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Minutes Zoning Advisory Comm 2 20 08THE CITY OF Dubuque UUB E Masterpiece on the Mississippi ~ (I I• Zoos D~~~ MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, February 20, 2008 6:30 p.m. City Council Chamber, Historic Federal Building 350 W. 6th Street, Dubuque, Iowa PRESENT: Chairperson Eugene Bird, Jr.; Commissioners Ron Smith, Charles Miller and Jeff Stiles; Staff Members Kyle Kritz and Wally Wernimont. ABSENT: Commissioners Martha Christ, Stephen Hardie and Dick Schiltz. CALL TO ORDER: The meeting was called to order at 6:30 p.m. by Chairperson Eugene Bird J r. 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 January 2, 2008, meeting were approved unanimously as submitted. ACTION ITEMIPLAT OF SURVEY: Application of City of Dubuque for approval of the Plat of Survey McFadden Farm Place located south of Chavenelle Road and east of Dubuque Industrial Center West. Staff Member Kritz presented the staff report. He explained that this is a plat of survey that will be subdividing off a strip of land that is adjacent to an existing railroad. He indicated that the submitted plat of survey facilitates the construction of a future rail spur. The Commission discussed the request and felt it is appropriate. Motion by Smith, seconded by Stiles, to approve the Plat of Survey McFadden Farm Place. Motion carried by the following vote: Aye -Smith, Bird, Miller and Stiles; Nay -None. PUBLIC HEARINGIREZONINGIKRESS: Application of Toby Kress, Kress Industrial Facility (tabled from January 2, 2008) to rezone property located south of Old Highway Road and west of railroad line from County R-1 Residential District to City R-1 Single-Family Residential District and LI Light Industrial District, in conjunction with annexation. Motion by Miller, seconded by Smith, to bring the agenda item back to the table. Motion carried by the following vote: Aye -Smith, Miller, Stiles and Bird; Nay -None. Minutes -Zoning Advisory Commission February 20, 2008 Page 2 Greg Adams, Remax Realty, spoke representing the applicant, Toby Kress. Mr. Adams explained that this entire site is approximately 75 acres and that the request will rezone approximately 27 acres of the site. He explained that the request is to rezone the 27 acres from County R-1 Residential District to City LI Light Industrial District. The remaining portion of the land will stay as agricultural land to create a buffer from the adjacent agricultural and residential land. Mr. Adams distributed a handout to the Zoning Advisory Commission explaining that the handout is addressing a letter from the Dubuque County Board of Supervisors. He noted that there is only one access to the property off of Old Highway Road. He said that the entrance point will provide plenty of visibility to see oncoming vehicular traffic when entering onto Old Highway Road. He explained that there were two letters of support submitted in the packet from the adjacent industrial properties in favor of the rezoning. He said that the elevation of the land for the light industrial site will change. They will cut into the hillside approximately 35 feet and create a bowl effect which will contain the light industrial. He explained that the property is currently zoned County R-1 Residential and said it is very difficult to sell land for residential development that is next to railroad right of way. Beverly Metcalf, 15693 McClain Lane, Peosta, spoke in opposition to the request. She said that her property borders the west side of the proposed rezoning. She voiced concerns with noise, pollution and traffic. She also expressed concern about the maintenance of an agricultural fence that borders the property. She said that some of the neighbors were not notified of the rezoning request. Staff Member Kritz explained the notification procedure for rezoning requests. Anna O'Shea,'Dubuque County Zoning Administrator, 13047 City View Drive, noted that this request came before the County Board of Supervisors last year. She explained that the Board of Supervisors had concerns with industrial land located next to residential property. She said that the Board also had concerns with noise and traffic and that the Dubuque County Land Use Map shows the area as rural residential. Gary Johnson, 12089 Cottingham Road, said his property is located south of the proposed rezoning. He spoke in opposition to the request. He stated his concerns with the 200 foot notification process. William Chesterman, 12085 Cottingham, Peosta said his property is located across the railroad tracks from the proposed rezoning site. He spoke in opposition to the property being annexed and rezoned. He said he has concerns with site visibility of the driveway access onto Old Highway 20. He said he has concerns with property values and ground water contamination. He also stated concerns with the applicant coming back at a later date and rezoning the remaining land to LI Light Industrial if this application is approved. He distributed a petition with signatures in opposition to the request. Joe Vize, 12055 Cottingham Road, spoke in opposition to the request. He felt there should be no concern with building residential homes next to a railroad. He explained that the land is Minutes -Zoning Advisory Commission February 20, 2008 Page 3 surrounded by County R-1 zoning. He had concerns with runofffrom the property going through a culvert underneath the railroad and onto his property. He explained that a portion of the land is in a conservancy. He said the City should look into whether or not the police can adequately cover the additional land to be annexed. Ryan Burk, 708 Melinda Drive, Peosta, stated that the rezoning of this land from County R-1 Residential to City LI Light Industrial is primarily for rail access. He said that Dubuque currently has a shortage of rail access to properties. He explained the property is bordered by industrial uses, primarily the Apex Concrete Co., Addoco Pallet Co., and the tank farm located across Old Highway Road. He explained that the rezoning is not unreasonable to rezone from County R-1 to City LI. Greg Adams said that the existing pallet company, Addoco, was built in 1991 and that the tank farm has been located at the present site since the 1950s. He explained that the rezoning will not affect the adjacent property values. He explained that there are few properties in Dubuque County that have rail access. He explained that the property will be required to be developed to the City of Dubuque's standards. He said that there is a gas pipeline that transects the property. Chairperson Bird asked how the property was to be rezoned. Mr. Adams said that the proposed rezoning is for light industrial and that the remaining land to the west will be rezoned to agricultural. Commissioner Miller asked if the access road to the propertywill cross the pipeline. Mr. Adams said that the access road will cross over the pipeline. He explained that the pipeline goes diagonally across the entire property. Commissioner Miller asked if screening will be installed. Mr. Adams said that the property borders agricultural land and the railroad and that screening will probably not be necessary. Chairperson Bird asked that the letters from Chad C. Tharer, Apex Concrete and Steve Roddam of Addoco, Inc. be read into the record. Staff Member Kritz reviewed the staff report. He said that the applicant's request was for annexation concurrent with rezoning of the property. He said that it is the responsibility of the Zoning Advisory Commission to review rezoning. He explained that the City Council will hear the annexation and rezoning requests at a future meeting. He explained that the area that had been requested to be rezoned to City R-1 is now being proposed by the applicant to be rezoned to AG -Agricultural District. Chairperson Bird asked about the existing commercial and industrial properties and the elevations in relation to the proposed site. Staff Member Kritz referred to an aerial photo that was included in the packet. He discussed the surrounding land use and the proximityto existing industrial land uses, railroad and adjacent farmland. He explained that City water service is in the process of being extended to the Alter Scrap site to the east of the subject property. He said that whoever develops the property will be required to extend the water main to the site. He said due to the sanitary sewer being a long distance away, property owners would have to work with Minutes -Zoning Advisory Commission February 20, 2008 Page 4 the City's Health and Engineering Departments for installation of temporary septic systems until sanitary sewer can be provided to the sites. Commissioner Stiles discussed that the site is being developed for rail access. He said that there is adequate visibility to see on-coming traffic on Old Highway Road. He discussed that there is adequate buffer between the residential/agricultural land to the west and the proposed light industrial area. Commissioner Miller agreed with Commissioner Stiles and said the City has a need for property with rail access. Commissioner Smith felt that there is a need for a greater buffer. He voiced concerns with the property being rezoned to Light Industrial and having the buffer rezoned a't a later date. Commissioners discussed whether or not a buffer can be permanent. Staff Member Kritz stated that property owners in the State of Iowa have the right to apply for rezoning at any time. Commissioner Stiles said that they need to make it clear in the minutes that the intent is to have the buffer remain. The Commission discussed the buffer land being rezoned to either R-1, AG or Open Space. Mr. Adams said that he has discussed with his client about placing a deed restriction on the land that would be located to the west of the light industrial area to guarantee that it remain a buffer. Commissioner Stiles requested that the area located to the southwest and south be rezoned to Public Open Space. Commissioner Stiles discussed rezoning the buffer land to Public Open Space and Agricultural. Motion by Stiles, seconded by Smith, to approve the rezoning to LI, POS and AG. Motion denied for failure to receive 4 affirmative votes: Aye -Miller, Stiles and Bird; Nay -Smith. PUBLIC HEARINGIREZONINGINCR DEVELOPERS LLC: Application of Martin McNamer/NCR Developers LLC to rezone properly located along Creek Wood Drive (Lot 3 Timber-Hyrst Estates-Phase II) from R-3 Moderate Density Multi-Family Residential to C-2 Neighborhood Shopping Center District. Terry Mozena, 1036 W. 3`d Street, represented the applicant, Marty McNamer/NCR Developers, LLC. He explained that the request is to rezone Lot 3 Timber-Hyrst Estates-Phase II from R-3 to C-2. He explained that the property will provide amenities to the expanding residential subdivision. There were no public comments. Staff Member Kritz presented the staff report. He referred to the Plat ofTimber-Hyrst Estates- Phase II. He explained that the applicant is proposing to rezone the property to C-2 in order to provide services to the residential subdivision. He explained that typically, C-2 zoning is Minutes -Zoning Advisory Commission February 20, 2008 Page 5 adjacent to residential property. He explained the permitted uses that are allowed in a C-2 zoning district. Commissioner Miller said that having commercial business in the area would be a neighborhood amenity. Chairperson Bird said that given the size of the property, itwill limitthe numberof uses that could actually locate on the approximately'/ acre parcel. Mr. Mozena said that the properly will be a community development gathering place for the residential area. Commissioner Stiles referred to a list of permitted uses. The Commission discussed that the gas station would be the only negative impact at this location. Motion by Miller, seconded by Stiles, to approve the rezoning request with the condition that automated gas station and gas station be removed from the list of permitted uses. Motion carried by the following vote: Aye -Smith, Bird, Miller and Stiles; Nay -None. PUBLIC HEARINGIREZONINGIMABREG/EGAN: Application of Mabreg/Karin Egan to rezone property located at 701/707 Davis Street from R-1 Single-Family Residential District to R-2 Two- Family Residential District to accommodate construction of a duplex. Staff Member Wernimont explained that the applicants were not able to attend the meeting due to weather. The Zoning Advisory Commission decided to hear the request There were no public comments. Staff Member Wernimont reviewed the rezoning request. He explained that the current property at 701 Davis Street has two mobile homes located on the site. He explained that the property is non-conforming because: 1) mobile homes are not allowed in an R-1 District; 2) two separate residential units are not permitted on one lot; 3) neither mobile home meets required setbacks; and 4) neither mobile home meets the required off-street parking space. He explained that the applicants had been before the Zoning Board of Adjustment in order to receive approval for setbacks for construction of a duplex at 701 Davis Street. He explained that the Zoning Board of Adjustment has approved the construction of a duplex. He said that the duplex would provide the required amount of off-street parking. He explained the property at 707 Davis Street is a duplex that is zoned R-1 Single-Family Residential District. He explained that historically the property used to be zoned R-2 until 1985 when it was rezoned to R-1. He explained that approval of the rezoning would bring the two properties into conforming status. The Zoning Advisory Commission reviewed the proposed changes to the property, removal of the mobile homes and provisions for off-street parking. Chairperson Bird discussed placing a Minutes -Zoning Advisory Commission February 20, 2008 Page 6 condition that the mobile homes would need to be removed and to preserve as many of the trees on the site as possible. Motion by Bird, Seconded by Miller, to approve the rezoning request with the following conditions: 1) That the mobile homes must be removed from the property; and 2) to preserve as many of the trees as possible on the site. Motion carried by the following vote: Aye -Smith, Miller, Stiles and Bird; Nay -None. PUBLIC HEARINGIAMEND PUD\DUBUQUE TECHNOLOGY PARK: Application ofthe City of Dubuque to amend the Dubuque Technology Park PUD Planned Unit Development with a PI Planned Industrial Designation to revise the list of permitted uses, modify regulations for setbacks, lot coverage and loading docks, and to provide for maintenance assessments for maintaining public areas. David Heiar, Economic Development Director, explained the request to the Commission. He explained that there will be several changes to the Dubuque Technology Park Ordinance. He said that when the Dubuque Technology Park was developed, the City had very little land for industrial and warehousing uses. He said that the City currently has several sites available for industrial and warehousing uses. He discussed eliminating the warehouse and industrial uses from the technology park ordinance and making some other modifications. He explained that the Economic Development Department has met with all the property owners in the Dubuque Technology Park and that they are in favor of the proposed amendment to the ordinance. Commissioner Stiles asked about available land for warehousing and industrial uses throughout the City. Staff Member Heiar explained that there is available land in the Dubuque Industrial Center West and the development of the North Siegert Farm site. Brian Arnold, 10356 Lake Eleanor Road, voiced concerns with the existing storm water detention basin located in the Dubuque Technology Park property and the lack of a bike/hike trail that has not yet been built. Staff Member Heiar rebutted, explaining the plan does include a walking and biking path that will go around the Technology Park. He said that it is part of the five-year Capital Improvement Plan. He explained that he is not aware of issues with the storm water detention basis. Staff Member Kritz presented the staff report. He explained that awalking/hiking trail is part of the Dubuque Technology Park plan. He discussed the proposed changes to the Ordinance. He also explained that some industrial uses have been eliminated from the Technology Park. He said that licensed childcare centers have been added and that the PUD will be split into two zones known as Zone A and Zone B. He explained that in Zone B, retail, drycleaners, banks and automated banks located within a main building onlywould be allowed. He said stand alone restaurants would be allowed in Zone B. He explained that they have removed the requirement for lot sizes and street frontages. He explained that they have changed the maximum lot coverage from 75% to 80% and have removed the building height requirement. He explained Minutes -Zoning Advisory Commission February 20, 2008 Page 7 that some of the rear yard setbacks along the east side of the park have been changed from 100 feet to 25 feet. He said that performance standards and covenants have been added to the Ordinance. He explained that they have removed the exterior storage allowance for properties in the area. The Commission was in support of the proposed amendments to the PUD. Commissioner Miller indicated that the increased amenities, especially a restaurant, for the Technology Park is a great idea. Motion by Smith, seconded by Miller, to approve the rezoning as submitted. Motion carried by the following vote: Aye -Miller, Stiles, Smith and Bird; Nay -None.. ITEMS FROM COMMISSION: The Commission discussed that they are excited about the possibility of creating a new neighborhood commercial district for new subdivisions similar to the McNamer request. They discussed allowed uses in a C-2 zoning district. They recommended that staff begin adding this into the Unified Development Code to encourage these neighborhood commercial areas. ADJOURNMENT: The meeting adjourned at 8:30 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted F:IUSERS\KmunsonlWPlBoards-Commissions~ZAClMinuteslZAC Minutes 20081ZAC Min 02 06 08.doc