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Minutes Zoning Adv. 6 6 01 MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, June 6, 2001 6:30 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa PRESENT: ABSENT: Chairperson Eugene Bird; Commissioners Ron Smith, Stephen Hardie, Martha Christ, Jeff Stiles and Dick Schlitz; Staff Members Guy Hemenway and Kyle Kdtz. Commissioner Bob Nagle. AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying that the meeting was being held in compliance with the Iowa Open Meetings Law. CALL TO ORDER: The meeting was called to order at 6:30 p.m. MINUTES: The minutes of the May 2, 2001 meeting were approved unanimously as submitted. ACTION ITEM/PLAT OF SURVEYIKLAUER: Application of Randy Klauer, to reViewthe plat of survey for Klauer Place at 2845 Pinard. Randall Klauer reviewed his plat of survey with the Commissioners and offered to answer questions. Staff Member Hemenway reviewed the Zoning Board of Adjustment action regarding this property, and stated that the Board approved the waiver of lot area requirements. He also reviewed how the existing non-conforming lots have been reconfigured. Motion by Smith, seconded by Stiles, to approve waiving the lot area requirements. Motion was approved by the following vote: Aye- Smith, Hardie, Chdst, Stiles, Schlitz and Bird; Nay - None. ACTION ITEM/PRELIMINARY PLAT/HARVEST DEVELOPMENT GROUP: Application of Harvest Development Group to review the preliminary plat of Harvest View Estates Subdivision. Marty McNamer, 1199 Hunters Ridge, said that he would be happy to answer any questions from the Commission. Commissioner Hardie questioned the change over of the streets names from Wheatland Ridge to Autumn Drive. Commissioners discussed street naming conventions for subdivisions in the city. Staff Member Kritz highlighted the zoning scheme, including the R-3 buffer between the Northwest Arterial and the balance of the development. He noted the C-2 commercial zoning located along Asbury Road. Staff and Commissioners discussed the access from Minutes -Zoning Advisory Commission June 6,2001 Page 2 Resurrection Chumh property to the development. The Commissioners asked that staff note the change from Lot A to Lot 162. Motion by Hardie, seconded by Christ, to approve the preliminary plat of Harvest View Estates as submitted. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schiltz and Bird; Nay - None. ACTION ITEM/PRELIMINARY PLAT/STEWART: Application of Wayne and Lynn Stewart, to reviewthe preliminary plat of Pinto Ridge Subdivision located at the southwest comer of Old Highway Road and Seippel Road in Dubuque County. Wayne Stewart, 868 Scenic Hills Drive, East Dubuque, Illinois, stated that the original County plat was approved and now he wants to annex his property to the city, thus, requiring City approval. Staff Member Kritz discussed adjacent land use and zoning within the City limits and on the surrounding County property. He discussed the annexation process. Staff Member Kdtz noted the location of City water and sewer service and stated that the development will have septic systems until the extension of the City sanitary sewer in the future. Motion by Hardie, seconded by Christ, to bring the request back to the table. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schiltz and Bird; Nay- None. Mason Cate, 12271 Cottingham Road, stated that his concern with the annexation. He said that he did not want his property to be annexed to the City. Staff Member Kritz stated that Mr. Stewart's annexation request does not include Mr. Cate's property. Motion by Hardie, seconded by Stiles, to approve the plat as submitted. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schiltz and Bird; Nay- None. PUBLIC HEARING/TEXT AMENDMENT/CITY OF DUBUQUE: Application of the City of Dubuque to amend Section 2-8 Fences of the Zoning Ordinance to allow higher fences on double frontage lots. At staff's request, the Commissioners agreed to table the fence language amendment. Motion by Hardie, seconded by Stiles, to table the text amendment to the July 5, 2001 meeting. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schiltz and Bird; Nay - None. PUBLIC HEARING/TEXT AMENDMENT/CITY OF DUBUQUE: Application of the City of Dubuque to amend Section 3-1.1 Single-Family Residential District of the Zoning Ordinance to allow the keeping of horses as an accessory use. Minutes -Zoning Advisory Commission June 6,2001 Page 3 Staff Member Kritz discussed the staff report, stating that the Planning Services Department receives several inquiries a year from citizens looking for property that could accommodate horses. He said that are several grandfathered properties throughout the community that currently have horses, and that City staff rarely receives complaints regarding these properties. He stated that staff has consulted with Animal Control, the Humane Society and veterinarians concerning requirements for the keeping and care of horses. He said that the text amendment is narrowly defined and that all eligible residential properties would be limited to a maximum of two horses. He also stated that the keeping of horses is appropriate if there is enough space for the animals to graze and roam. Commissioner Hardie stated he would like to get input from realtors regarding this issue. He asked Jack Felderman, who was in the audience, what kind of impact this may have on adjacent residential property. Mr. Felderman said that realtors defer to animal control and lot area requirements. He stated that if these two requirements are met, that horses should not have a negative impact on the value of adjacent properties. Commissioner Smith stated that covenants for new subdivisions could prevent horses where they are not wanted. Commissioner Schlitz stated that he is uncomfortable with this proposal because horses could be kept on any residential proPerty in the city. He stated that he feels this should be a conditional use, which could be reviewed by the Zoning Board of Adjustment, enabling neighbors to have input on this type of use. Staff Member Kritz stated that it would be possible to remove the proposed amendment from the accessory use section and place it in the conditional use section of R-1 residential districts. Motion by Smith, seconded by Stiles, to approve the text amendment language and to add it as a conditional use in R-1 Districts. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schlitz and Bird; Nay - None. PUBLIC HEARINGIREZONINGISTEWART: Application of Wayne and Lynn Stewart., to rezone property located at 8000 Old Highway Road from County R-1 Single-Family Residential District to City R-1 Single-Family Residential District (in conjunction with annexation). Wayne Stewart stated that his subdivision is directly adjacent to the City limits and that he feels an annexation prior to development of the subdivision is appropriate. He said this way he can meet all City standards up front and does not have to retrofit things after the City annexes this area in the future. However, Mr. Stewart stated he does not want to annex to the City without the ability to place horses on these lots. Staff Member Kritz stated it would be possible for Mr. Stewart to go before the Zoning Board of Adjustment and ask for conditional use for this property. Staff Member Kritz discussed adjacent land use and utility stubs. Mason Cate reiterated that he does not want to be annexed into the City of Dubuque. Minutes - Zoning Advisory Commission June 6,2001 Page 4 Motion by Chdst, seconded by Stiles, to approve the rezoning request as submitted. Motion was approved by the following vote: Aye- Smith, Hardie, Christ, Stiles, Schlitz and Bird; Nay - None. PUBLIC HEARINGIREZONINGIALLEN & URBAIN ARCHITECTS/HILLS & DALES: Application of the Allen & Urbain Architects/Hills and Dales Development Center, 1011 Davis Street to rezone property from R-1 Single-Family Residential District to OR Office Residential District. John Allen introduced Marilyn Althoff and Jan Imhoff of Hills and Dales Development Center, and outlined the layout of the Hills and Dales facility. He said that many services are currently conducted off-site. He discussed Hills and Dales mission regarding developmentally disabled residents. He said that Hills and Dales needs more space and the requested rezoning would enable Hills and Dales to become a conforming use and to expand its operation. He said additional adult care space and programming space is needed. He stated that the Hills and Dales facility is also changing from primarily an institutional facility to a residential facility. He said that Hills and Dales needs more staff and office space. Mr. Allen reviewed the site plan with Commissioners indicating the expansion area and creation of residential pods for clients. He said the number of residents on-site and traffic will not increase. He said that some parking will be placed at the rear of the facility and landscaping will be placed around all parking areas. Staff Member Kritz stated that the Commission had received a letter from a neighbor and asked that the Commission enter it into the record. Mr. Kritz outlined the property history and the zoning status of Hills and Dales facility. He said that the facility currently does not meet the definition of a group home, and therefore to expand, must be rezoned. He discussed adjacent uses and the proposed reconflguration of the buildings on the Hills and Dales campus. Joel Glennon, 1004 Davis Street, said that many cars are in Hills and Dales' parking lot throughout the week. He said that traffic will increase as a result of this proposal. Bob Welu, 970 Davis Street, said that storm water is a problem in this neighborhood. He said that water from the paved parking areas of Hills and Dales runs over the street and into the yards of adjacent properties. He said that the existing storm sewer does not have the capacity to handle storm water runoff. He said that traffic in the area is heavy. John Allen stated that the storm drainage from the expanded facility will be contained in a detention basin at the rear of the lot as per City of Dubuque standards. Commissioner Hardie stated that the number of children at this location will not change, but that the living quarters of the residential facility are being rearranged. He said there will, however, be a small increase in office staff, which currently come to visit the facility anyway. He stated that felt the expansion would not generate a substantial increase in traffic. He said that the current subdivision ordinance addresses storm water detention Minutes - Zoning Advisory Commission June 6, 2001 Page 5 and he trusts that runoff will be managed threugh this precess. Mr. Hardie stated that he felt this was a worthy project, that it has great landscaping, and that he approves of it. Commissioner Smith agreed. Commissioner Stiles said that this will be a great benefit to the residential facility and the community in general. Motion by Smith, seconded by Chdst, to appreve the rezoning request as submitted. Motion was appreved by the following vote: Aye- Smith, Hardie, Christ, Stiles, Schiltz and Bird; Nay - None. pU_~L!C HEARINGIREZONINGI1840 RADFORD ROADIHANSEN: Application of Jim Hansen, 1840 Radford Road, to rezone preperty from C-3 General Commereial District to CS Commercial Service and Wholesale District. Attorney Bob Neuwohner, representing the applicant, reviewed Mr. Hansen's request, stating that he wants to rezone the parcel from C-3 General Commereial zoning to CS Commereial Service and Wholesale District. He stated that Mr. Hansen wants to develop mini warehousing on the back half of the preperty. Staff Member Hemenway reviewed the staff report, noting the surrounding land uses and zoning. He reviewed the difference between allowed uses in C-3 and CS districts. Carel Copeland, 1877 North Court, stated she had concems with storm water runoff. Attorney Neuwohner stated that the site plan for the facility will include measures to manage storm water. The Commission reviewed the setback requirements for CS districts, permitted uses and preposed storm water detention on the site. The Commission discussed adding conditions such as screening to mitigate potential adverse impacts to adjacent preperties. Motion by Christ, seconded by Stiles, to approve the rezoning subject to: (1) eliminating permitted uses 19, 20, 21, 31, 37, 38, 40, 41 and 42 from the CS district; (2) requiring a chain link secudty fence to be placed areund the entire warehouse site; and (3) requiring vegetative screening along the boundary coincident with the R-1 Single-Family Residential Zoning District. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schiltz and Bird; Nay - None. PUBLIC HEARINGIRF_ZONINGIRAVEN OAKS DRIVE/STAR DEVELOPMENT: Application of Star Development, LLC~ to amend an existing PUD Planned Unit Development with a PR Planned Residential District designation to allow a 62-unit senior apartment building at the end of Raven Oaks Drive. Perry Horrender, Star Development, LLC., intreduced Jerry Bourquin of HSR Associates. He outlined the company history. He stated that his company wanted to expand into Iowa with senior apartments and preposes to develop a 62-unit independent living facility with Minutes -Zoning Advisory Commission June 6,2001 Page 6 one and two bedroom apartments of approximately 750-1,100 square feet. He stated that the building will have a community center with underground parking and other amenities. He said that he is trying to limit the loss of trees on the site. He said that the building would be 74 feet, at the closest point, from other residential properties. He stated that the access to the facility would be from an extension of Raven Oaks Ddve. Jerry Bourquin outlined the adjacent land uses, site plan, and topography of the area. He discussed the provision of underground parking, fire access to the facility, and the potential to cul-de-sac the street. Staff Member Kritz discussed the development history of the Raven Oaks area. He said that the former planned residential development was approved for 88 units, and that Star Development has requested an amendment to the Planned Development designation for an elderly care facility with 62 units. He stated that storm water would have to be retained on-site. Staff Member Kritz discussed trip generation for elderly housing. Robert Pautvein, 2658 High View Circle, said that in the past, developers proposed Iow- income housing at this site. He stated that he is concerned with blasting of bedrock in the area. Wayne Bauer, 2652 High View Circle, said he is concerned with blasting. Jim Schwiers, Tulsa, Oklahoma, said that he owns property that abuts the proposed development. He said that he does not object to the development; however, he said that Raven Oaks Street should be extended through the subject property to Carter Road. Terry Hefel, 840 Hawkeye Drive, stated that he owns property on Raven Oaks and that the street should be widened. He said that a stoplight should be placed on the street to insure safety at the school crossing. Rita Wiebersch, 2675 Raven Oaks, said that the street is currently too narrow. She said she is concerned that emergency vehicles would not have adequate clearance on the existing street. Bernard Hefel, 17482 Gondola Drive, said that he owns a building on Raven Oaks and that the City promised that when further development took place the street would be widened and improved. He stated that it should be the developer's responsibility to improve the street from John F. Kennedy Road to the subject lot. He said he was concerned with kids crossing the street to Eisenhower School. Doug Hefel, 12230 Forest Meadow, stated that there are 72 residential units on Raven Oaks Drive, and that the neighborhood is densely developed and has a narrow street. He stated that the street should be widened and that property owners should share in the cost. Minutes -Zoning Advisory Commission June 6,2001 Page 7 Bob Curler, 2674 Marywood, stated that he has concerns regarding traffic safety and that he felt the property should be fenced or possibly wailed. He said that the City should consider the sanitary sewer connection to the facility. Karl Millius, 2680 Marywood Drive, stated that he is concerned with traffic safety. He said he is against blasting of the bedrock in the area and he said that the former plan for the area is better than the current proposal. Jack Felderman, 752 Mt. Carmel Road, outlined the property history. He said that this would be the least intense use for this property. Jerry Bourquin said that if blasting is necessary the developer will follow all applicable City and State ordinances regarding safety and use of explosives. He said that the building design has minimized the amount of rock and fill to be removed because it is a walkout that takes advantage of the ex~sting topography. He said that the single facility would require less construction time than would the development of multiple buildings as were approved for the former planned development. He stated that Crissy Drive will not be connected to Raven Oaks Drive. He said that elderly care facilities generate fewer 911 calls than an equal number of single-family residences. Commissioner Hardie asked if the applicant had considered extension of the street through the to Carter Road. Jerry Bourquin stated that they had not considered it. Commissioner Stiles suggested that they consider extending the road through to Carter and having access to the facility from Carter Road Perry Horrender stated that the developers do not want to extend the road from Ravens Oaks terminus to Carter Road because of the cost and that it was not part of their building strategy. Staff Member Kritz discussed the street widths in the area, stating that if the street was widened and parking were permitted, and the width of the traveled portion of the street would be reduced. The Commissioners asked the developer to contact Eisenhower School regarding patrolling the school crossing. Motion by Schlitz, seconded by Christ, to approve the PUD as submitted. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schlitz and Bird; Nay- None. REZONINGI2509 ROOSEVELT/HAAS: Application of Mike and Kris Hass to rezone property at 2509 Roosevelt Street, from R-1 Single-Family Residential District to PUD Planned Unit Development to allow the establishment of a vineyard and winery with retail sales and a tasting room accessory to the winery. Minutes-Zoning Advisory Commission June 6,2001 Page 8 The applicant was not in attendance. Staff asked that the Commission table this item until resubmitted by the applicant. Motion by Hardie, seconded by Christ, to table this item. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schiltz and Bird; Nay - None. ADJOURNMENT: The meeting adjourned at 8:45 p.m. Kyle L. Kritz, Associate Planner Adopted