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Minutes Zoning Adv.Bd. 10 03 01 MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, October 3, 2001 6:30 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa PRESENT: ABSENT: Chair erson Eu ene Bird, Jr; Commissioners Ron Smith, Ste~e He~d e,__ P . g Martha Chr{st, Jeff Shies, D~ck Schdtz and Ben Roush; Staff ~l~i~ber~uy Hemenway and Kyle KriS. None. CALL TO ORDER: The meeting was called to order at 6:30 p.m. AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying that the meeting was being held in compliance with the Iowa Open Meetings Law. MINUTES: The minutes of the September 5, 2001 meeting were approved unanimously as submitted. ACTION~FINAL PLA~KLAUER: Application of Roger Klauer to approve the final plat of Lot A and Lots 1, 2, 3, 4 and 5, C.J. Bies Subdivision No. 2 Roger Klauer spoke in favor of his request, stating that he is serving as an agent for his children. He said that he approves of the final plat configuration as submitted to the Commission. Staff Member Kdtz outlined the staff report, detailing the plat configuration and possible alignment of Kebbie and Bies Drives. Chairperson Bird said that there was initially an issue regarding access to Lots 4 and 5 of the subdivision. Staff Member Kritz said this issue is still pending, and that the City Engineering Department is studying possible street realignment in this area. Motion by Hardie, seconded by Schiltz, to approve the plat as submitted. Motion was approved by the following vote: Aye - Smith, Hardie, Schiltz, Roush, Stiles, Christ and Bird; Nay - None. PUBLIC HEARING~REZONINGtMILLER: Application of Beverly Miller to rezone property located at 2727 Dodge from C-2 Neighborhood Shopping Center District to C-3 General Commercial District. Beverly Miller, 2735 Dodge Street, spoke in favor of her request. She described the area that she requested to be rezoned. Mrs. Miller reviewed the surrounding land use and noted that packaged liquor stores should be located in a C-3 district. Minutes - Zoning Advisory Commission October 3, 2001 Page 2 Staff Member Kritz distributed a letter from Steven Goedken, 57 Croyden Crest, regarding the proposed rezoning. Staff Member Kritz outlined the staff report, noting surrounding zoning and land use. He said that the applicant had originally requested rezoning the property from C-2 to C-3 in 1994, and was denied. In response to a question from the Commission, he stated that there has been no moratorium placed on development for this portion of Dodge Street. Commissioners discussed uses permitted in a C-3 District. Commissioner Smith asked if a site plan would be reviewed by the Iowa Department of Transportation prior to construction. Staff Member Kritz replied no. He said that the Department of Transportation has just preliminarily begun studying the Dodge Street Corridor. Donald Holz, 53 Croyden Crest, said that his property overlooks the property proposed to be rezoned. He said that he was concerned with the potential for increased noise in the area. He said that his property sits 25 feet above Sid's Beverage, and therefore, has a direct line of sight to the property. He said that noise, activity and light pollution would be impossible to screen from the adjacent property. He said that the development of this property could potentially decrease his property value. He said thata tavern is a permitted use in a C-3 District, and, if developed, would have a negative impact on the neighborhood. He said that vehicular access to this property is also a problem Roberta Milbrandt, 40 Croyden Crest, said that she is concerned with potential noise and light that would be generated by permitted uses n a C-3 district. She said she is concerned that a tavern or car wash would be placed on this property. Steve Goedken, 57 Croyden Crest, said that he submitted a letter to the Commission outlining his concerns. He said that the C-3 District does not mix well with existing single- family residential. He said he is concerned with noise, light and traffic. Steven Houselog, 50 Croyden Crest, said that this is a quiet neighborhood, and that he agreed with his neighbor's concerns regarding light, noise and traffic. Beverly Miller stated that she lives directly adjacent to the property proposed to be rezoned, and that she would not want to permit a business that would create noise at this location. She said her current business does not shine its lights on adjacent properties or create noise. She said she wants to secure a business that generates Iow traffic volume. Commissioner Schlitz said that in 1994, the Zoning Advisory Commission did not want to position C-3 development adjacent to single-family residential He said that he did not want to jeopardize future Highway 20 improvements in this area. Commissioner Smith agreed. Commissioner Hardie stated that he agreed, and that the existing business, a package beer and liquor store, is currently permitted in a C-2 District. He said he felt C-2 was appropriate for this parcel. Minutes - Zoning Advisory Commission October 3, 2001 Page 3 Commissioner Stiles stated that he felt the existing C-2 District serves as an appropriate buffer for the surrounding residences. Motion by Christ, seconded by Smith, to approve the rezoning as submitted. Motion was denied by the following vote: Aye - None; Nay - Smith, Hardie, Christ, Stiles, Roush, Schlitz and Bird. PUBLIC HEARING~REZONING~HERRIG REAL ESTATE: Application of Herrig Real Estate to rezone property located at the endof J. F. Kennedy Circle from C-3 General Commercial District to CS Commercial Service and Wholesale District. Eidon Herrig, 150 Bradley Street, said that his office is across from the property he wants to rezone. He said that this site is favorable for mini-storage. He said that mini-storage is less intense than many of the uses permitted in a C-3 District.. Mr. Herrig stated the neighbors are amenable to the razoning, and the development of mini-warehousing at this site. He said he felt mini-warehousing would be an asset to this neighborhood. He distributed pictures to the Commission indicating the tree buffer that exists partially on his property and partially on City property. He also distributed a preliminary site plan showing the mini-warehouse layout. Commissioner Hardie asked if the trees would remain. Mr. Herrig said he had no intentions of removing the trees. Staff Member Kritz outlined the staff report Stating that CS zoning allows uses that are similar to those currently found on Cedar Cross Road. He said that large steel commemial buildings usually characterize CS development. He said that CS zoning often serves as a transition between C-3 and LI Light Industrial. Commissioners discussed permitted uses in CS and C-3 Districts and noted that moving and storage facilities are permitted in a C-3 District. Commissioners felt that lighting on this site could be directed so as to not spill onto adjacent properties. Commissioners felt that noise could be generated by many of the uses in the CS and C-3 Districts, but that mini-warehousing generates very little noise. Commissioners discussed drainage from the site. Motion by Smith, seconded by Stiles, to approve the rezoning with a friendly amendment from Commissioners Hardie and Bird to 1) eliminate uses 19, 20, 21, 31, 32, 37, 38, 41 and 42 from .the list of permitted uses; 2) require that all vehicle access and unloading areas be paved; 3) require that cut-off lighting be used; and, 4) require security fencing around the perimeter of the mini-warehouse facility. Motion by approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schlitz, Roush and Bird; Nay- None. PUBLIC HEARING~REZONING~GENEVA SHEPPLEY ESTATE: Application of Mary Marting to rezone property located at 390 Mississippi View Drive from R-1 Single-Family Residential District to R-2 Two-Family Residential District. Minutes - Zoning Advisory Commission October 3, 2001 Page 4 Marilee Marring, 360 Mississippi View Drive, reviewed her request to rezone the property, stating that she wanted to convert an existing single-family home to a duplex and possibly build a duplex on a vacant lot. Staff Member Hemenway reviewed the staff report, noting the surrounding zoning and land use. He stated that the proposed R-2 zoning is adjacent to an existing R-2 District along Mt. Loretta He noted that off-street parking is required for duplexes at two spaces per unit. The Commission reviewed the size of the existing paroels included in the rezoning request and available access to the property. The Commission noted that this request would represent an expansion of an existing R-2 zoning district. Motion by Christ, seconded by Smith, to approve the rezoning as submitted. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schlitz, Roush and Bird; Nay - None. PUBLIC HEARING[REZONING~ARTHOFER: Application of Charles & Joyce Arthofer to rezone property located at 800 Rhomberg Avenue from C-1 Neighborhood Commercial District and R-2A Alternate Two-Family Residential District to C-3 General Commercial District. Charles Arthofer reviewed his request, noting that he has two reasons for the proposed rezoning. He stated first, he would like to construct a freestanding sign and second, he would like to ensure that if his garage were destroyed by fire or other means, that he could rebuild it. He stated that the garage portion of his property is currently zoned R-2A and currently is non-conforming. Staff Member Hemenway reviewed the request, noting that an auto sales business is allowed in the C-3 District. He reviewed the past zoning history of the subject property. He noted that Mr. Arthofer expressed a willingness to accept any conditions regarding the rezoning that may further limit permitted uses. Lyle Daughetee, 715 Garfield Avenue, said that was not concerned about the existing car lot, but was concerned about other uses that would be permitted in the C-3 District if the rezoning were to be approved. John McCann, 722 Rhomberg Avenue, stated that he does not object to Mr. Arthofer's current business, but is concerned about possible other uses. Mr. McCann stated he felt a sign should be allowed at this location. Mr. Arthofer stated he did not want to place a larger garage on this site. Commissioner Chair Bird noted receipt of a letter from Dennis and Mary Ann Young. Minutes - Zoning Advisory Commission October 3, 2001 Page 5 Commissioners reviewed the zoning history of the subject property and discussed applying conditions to mitigate adverse impacts to adjacent properties. The Commission discussed the list of uses permitted in a C-3 District and surrounding zoning. Motion by Stiles, seconded by Bird, to table the rezoning request and direct staff to resubmit the application with a CS zoning request. Commissioners also asked that property owners within 200 feet be renotified. The motion was approved by the following vote: Aye - Smith, Stiles, Schlitz, Roush and Bird; Nay - Christ and Hardie. PUBLIC HEARING[REZONING~KLAUER REAL ESTATE: Application of Roger Klauer to rezone property located on the east and west sides of Kebbie Drive from R-1 Single-Family Residential District to R-2 Two-Family Residential District. Roger Klauer said that he is acting as an agent for his three children who live out of town. He said that he wants to rezone five lots and discussed with the Commission the proposed zoning configuration. He stated that he is proposing a less dense residential zone for this property. Staff Member Kdtz said that the change from R-3 to R-2 zoning was proposed by the City Council and referred to the Zoning Advisory Commission for their review. He stated that R-2 zoning has been placed directly adjacent to R-1 in many of the newer developments throughout the community. He discussed possible configuration of structures on R-2 lots. He said that the Zoning Advisory Commission originally voted to deny the R-3 zoning, Terry Link, 3550 Daniel Street, said he is concerned with the amount of traffic that could potentially be generated by residential development. He said he is concerned with buffering and he felt that a cul-de-sac should be placed at the end of Bies Drive. He said he would like to know what the traffic counts are along Bies Drive. Nell Ransford, 1584 Bies Drive, said that he wanted to buy the lot originally from Mr. Klauer. He stated that he has traffic concerns. Mr. Klauer said that he has pictures of the property from as far back as t969 showing that Bies Drive was extended through to Century Drive. He said that his proposal represents progress for the area and that there is no stigma attached to well built duplexes. He said the addition of two-family homes at this location would represent a very limited increase in traffic. Commissioner Schlitz stated that he agrees with the Council's request to consider the R-2 zoning, and that he does not foresee any problems with said zoning. Commissioner Schlitz stated that duplex-style residences are appropriate for this neighborhood. He stated that originally had concerns with the number of apartments that can be built in an R-3 District. Minutes - Zoning Advisory Commission October 3, 2001 Page 6 Commission Chair Bird stated that the City Council directed the City Engineering Department to redesign Sylvan, Bies and Century Drives. He told the neighbors present that they could contact the Engineering Department if they wanted to provide input regarding the redesign. Commissioner Roush stated that he felt that the change from R-1 to R-2 zoning would generate very little additional traffic. Motion by Smith, seconded by Christ, to approve the rezoning as submitted. Motion was approved by the following vote: Aye - Smith. Hardie, Christ, Stiles, Schlitz= Roush and Bird; Nay - None. ITEMS FROM COMMISSION: Chairperson Bird asked the Commission if he should direct staff to draft an amendment to the ordinance that would list mini-warehousing as a permitted use in a C-3 District. Commissioners discussed this and felt that further review for mira-warehousing should be required. Commissioners felt that mini-warehousing could be added to C-3 districts as a conditional use. Commissioners directed staff to draft language to the ordinance to permit m~ni-warehousing as a conditional use in a C-3 District. ADJOURNMENT: The meeting adjoui'ned at 8:30 p.m. Guy Hemenway, Assistant Planner Adopted