Minutes Zoning Adv 12 6 00 MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
Wednesday, December 6, 2000
6:30 p.m.
Auditorium, Carnegie Stout Ubrary
360 W. 11th Street, Dubuque, Towa
DP AFT
PRESENT:
ABSENT:
Chairperson Eugene Bird, -ir.; Commissioners Ron Smith, Stephen Hardie,
.left Stiles, Dick Schlitz and Mar[ha Christ; Staff Members Guy Hemenway and
Kyle Kritz.
Commissioner Bob Nagle,
AFFZDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance ver'n'ying that
the meeting was being held in compliance with the :Iowa Open Meetings Law.
MINUTES: The minutes of the November 1, 2000 meeting were approved as written.
ACTION ~rTEM\LONG RANGE PLANNrNG ADvI'SORY COMH!SSION: One of the
Oty_Councirs 1996-1997 goams was to review and revise the Zoning Ordinance. Planning
Services Department requested $75,000 for the .FY 1998 budget to hire a consultant to
assist with the comprehensive review of the Zoning Ordinance. The City Council opted to
have the Planning Services Department undertake the work in-house. Instead of
outsourcing it to a consultant. The City ManageF has asked the Planning Services
Department to request a consultant to update the Zoning Ordinance for the upcoming FY
2002 budget.
Gordon Mills, Chairperson of the Long Range Planning Advisory Commission spoke
regarding the Zoning Ordinance review/revision.
The Zoning Advisory Commission thanked Mr. Mills for the information he presented.
ACTION ITEM\PLAT OF SURVEY\FRYE: Application of William Frye for approval of the
Plat of Survey of Lot 1 of 1 and Lot 2 of i of 3aeger Heights No. 3 located at 2170 .laeger
Ddve.
The applicant spoke in favor of the request, stating that lot split would provide larger
yards for himself and his neighbor, Mr. Lightfoot. Staff noted that the Commission was
reviewing the lot split because the two lots created have less lot frontage and lot area
than required by the subdivision regulations. There were no public comments.
Zoning Advisory Commission
Minutes - December 6, 2000
Page 2
The Zoning Advisory Commission discussed the request, noting that while the lot splil~ does
not adversely impact adjacent properly, they do not want to approve two substandard lots
that could still be built on. The Commission was willing to approve the plat with the
condition that a note be placed on the plat that indicates that neither lot can be used to
construct a single-family home.
By a unanimous vote, the Zoning Advisory Commission approves the Plat of Survey with
the condition that a single-family home cannot be built on either Lot i of 1 of Lot 2 of 1
3aeger Heights Subdivision No. 3.
ACT'rON TrEM~REZONZNG RECONSTDERATZON\HOLO BTG 10 HART'
Reconsideration of a rezoning request (refe?red by City Council) by Molo Big 10 Mart to
rezone prope¢o/located at 2100 3ohn F. Kennedy Road from C-2 Neighborhood Shopping
Center District to C-3 General Commercial District.
The applicant spoke in favor of the request, reviewing the company's reasons for
requesting a rezoning from C-2 to C-3 that were included in a letter dated November 9,
2000. Staff reviewed surrounding zoning and land use and indicated that car washes
and fast food restaurants were conditional uses in a C-2 district, but that oil and lube
businesses were not allowed.
The Zoning Advisory Commission discussed the request, noting that the subject property is
in a transition area between the more predominant commercial uses on the west side of
3ohn F. -Kennedy Road and the office and residential areas on the east side. The
Commission discussed the additional signage allowed by the C-3 district and whether this
could add to the sign clutter along 3ohn F. Kennedy Road. The Board felt that the
applicant did have sufficient flexibility under the C-2 district to change the business to allow
for sale of fast food or provide car washes. The Commission also directed staff to prepare
a tex~ amendment to allow oil change/lube businesses as a permitted use in the C-2
district. The Commission believed this would address the applicant's concern that if the
business was destroyed by fire, they could not rebuild.
By a unanimous vote Zoning Advisory Commission denies the rezoning request.
PUBLZC HEAR~NG\REZON~rNG\MENARD, :[NC.: Application of Menard, Inc. (referred
by City Council) to rezone property along U.S. Highway 20, southwest of Westside Court to
rezone prope~'~ from C-3 General Commercial District and CS Commercial Service and
Wholesale District to PUD Planned Unit Development District, with a PC Planned
Commercial designation to allow for development of a new Menard's store.
Zoning Advisory Commission
Minutes - December 6, 2000
Page 3
The applicant spoke in favor of the request, reviewing proposed intersection changes at
Old Highway Road, U.S. Highway 20 and the quarry entrance and the new four-way
intersection that will serve the new Henard's store. The applicant's engineer reviewed
the impact of the changes to vehicles t~veling on U.S. Highway 20 and trucks entering
and exiting the quarry. Staff responded to Commissioners questions regarding
proposed changes to U.S. Highway 20 and responsibility for installaUon of signals. Red
Tschiggfrie and Hike Hoffman, representing the quarry, spoke in support of the truck-
activated signal at Old Highway Road, stating it would increase the safety of trucks
entering the highway. Representatives of the Dubuque County Fair Association spoke
in support of the Henard's proposal, provided the high volume of traffic dudng fair
week is taken into consideration when implemenUng intersection design changes.
The Zoning Advisory Commission discussed lJhe request, noting that the changes pmpesed
by Henard's will improve traffic flow through this area. The Commission supported
providing protection for quarry trucks entering U.S. 20 for both left and right tums.
By a unanimous vote, the Zoning Advisory Commission approves the rezoning request.
PUBLZC HEAR~NG\REZONZNG\HUGHES COURT ZNVESTMENT CO-'~ Application of
Hughes Court Investment Co./Schneider Land Surveying to rezone property located at
3195 Hughes Court from AG Agricultural District to L[ Light Industrial District to allow for
construction of a warehouse building.
The applicant spoke in favor of the request, noting that the proposed rezoning would
allow construction of a new industrial/warehouse building adjacent to the building they
recently constructed at the end of Hughes Court. Staff reported that the access to the
parcel will be through the applicant's existing properly. A neighboring property owner
spoke in support of the rezoning request, staUng that the change in zoning is consistent
with surrounding zoning.
The Zoning Advisory Commission discussed the request, noting that the rezoning request is
consistent with surrounding land use. Commissioners noted that access to the site is
adequate and has been reviewed by City Engineering and Rre Department staff.
By a unanimous vote, the Zoning Advisory Commission approves the request.
PUBLIC HEARTNG\REZON:~NG\WI'rr: Application of Leonard Witt to rezone a vacant
lot on Kelly Lane (one lot north of 1171 Hiller Road) from R-1 Single-Family Residential
District to R-2 Two-Family Residential District to allow for construction of a duplex.
Zoning Advisory Commission
Minutes - December 6, 2000
Page 4
The applicant spoke in favor of the request, stating that the property is well suited to
the construction of a duplex and access would be from Kelly Lane. Staff reviewed
surrounding zoning and land use. which is predominantly single-family residential.
Several neighboring property owners spoke in opposition to the request because of
concerns for increased traffic and negative impact on property value. A letter and a
petition in opposition were submitted.
The Zoning Advisory Commission discussed the request, noting that while a single duplex
will not adversely impact traffic and would not significantly impact property values, the
request did represent a spot zone in an area that has been developed for single-family
residential homes.
By a unanimous vote, the Zoning Advisory (~:ommission denies the rezoning request.
PUBLIC HEAR/NG\REZONING\CZTY OF DUBUQUE' Application of the City of
Dubuque to rezone property along Highway 20 Corridor between Bluff Street and Cherokee
Drive/Collins Street from R-! Single-Family Residential District, R-2 Two-Family Residential
District, C-1 Neighborhood Commerdal District, OR Office Residential District, OS Office
Service District and C-3 General Commercial District to POS Public Open Space District.
By a unanimous vote, this agenda item was tabled to the February 7, 2001 Zoning Advisory
Commission meeting.
PUBLTCHEAR.TNG\TEXT AMENDMENT\GRAND OPERA HOUSE: Application ofthe
Grand Opera House to amend Section 4-3.2(22) and Section 4-3.11 of the Zoning
Ordinance to allow theater marquee signs in a C-5 Central Business District.
This agenda item was withdrawn by applicant.
AD.1OURNHENT: The meeting adjourned at 8:45 p.m.
Kyle L. Kritz, Associate Planner
Adopted