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Minutes Zoning Ad C 11 07 01 MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, November 7, 2001 6:30 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa BP F¥ PRESENT: Chairperson Eugene Bird, Jr.; Commissioners Ron Smith, Stephen Hardie, Martha Chdst, Jeff Stiles, Dick Schlitz and Ben Roush; Staff Members Guy Hemenway and Kyle Kdtz. ABSENT: None. 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 October 3, 2001 meeting ware approved unanimously as submitted. ACTION ITEM~PLAT OF SURVEY~YIANNIAS: Application of Nick Yiannias for approval of the Plat of Survey of Westview Shopping Center Place No. 2 located at the end of John F. Kennedy Road and Congress Circle. The applicant was not in attendance. Staff Member Kritz outlined the staff report stating that Mr. Yiannias's request was a simple plat with substandard frontage. He stated that Mr. Yiannias is selling a por[Jon of his lot with 50 feet of frontage to an adjacent property owner. He stated that the reconfigured lot should not affect access to both commercial Motion by Schlitz, seconded by Christ, to approve the plat as submitted, waiving the lot frontage requirement on Lot 1. Motion was approved by the following vote: Aye- Smith, Hardie, Christ, Stiles, Schlitz, Roush and Bird; Nay - None. ACTION ITEM~FINAL PLAT~,HENSCHEL: Application of Richard & Tom Henschel for approval of the final plat of Megan-Nicole Valley Subdivision in the City of Dubuque and Dubuque County located at the end of Miller Road. Tom Henschel, 995 June Drive, said he was asking for approval to replat so that he can purchase property from his father. Staff Member Kritz said that the existing lots have no frontage and the new tot configuration also will have no frontage. He said current access to this property would not be affected by the replaffing. Zoning Advisory Commission Minutes - November 7, 2001 Page 2 Motion by Hardie, seconded by Smith, to approve the final plat waiving the tot f~ontage requirement. Motion wes approved by the following vote: Aye- Smith, Hardie, Chdst, Stiles, Schlitz, Roush and Bird; Nay - None. PUBLIC HEARINGLREZONING~J-AUEI~WALSER; Application of Robert Klauer/Robert Waiser to rezone property located at 430 Garfield Avenue from LI Light Industrial District to CS Commercial Service and Wholesale District. Rob Klauer, Dubuque Wholesale Carpet, 422 Garfield, said he would like to relocate his business next door. Staff Member Krilz said that the Light Industrial District does not allow retail sales; however, the CS District allows both wholesale and retail sales. He said that the building is the site of the former Yankee Glove Factory. He also stated that commercial service zoning serves as a good transition between the districts in this neighborhood. Motion by Smith, seconded by Stiles, to approve the rezoning as submitted. Motion was approved by the following vote: Aye- Smith, Hardie, Christ, Stiles, Schiltz, Roush and Bird; Nay - None. PUBLIC HEARING~REZONINGLa, RTHOFER: Application of Charles & Joyce Arthofer to rezone property located at 800 Rhomberg Avenuefmm C-1 Neighborhood Commercial and R-2A Alternate Two-Family Residential District to CS Commercial Service and Wholesale Diatric~ Charles Arthofer reviewed his request with the Commission, stating that if his buildings were destroyed by fire or other means, he could not rebuild because his is a non- conforming use. Staff Member Hemenway distributed a letter from Jim Ludescher. He also reviewed the previous request for re,zoning to C-3. He noted that the rationale given by the applicant for the requested rezonings are to eliminate the non-conforming status of the property and allow construction of a freestanding sign, John McCann, 722 Rhomberg, stated he is opposed to the rezoning because it may set a precedent that will allow commercial zoning to e~q3and in the area. He said he feels commercial zoning at this location would adversely impact his property. Lyle Doughtee, 715 Garfield Avenue, said that he did not oppose a sign at this location, but he wes opposed to a change in zoning. Mr. Arthofer stated that he felt the neighbors who objected to his rezoning request did not understand the impact on his business if his buildings on his lot were destroyed. The Commission discussed the purpose of non-conformities, noting that the intent is to eventually enable properties to become conforming through a change in the business, Zoning Advisory Commission Minutes - November 7, 2001 Page 3 destruction of the buildings or redevelopment- Commissioners discussed the list of allowed uses in a CS DistricL The Commission particularly noted the history of the mix of land uses in the subject area. Commissioners felt that the neighbors who spoke in opposition to the rezoning request were not concerned with the existing car lot but were concerned with the host of uses that would be allowed under CS zoning. The Commission noted that the applicant can continue to operate his business at his present location and as it is presently configured. However, some Commissioners noted that if the property were rezoned, them was no guarantee that Mr. Arthofer would remain there indefinitely. Commissionem felt that all the uses allowed by the C-2 would be made available to the new property owner and may not be compatible with adjacent residential properties. The Commissioners discussed the regulations regarding legal non-conformities and noted that the existing use cannot expand. Motion by Stiles, seconded by Schlitz, to approve the rezoning as subrc;rtted. Motion was denied by the following vote: Aye- Bird and Schlitz; Nay- Smith, Hardie, Christ, Sa'les and Roush. PUBLIC HEAI~GtT~ AMENDMENT~CITY OF DUBUQUE; Application of City of Dubuque to amend Section 6-1.5.5 and 4-4.2 of the Zoning Ordinance and Section 42-16 of the Subdivision Regulations regarding a development mortorium in the proposed S~ Arterial Corridor. Staff Member Kdtz stated that the moratorium request wes initiated by the Iowa Department of Transportefion as outlined in their letter, which was included in the agenda packet. He stated that the intent of the letter was to ask the commission to approve a one- year extension of tyre moratorium time and an expansion of the moratorium area as indicated on the map. He said that property owners within the corridor have been notified. He stated fi-mt the iowa Deparb~ent of Transportation has uncovered archeolegical sites in the area and are continuing to conduct an environmental impact analysis. Commissioner Hardie questioned why the study area was being expanded. Tim Sanford, 12033 Cousins Road, said that the Iowa Department of Transportation wants to purchase the properties. He asked the Commission not to extend the time or the area for the moratorium. He said he has heard conflicting information, and is unclear if the project will be built as scheduled. He stated that he wants to continue operating his business and to build a storage building on his lot- He stated that he and adjacent property owners may wish to sell their property but have to walt. Karen Rokusek, 12101 Cousins Road, said that she was not granted her graduated tax increase request because the City assured her that services would be provided. She said those services have not been provided. She said that in the interim, she cannot improve or sell her property. Zoning Advisory Commission Minutes - November 7, 2001 Page 4 Commissioner Schlitz said that the IDOT's action almost amounts to condemnation without renumeration. He said it is not fair to make property owners wail He said that the state has been studying this project since 1978 or 1979. Chairperson Bird asked that staff research the funding and timetable of the project. Commissioner Stiles agreed that this irrformation was necessary to make a reasonable decision. Commissioner Hardie said that he was concerned that the Commission would place roadblocks in front of the IDOT by not allowing the time to address the archeological and environmental concerns in this corridor. He said the IDOT may chose to bump the project if impediments are placed in its way. Commissioner Schlitz said that he felt the Zoning Commission is being asked to be a toot of the IDOT~ He stated that the Commission is allowing the Depal~ent of Transportation to sidestep their responsibility to buy the properties outright. Staff Member Kritz said t~at the Zoning Advisory Commission is to review the amendment, but is not priw to all the information regarding the timetable, funding and design of the highv~ay corridor project. He stated that the City Council wil! review the Department of Transportation's request and have three members on the DMATS. He stated that if the Zoning Advisory Commission tables this request, the moratorium will expire before the next regular Zoning Advisory Commission meeting where Commissioners can formally take action. Commissioners felt that they should vote the request up or down and send the recommendation on to the City Council, which can make a more informed decision. Commissioner Hardie recommended that the neighbors and concerned propeffy ovmers attend the City Council meeting and let their concerns be noted. Chairperson Bird said that the staff memo to the City Council should encapsulate the Commission's feelings. He stated that it should indicate that the Zoning Advisory Commission did not have the ability to table the request because of the fimeteble. Commissioner Hardie said that the staff should reflect accurately the discussion between Commission members by providing detailed minutes to the City Council. He said that he did not want to water down the 5-2 vote. Motion by Christ, seconded by Stiles, to approve the moratorium request as submitted. Motion was approved by the following vote: Aye- Smith, Hardie, Chdst, Stiles, and Roush; Nay -Bird and Schiitz. PUBLIC HEARING/TEXT A~IENDII~ENTS: Application of the City of Dubuque to amend Section 3-3.3(D) of the Zoning Ordinance to allow mini-warehouses es a conditional use in a C-3 General Commercial District. NOTE: Dick Schlitz left at 7:45 p.m. Staff Member Kritz reviewed the staff report, including conditions records, fended for a mink warehouse in a C-3 District. He stated that it was rather contradictory that the list of permitted uses in a C-3 allows freight and transfer facilities and many more intense activities than mini-warehousing. Commissioners felt that through Zoning Board of Zoning Advisory Commission Minutes - November 7, 2001 Page 5 Adjustment review, neighborhood notification and the four conditions placed on mini- warehousing in a C-3 District, that the amendment was appropriate. Motion by Christ, seconded by Stiles to approve the amendment as submitted. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Roush and Bird; Nay- None; Absent- Schlitz. ITEMS FROM STAFF: Staffand Commissioners reviewed the 2002 commission schedule as submitted by staff."'Commissioners agreed to the changes as presented. Staff Member Fritz asked if Commissioners wanted to go paperlass using laptop computers. The Commissioners discussed hardcopy versus digital format of materials provided. Commissioner Hardie stated that he liked to be able to pencil notes on hardcopy. Commissioners discussed economic issues regarding cost savings for paper free meetings. The Commissioners agreed that they felt the current agenda packet format was appropriate and convenient and saw no compelling reason to expend funds for laptop computers. Commissioners noted that if the Council or City Management feels strongly about encouraging a paper-free environment that they were willing to agree with their recommendation. ADJOURNMENT,; The meeting adjourned at 8:00 p.m. Kyle L. Kdtz, Associate Planner Adopted