R-3 Moderate Density Multi -Family Residential to Planned Unit Development with a
PR -Planned Residential designation.
Eric Dregne, 408 Park Avenue, Galena, IL, representing Habitat for Humanity (Habitat),
spoke in favor of the request. He briefly described the project noting the proposal is to
create sixteen single-family residences just north of Mt. Pleasant Home. He said they
would be affordable 3-bedroom homes of approximately 1,200 square feet. He said the
houses would meet all Habitat for Humanity standards and concluded that the property
density is in line with comprehensive plan and City's goals of creating additional housing.
Brandon 011er, 1893 Wood Street, spoke in opposition to the request. He said the decision
was difficult as he supports Habitat, but said the proposal is too dense. He said there's
character in this neighborhood and that the houses would all be identical. He said that
there has been no communication from Habitat, that they weren't aware of the project.
He said Habitat does not have the capacity to complete the homes and that they have
built only twenty-three homes since 1991 and this project is looking to do sixteen. He said
the project would have a substantial impact on neighbors, that there would be a 34%
increase in homes, and additional traffic. He said Wood Street is not safe since it is a
blind hill with no room for cars and no sidewalk. He said that Habitat needs to talk with
the residents and scale back the project. He said they like the wildlife that they have and
that the driveway to the project should go through Mt. Pleasant Home or Glen Oak Street.
Mike Nichols, 1840 Wood Street, spoke in opposition to the request. He said he bought
his house because he didn't want neighbors and that he would be surrounded by this
development.
Allan Kootsvayouma, 1845 Wood Street, spoke in opposition to the request. He said the
neighborhood has a lot to lose and that he is a security officer, and that he is concerned
about privacy.
Minutes — Zoning Advisory Commission Minutes
June 5, 2024 Page 9
Peggy Behrens, 1845 Wood Street, spoke in opposition to the request. She said they will
lose the nature that they enjoy on the open property, that traffic will increase, and that
Wood Street is a blind hill and narrow. She stated that people turn around in their driveway
when it's snowy. She concluded that the area is quiet, and construction will be disruptive.
Donald Koepke, 1893 Wood Street, spoke in opposition to the request. He said he is in
support of Habitat for Humanity's mission, just not sixteen units at this location.
Stephanie Link, 1294 Rosedale Street, spoke in opposition to the request. She noted that
Wood Street is a dangerous hill, that she supports Habitat, but the kids need a place to
play.
John Miller, 1890 Wood Street, spoke in opposition to the request. He said that Habitat
scheduled a community meeting but was cancelled for rain even though it was only
sprinkling. He said traffic is a concern, that they would need to widen Wood Street and
noted that its one -side parking only. He stated that the hill is steep, that the Habitat
projects lack garages and sheds. He said there isn't a sidewalk and there appears to be
a trail too near to his property. He said the drawings and survey markers don't match his
records and asked the Commission not to approve or at least table until Habitat talks to
the neighborhood.
Tony Moline, 1756 Wood Street, spoke in opposition to the request. He stated that he is
opposed for the same reasons mentioned. He said traffic will be worse, no driveways are
provided, that there is a parking problem with rentals with multiple college students, that
stormwater runoff is an issue, and that the area is quiet, and quality of life will be reduced
during construction.
Stormy Mochal, 1756 Wood Street, spoke in opposition to the request. She stated that
she agrees with the neighbors and asked how notification works since many neighbors
were not aware.
Mary Beth Van Steenberg, 1881 Glen Oak, spoke in opposition to the request. She said
she has a 1.3-acre lot which contains an abandoned quarry. She said she is afraid for the
children who would live here. She said the Council needs to see where this property is
located and that sixteen units is too many. She stated concerns regarding stormwater
management.
Brandon 011er, 1893 Wood Street, again spoke in opposition to the request. He questions
what Habitat is going to do in the community, and if Habitat will compensate them for loss
of use of the land. He said that the snowplow can only do one pass and they would need
to support existing infrastructure. He said the neighborhood needed to retain the woods.
John Miller, 1890 Wood Street, again spoke in opposition to the request. He said there is
a sinkhole that he filled in and what would happen if another sinkhole or a mine were
exposed. He said more discussion is needed.
Minutes — Zoning Advisory Commission Minutes
June 5, 2024 Page 10
Pat Judge, 2364 Harvest View, spoke in support of the request. She stated that she lives
near the previously discussed Millstone property but is on the Board of Mt. Pleasant
Home. She said she was pleased that Habitat bought this property, and that Mt. Pleasant
Home has a shared mission. She said she sympathizes with the neighbor's concerns.
Mr. Dregne responded to comments made by the neighborhood. He said he appreciates
the feedback and that he will be at the neighborhood meeting on Tuesday night. He
clarified that they are planning to add sidewalks and greenspace. He said the project is
developed as a pocket neighborhood that would provide two to three parking spaces per
unit, that the buildings will have varying design, that they seek to retain as many trees as
possible, and that they will have a water retention strategy. He said they will start with six
dwellings initially. He said the property could be developed already as it is zoned R-3. He
said the driveway location was chosen for safety and in consultation with the City. He
stated they are looking to reduce the potential impacts but acknowledge there will be
changes as the site is currently vacant.
The Commission requested a few clarifications regarding the size of each structure, the
layout of the site, how many garages were proposed, and parking in general. Mr. Dregne
noted that each dwelling will be 1,200 square feet, that there is a greenspace that the
residents of the site will be able to do whatever they want such as a community garden,
play equipment, or remain open. He noted that Habitat's national strategy of pocket
neighborhoods is to build community and have efficiency in design to save money so the
houses are cheaper for the residents. He said there is one garage stall per house, one to
two driveway stalls adjacent to each home and that the proposal exceeds the parking
requirements for standard single-family homes.
Staff Member Schrobilgen discussed the application noting that the applicant is seeking
a Planned Unit Development (PUD), which is preferred by the applicants because it
allows them more flexibility with the site layout. He said the property is currently zoned as
R-3 and as such development could have a higher development density than what is
proposed in the PUD. He explained that the concept plan is a similar density to the
surrounding neighborhood and akin to R-1 zoning district. He stated that public notices
were mailed to all property owners withing 200 feet of the rezoning boundary. He stated
that development of the site will require sidewalks and that everything in the city right-of-
way will require city review. He noted that a PUD requires a conceptual development plan,
and that the developer can't stray significantly from the plan without a new review from
the Zoning Advisory Commission and City Council. He noted the conceptual development
plan has been reviewed at a surface level, but each structure will require building permits
and the site will be required to undergo a site plan review which will review the details
such as stormwater management, utility connections, and fire access. Staff Member
Schrobilgen stated that the city's comprehensive plan promotes infill development and
encourages a mix of housing affordable for all segments of Dubuque's populations
throughout the community, including options for those who might be saving for their first
home. He also noted that staff received some general inquiries about the project from the
public prior to the meeting.
Minutes — Zoning Advisory Commission Minutes
June 5, 2024 Page 11
Planning Services Director Wernimont noted that PUDs require conceptual plan review
and that the proposed conceptual plan has been reviewed by the Development Review
Team three times to date. He explained that this review is part of the process to ensure
that a conceptual plan meets the minimum city requirements for site design and safety
before being reviewed by the Commission and City Council. This ensures that a
Commission and Council are not approving a plan that would meet the minimum
requirements for life safety. He explained that the plan has evolved over those three
reviews. He shared that the City has conducted speed and sight visibility studies on Wood
Street, and the City Engineering and Traffic Engineer have conducted site visits to
evaluate the most appropriate and safe site access location for the project. Also
discussed were the off-street parking locations and quantity of spaces. Director
Wernimont stated that Habitat is particular with wanting to provide adequate parking on
their site and that each home has two off-street parking spaces. He explained that the
proposed homes would be owned by the occupants and not rental units. He discussed
how the existing zoning is R-3 and that the current zoning would allow for a much higher
density of residential development than is being proposed in the PUD. He shared that
stormwater management was discussed with the Development Review Team and that
the stormwater would be required to be managed. Also discussed was the option of
having curb cuts for the homes that are facing Wood Street, and that if curb cuts were
provided that it would eliminate the on -street parking spaces. The proposed plan has
only one curb cut for the access drive off Wood Street and thus the existing on -street
parking spaces would be maintained. Director Wernimont shared the public notification
map and clarified that the City's ordinance requires public notice be mailed to all property
owners within 200 feet of the area to be rezoned. He explained that the City cannot be
arbitrary when determining who receives notifications and that staff must adhere to the
code requirements.
Commissioner Lohrmann sought clarification as to why this project is proposed to be a
PUD and not maintain the R-3 zoning. Planning Services Director Wernimont explained
that the PUD allows for more flexibility in the layout/design of the property and that it
would allow development on a private street. The added benefit to a PUD is that it has a
conceptual development plan which lays out the project and the developer would be
limited to that plan. Any significant changes to that plan would require review and approval
by the Commission and Council. A traditional R-3 zoning would not have that same level
of control over the development as a conceptual development plan is not required in that
instance.
Commissioner Lohrmann questioned whether the buffering could be required for the
proposed project, noting that the development has a unique configuration around other
existing homes. Director Wernimont explained that the Commission could make this a
requirement of the project if they wished to do so.
Commissioner Lohrmann requested clarification on the difference between buffering and
screening. Director Wernimont stated that the terms buffering and screening are
interchangeable terms and can include berms, fences, and sometimes distance.
Minutes — Zoning Advisory Commission Minutes
June 5, 2024 Page 12
Commissioner Lohrmann stated that currently in R-3 zoning that a development could
propose multi -family residential. Director Wernimont agreed and noted that this could be
a density of up to six units per lot. He also noted that the off-street parking would be 1.5
spaces per unit and that the applicant is providing 2 spaces per unit and is exceeding the
parking requirements with the proposed conceptual plan.
The Commission discussed the density permitted in the R-3 noting the property is 3.5
acres and that code would allow one unit per 1,200 square feet of site area. Director
Wernimont noted that Mt. Pleasant Street terminates at Mt. Pleasant Home and is not a
through street which might have otherwise allowed for single-family residential
development on the subject property.
Commissioner Russell stated that he is in favor of the development as shown. He noted
he has past experience volunteering for Habitat in Coralville in which he participated on
the site plan selection committee. He stated that it can be challenging to find a location
for Habitat to find sites to develop.
Chairperson Mulligan stated he has strong feelings when it comes to the `not in my
backyard' notions, and that he is however, concerned for the one home located in the
center of the proposed project. He noted the property owners stated concerns about
losing green space around his property, and while he does not disagree with that concern,
the property has been sold to the developer who is now proposing to develop the land
and that is within their right to do so. He noted that there are multiple lots that make up
the subject property and that the proposed density is in keeping with what could be
developed on those lots. He stated that he is in support of the PUD but is concerned
about the parking areas along the north side of 1840 Wood Street property. He suggested
the parking be relocated so that the vehicles do not shine their lights directly into the
property owner's home. He also mentioned that the developer will have the obligation to
analyze and address the sink hole situation that was mentioned.
Commissioner Lohrmann noted that the current zoning would allow higher density today
than is being proposed and that the proposed development appears to be a better fit for
the neighborhood. She expressed support for the project generally but that the home in
the middle is a little strange and proposed that buffering be provided between the parking
areas and the neighbors. Chairperson Mulligan noted that the elevation of the site would
aid in screening some homes from others. Commissioner Russell stated that he thought
some screening between the parking spaces and the existing residence at 1840 Wood
Street would be beneficial. The Commissioners agreed that screening around the parking
stalls should be provided.
Motion by Russell, seconded by Zuccaro, to approve the rezoning to Planned Unit
Development with PR —Planned Residential designation and the Conceptual
Development Plan with the following condition:
1. The parking stalls located adjacent (north) to the property at 1840 Wood Street be
screened.
Minutes — Zoning Advisory Commission Minutes
June 5, 2024
Page 13
Motion carried by the following vote: Aye — Lohrmann, Russell, Zuccaro, and Mulligan;
Nay — none.
ITEMS FROM PUBLIC: None.
ITEMS FROM COMMISSION: The Commission noted that notification is a common
concern from the public. Commissioners asked if staff could include a notification map for
each case in the packet.
ITEMS FROM STAFF:
• City of Dubuque Goal Setting for Fiscal Year 2025
Planning Services Director Wernimont discussed the goal setting process noting that the
City of Dubuque's twenty-nine Boards and Commissions are being asked to complete a
set of worksheets to identify successes from last year and initiatives for the upcoming
fiscal year. He shared the worksheets that staff have created and requested input from
the Commission.
Commissioners discussed whether their process of listening to residents should be
considered success and the public input process during meetings. The Commission noted
that including the notification map in the packet may be helpful. The Commission did not
suggest any new initiatives.
ADJOURNMENT: Motion by Russell, seconded by Mulligan to adjourn the June 5, 2024
Commission meeting. Motion carried by the following vote: Aye — Lohrmann, Russell,
Zuccaro, and Mulligan; Nay — none.
The meeting adjourned at 9:26 p.m.
Respectfully submitted,
Shena Moon, Associate Planner
Adopted