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Minutes Zoning Advisory 1 30 08 Special Session~ Dubuque THE C1TX OF ~r DUB UE Masterpiece on the Mississippi zo©~ MINUTES ZONING ADVISORY COMMISSION SPECIAL SESSION Wednesday, January 30, 2008 6:30 p.m. Auditorium, Carnegie Stout Public Library 360 W. 11th Street, Dubuque, Iowa PRESENT: Chairperson Eugene Bird, Jr.; Vice Chairperson Jeff Stiles, Commissioners Stephen Hardie and Ron Smith; Staff Members Laura Carstens, Kyle Kritz and Tim O'Brien. ABSENT: Commissioners Dick Schiltz, Martha Christ and Charles Miller. 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. ACTION ITEM: SPECIAL WORK SESSION/BLUFFFLAND ADVISORY COMMITTEE PRESENTATION: Chairperson Bird asked for the co-spokespersons of the Bluffland Advisory Committee (BAC) to make a presentation. Lou Oswald, 1080 Nowata, co-spokesperson for the BAC, reviewed with the Zoning Advisory Commission (ZAC) members the goals of the BAC. He reviewed the concerns that the ZAC brought up at the November 7, 2007 ZAC meeting as outlined in the minutes of that meeting. Mr. Oswald indicated that the BAC would try to address the concerns raised by the ZAC, and indicated that the BAC does not believe that existing regulations are sufficient to protect bluffs in the community. Mr. Oswald stated that the BAC wants to develop regulations that strike a balance between the preservation of our bluffs and the future growth and development of the community. John Brennan, 1432 S. Grandview Avenue, co-spokesperson for the BAC, reviewed that the BAC had been meeting for about a year, and that while the initial size of the group was larger, people have come and gone throughout that time, and that there has always been a core group of members who consistently meet. Mr. Brennan reviewed that the BAC received input from the Assistant City Attorney Tim O'Brien at their October 2007 meeting, and could have used more time before the Council work session in November 2007 to prepare their recommendations. Mr. Brennan indicated that the Council directed the BAC to establish what their concerns are, review existing regulations to see what, if any loopholes may exist and to work with the ZAC to develop appropriate regulations. Mr. Brennan indicated that Dubuque is lucky to have the bluffs, and that protection of these areas should be on par with that of historic preservation districts, and that the bluffland Minutes -Zoning Advisory Commission January 30, 2008 Page 2 area should be protected from out of character development. Mr. Brennan indicated that he felt that there has always been a large number of people who value the bluffs prior to Mr. Spiegel's proposed projects at Eagle Point and River Pointe, but that these projects opened the eyes of many people to what could occur in our bluffland area. Mr. Brennan indicated that one of the concerns of the BAC is that a developer could buy up individual parcels of land along the bluffs, and then propose a large out-of-scale project. Mr. Brennan indicated that the area is already densely developed, and can't handle significant increases in density because of the inadequate street system. He indicated that the BAC is not in favor of taking property or regulating smaller moderately priced single-family houses, but is more interested in creating proactive regulations to protect the bluffs from large, out of character developments. Mr. Brennan also indicated there are also environmental issues the group is concerned with, including storm water and erosion. Mr. Brennan concluded by stating that they hope to foster better communication with the ZAC and gain their perspective at this meeting. Chairperson Bird opened the meeting to remarks from any BAC members who wished to speak. Dick Vorwald, 2921 Washington Street, distributed written comments and stated he was a lifelong Dubuquer. He said he felt it was a misunderstanding that the BAC members only became interested when the River Pointe project was proposed. He felt that many of the members have long been concerned about protection of the City's blufflands. Mr. Vorwald reviewed changes the BAC has made from their initial recommendations. He reviewed the Minnesota example of regulations for bluffland areas as being addressed in three ways - from environmental, economic development and archeological standpoints. Mr. Vorwald indicated that the existing site plan review checklist the City uses for new developments could be modified to control erosion in areas along the bluffs, including reducing the disturbed area requirement to trigger having to obtain an erosion control permit because of the unique environmental conditions of the bluffland areas. Mr. Vorwald noted that with the Green Initiative underway in Dubuque, these changes would be in keeping with that goal. Mr. Vorwald also indicated that the historic preservation guidelines are an example of how the aesthetic issues can be addressed in the bluffland areas, with some modifications to reflect the unique nature of the blufflands. Jim Gonyier, 935 Oxford Street, stated that regulating the blufflands is a difficult undertaking, and that the initial recommendations were somewhat rushed and there wasn't time to reflect on the proposals before going to Council. Mr. Gonyier indicated the new revisions are based on input from the City Council, the ZAC and Legal staff. Katherine Fischer, 531 E. Heller Street, East Dubuque, Illinois, stated the community needs to think progressively regarding preservation of the bluffland areas and not as economic development versus environmental concerns. Ms. Fischer indicated that economic development also stands to gain from enhancing the environmental protection regulations and that the people involved with this issue need to seek common ground. Minutes -Zoning Advisory Commission January 30, 2008 Page 3 Chairperson Bird then asked ZAC members for their thoughts. Vice Chairperson Stiles thanked the BAC members for their commitment, and stated he does not think that it's the BAC versus the ZAC. He noted that the ZAC members do not have a "side" in this argument, but often work as a broker between citizen groups and the developer of a proposed project. Commissioner Stiles reviewed that there were many public hearings on the River Pointe project that gave people with different views ample opportunity to express them. He indicated he felt the River Pointe development was in character with the bluff area because the materials used and setbacks. Commissioner Stiles indicated he was supportive of going through the concerns previously noted by BAC members, but cautioned that any kind of regulation is a balancing act between competing needs in the community. Commissioner Hardie indicated that he believes that the impetus for creating the BAC and any proposed regulations is because of the River Pointe and Eagle Point projects. He noted that both projects were PUDs and while he does have concerns for the existing PUD regulations particularly in these cases, he is not aware of any other concerns regarding the bluffland area other than those two large projects. He indicated he had no problems with recent large homes built on the bluff, and has heard no outcry about them. He believes Building Codes that require structural engineers to certify plans as being sound for bluff- type locations are a good idea, but does not want to stop unique architectural designs. Commissioner Hardie used the example of Frank Lloyd Wright's Falling Water as architecture that you would not necessarily want to see restricted by new regulations. He indicated that he may be in favor of a height restriction and that he feels PUDs are better suited to commercial types of projects, whether they bemulti-family, such as River Pointe, or retail projects. He felt that there is not enough criteria in existing PUD regulations and that should be addressed, but he is not in favor of additional regulations specifically for the bluffland areas. Commissioner Smith indicated he agreed with comments made by Commissioner Hardie, and he believes that most of what is proposed by the BAC is already covered by existing regulations. Chairperson Bird indicated that he shares in the comments of the other Commissioners. He noted that there is an existing process with the ZAC and City Council that allows for people to get involved and to have their opinions expressed. He stated he believes that this existing process, which is a case-by-case process, is the best way to insure a high quality development without adding another level of bureaucracy. Chairperson Bird then invited the BAC co-spokespersons to make any closing remarks. Lou Oswald stated that he was saddened that the ZAC wouldn't support new bluffland regulations. Mr. Oswald noted that the BAC speaks for the people who spoke in opposition Minutes -Zoning Advisory Commission January 30, 2008 Page 4 to the River Pointe project and that a PUD is meant for mixed income developments and not a gated community. Commissioner Hardie indicated that a PUD is not necessarily exclusively intended for a mixed income project, but rather that the River Pointe project followed the process, was well advertised and was modified from its original concept. Commissioner Hardie indicated he was not totally happy with the outcome of the process, but that is the essence of a democratic process, and wondered how the BAC would propose to alter that process. Mr. Oswald reviewed that the BAC proposed the regulation that would establish a percentage slope, and that if it was extended along the bluff, it would only have allowed a 10-story building instead of the 12-story buildings allowed for River Pointe. Commissioner Hardie stated he does not have a problem developing bulk standards for PUDs such as River Pointe, but noted that most of the bluffland area is currently zoned residential. Mr. Oswald stated that the greater good of the community must be more important than a single land owner, and that there are not adequate regulations in place, and would have to think that Jeff Nagle will wonder what happened when the process allows a new 240-foot tall condo building to be built near his single-family home. Mr. Oswald indicated that the community cannot just sell our land for a tax base. Mr. Oswald indicated that the BAC is not interested in condemnation of property and noted that Commissioner Smith referred to his bluff top subdivision as his land, and was concerned about regulations affecting his property. Mr. Oswald indicated that the land was not Commissioner Smith's, but that it was the community's land. Commissioner Smith indicated that it was his understanding that land owners had the right to develop their property within the regulations established by the community, and wondered why this would be controversial. Commissioner Hardie indicated it appears that the BAC wants to develop regulations to protect the bluffs, but that most of the area along the bluffs is zoned residential. He indicated he was not in favor of new regulations on existing single-family homes. Mr. Oswald indicated he was concerned that appropriate regulations will not be in place to prevent further out-of-character development on the blufflands. Commissioner Hardie stated that if that is the BAC's concern, then they should be looking to address large scale projects, and not single-family homes. Mr. Oswald indicated that his concern is that the ZAC appears to say that the existing regulations are adequate. Minutes -Zoning Advisory Commission January 30, 2008 Page 5 Commissioner Hardie reiterated his remarks regarding adequacy of existing regulations were in regard to single-family homes and R-1 zoning, and noted that the BAC should not be surprised by these comments tonight because the ZAC had been consistent in its position. John Brennan indicated that during the River Pointe public hearings, some City Council members said that they did not have regulations in place regarding bluff top properties, and so they were bound to have to pass the project. Commissioner Hardie responded that this was not true; that the Council never has to approve a rezoning. Mr. Brennan questioned whetherthe ZAC would be open to a regulation thatwould prohibit PUD districts within bluffland areas. Commissioner Hardie responded that in his opinion, this would go too far, but that bulk standards need to be developed for PUDs. Chairperson Bird noted that currently the PUD regulations allow anything to be proposed, and that through the process of review by the ZAC and City Council, that standards are applied at that time, so that if there are concerns about a project, those concerns must be brought up at the time of the public hearings. Commissioner Hardie stated that he believes the BAC could help by providing specific suggestions that target large scale PUDs. Chairperson Bird noted that whatever standards that the BAC develops for blufflands, they need to bear in mind that they need to have teeth, and be specific in what they are looking for and not just in general terms. Commissioner Stiles indicated that the problem in his view is that 98% of the bluffland area is already developed, and that he supports the other Commissioners who have indicated that they believe the BAC should come up with bulk standards for bluffland PUDs. Mr. Brennan indicated that he felt it was a good suggestion to develop bulk standards for PUDs and noted that the BAC is concerned about the buying up of small single-family lots by a developer who would then combine them to build a large structure. Mr. Brennan also brought up a concern he has about construction of new homes with exposed foundations. Commissioner Hardie indicated he was not in favor of a regulation that would restrict a certain type of building style - i.e., exposed foundation, and noted that many communities have them, including the San Francisco, California area. Minutes -Zoning Advisory Commission January 30, 2008 Page 6 Dick Vorwald stated he would submit information from the Minneapolis area and indicated that any development should take into account the soil type and slope, and there should also be regulations on the type of backfill material used on a site. He noted that there are now regulations pertaining to bluff stability in the Building Code, and that the best management practices, like Minneapolis has, should be used in Dubuque. Jim Gonyier indicated that as the BAC went through the process, they were told that Council members wanted guidelines to follow because when the River Point project went through, while they had input from people, there were no guidelines to help guide them in their decision. Commissioner Hardie reiterated that he believes that the scope of the regulations need to be narrow and specific. Jaro Sebek, 994 Mt. Loretta, indicated that he is concerned about the paradigm of green. He reviewed the Solar Shadow Analysis that is used by Boulder, Colorado, including the checklist, and asked whether that was something the ZAC members would consider. Chairperson Bird reviewed the public hearing process for text amendments. He noted that the ZAC does not have the final say, and that it would be wrong for him or the Commission to give direction on whether they would approve a particular type of regulation, such as a Solar Shadow Analysis requirement, without input from other concerned parties through the public hearing process. Mr. Sebek asked if this was something that could be applied for separately from a PUD. Chairperson Bird indicated that yes, anyone could bring forward a text amendment to the ZAC and City Council. Chairperson Bird thanked all of the people in attendance for their discussion and input. ADJOURNMENT: Motion by Smith, seconded by Hardie, to adjourn the meeting. Motion passed unanimously. The meeting adjourned at 7:41 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted