Minutes Zoning Advisory Commission 3 5 08THE CITY OF
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ZONING ADVISORY COMMISSION
REGULAR SESSION
Wednesday, March 5, 2008
6:30 p.m.
Orpheum Room, Five Flags Civic Center
4th & Main Streets, Dubuque, Iowa
PRESENT: Chairperson Eugene Bird, Jr.; Commissioners Ron Smith, Stephen Hardie,
Martha Christ, Charles Miller and Jeff Stiles; Staff Members Laura Carstens,
Guy Hemenway and Kyle Kritz.
ABSENT: Commissioner Dick Schiltz.
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 January 30, 2008 and February 20, 2008 Zoning Advisory
Commission meetings were approved unanimously, as submitted.
PUBLIC HEARINGIREZONINGIRAINBO OIL: Application of Rainbo Oii Company to
rezone property north of the intersection of University Avenue & Asbury Road from R-1
Single-Family Residential District to C-2 Neighborhood Shopping Center District.
Ken Buesing, Buesing 8~ Associates, introduced Jill Reimer, representing Rainbo Oil
Company. He distributed an aerial photo and noted that the rezoning is necessary for
redevelopment of the property. He said the existing building will be demolished and
replaced with a new building. He said a meeting had been held with the neighbors and that
everyone appeared to be satisfied with the proposed project.
Jeanne Herkus, 1570 Irving Street, said she is concerned with the hours of operation of the
business, drainage from the site and the potential for increase in traffic along Irving Street.
She felt that there is a potential conflict between the development and the proposed
reconstruction of Asbury Road.
Mr. Buesing displayed a rendering of the back side of the proposed building from the Irving
Street perspective. He said the drive thru and a service entrance will be located on the
back side of the building. He said that storm water detention will be provided as per City
standards. Jill Reimer said that the former business was open 24 hours a day and that the
Minutes -Zoning Advisory Commission
March 5, 2008
Page 2
Dairy Queen will not operate after 11:00 p.m. She said the site design insures that the
auto headlights will be confined to the lot because of the alignment of the access drive.
She said there will be heavy truck delivery around the back of the building one or two times
per week.
Mr. Buesing said that the additional turning lane proposed for future Asbury Road
reconstruction will improve traffic circulation at the intersection.
Commissioners discussed the building design. Commissioner Hardie asked if the Dog
House would utilize the parking lot. Ms. Reimer said that the Dog House will use a portion
of the parking area.
Staff Member Kritz outlined the staff report. He said that the area has been zoned
commercial and residential for quite some time. He discussed permitted uses in the C-2
District, adjacent uses, setbacks and screening and light requirements. He discussed the
proposed Asbury Road reconstruction and local traffic flow. He said that there will be two
driveway accesses from the proposed site; one to Asbury Road and one to University
Avenue.
Chairperson Bird asked about screening and lighting requirements. Commissioner Smith
said that it would be advisable to block the access to the lower drive after hours.
Commissioners felt that additional screening should be located along the top of the drive
through and along the top of the slope. Commissioners Hardie and Miller expressed
concern with screening and security issues for the back of the building. Commissioner
Stiles said that the extra turning lane will help improve traffic flow in the area and that
screening and security measures should alleviate the concerns raised by the neighbor.
Motion by Christ, seconded by Stiles, to approve the rezoning with the following conditions:
1) The back access drive area be blocked to vehicular traffic after close of
business; and
2) That screening be provided at the rear of the building sufficient to screen
vehicles using the drive through and access drive from the adjacent residential
properties.
Motion carried by the following vote: Aye: Smith, Hardie, Christ, Miller, Stiles and Bird;
Nay -None.
PUBLIC HEARINGIREZONING\WALTER ~ ZOELLNER: Application of Charles Walter,
Jr. 8~ Barbara Zoellner to rezone property located at 216 Clarke Drive from R-2 Two-Family
Residential District to R-3 Moderate Density Multi-Family Residential District.
Minutes -Zoning Advisory Commission
March 5, 2008
Page 3
Doris Hingtgen, representing Charles Walter and Barbara Zoellner, stated that the rezoning
is necessary to enable the applicants to convert the existing single-family home to a 7 room
bed and breakfast inn.
Staff Member Hemenway reviewed the request noting the location of the property, the
number of rooms within the proposed bed and breakfast and parking requirements. He
reviewed the surrounding land use and zoning and noted that there is adequate off-street
and on-street parking for the proposed facility. He stated that the Zoning Board of
Adjustment had approved a conditional use permit for the bed and breakfast contingent
upon rezoning, historic designation, and requiring an on-site manager.
Commissioner Miller questioned the square footage of the home, as it relates to bed and
breakfast requirements. Staff Member Hemenway clarified the requirement.
Commissioners stated that they have no objection to the request.
Motion by Smith, seconded by Christ, to approve the rezoning request, as submitted.
Motion carried by the following vote: Aye -Smith, Hardie, Christ, Miller, Stiles and Bird;
Nay -None.
PUBLIC HEARINGITEXT AMENDMENTICITYOFDUBUQUE: Application of the City of
Dubuque to amend the Zoning Ordinance for the Regulation of Adult Entertainment
Establishments.
Laura Carstens, Planning Services Manager, outlined the City's request to increase the
separation requirement for adult entertainment establishments. She discussed the existing
adult entertainment establishment moratorium and said that modifying the adult
entertainment regulations has been identified as part of drafting the new Unified
Development Code for the City. She said that staff felt it was necessary to strengthen the
regulations to address the secondary negative impacts created by adult entertainment
establishments. She discussed four studies provided in the agenda packet from the cities
of Los Angeles (1977), Phoenix (1979), Minneapolis (1980) and Indianapolis (1984). She
said that these studies clearly demonstrate that when adult entertainment establishments
cluster, there is an increase in crime and a decrease in property value.
She noted the Zoning Ordinance has definitions for adult entertainment establishments and
the current separation requirements. She discussed the variety of separation requirements
for cities within the region. She stated that each city's unique character may dictate its
separation requirements. She discussed the maps provided in the packet and the total
land area that will be available for adult entertainment establishments before and after the
text amendment. She said that if the text amendment is approved, there still will be
adequate area for adult entertainment establishments to locate.
Minutes -Zoning Advisory Commission
March 5, 2008
Page 4
Commissioner Smith asked if more than one adult entertainment establishment could
locate in the eligible areas remaining after the increase in separation. Staff said they
could not determine that because the maps were not drafted at a standard scale, but that
staff would provide that information to the City Council.
Staff Member Hemenway noted that the intent of the text amendment is not to limit
freedom of expression, as articulated in the First Amendment of the Constitution. He said,
the compelling public interest in increasing the separation is to mitigate the secondary
negative impacts that have been clearly demonstrated by the studies referenced in the
staff report.
The Commission discussed the request and felt that the demonstrable secondary negative
impacts warranted an increase in the separation requirement.
Motion by Hardie, seconded by Smith, to approve the text amendment, as submitted.
Motion carried by the following vote: Aye -Smith, Hardie, Christ, Miller, Stiles, Bird; Nay -
None.
ITEMS FROM PUBLIC: Nicole Ehlinger, Remax Realty, asked the Commission to
reconsider the Kress rezoning application, because only four Commissioners were present
at the February Zoning Advisory Commission meeting.
Commissioners discussed the request. Commissioner Smith, the Commissioner that was
the single prevailing vote at the February meeting, agreed to ask for reconsideration of the
rezoning request, provided notices were sent out and a public hearing was held.
Motion by Smith, seconded by Stiles, to reconsider the Kress rezoning application at the
April 2, 2008 Zoning Advisory Commission meeting. Motion carried by the following vote:
Aye -Smith, Hardie, Christ, Miller, Stiles and Bird; Nay -None.
ADJOURNMENT: The meeting adjourned at 7:45 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted
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