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Minutes Zoning Advisory Commission 4 2 08 THE CTTY OF DUB E D Masterpiece on the Mtssissipp: Q MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, April 2, 2008 6:30 p.m. City Council Chamber, Historic Federal Building 350 W. 6#h Street, Dubuque, Iowa Dubuque ~~ ~r II Zoos PRESENT: Vice-Chairperson Jeff Stiles; Commissioners Ron Smith, Stephen Hardie, Martha Christ, Charles Miller and Dick Schiltz; Staff Members Guy Hemenway and Kyle Kritz. ABSENT: Chairperson Eugene Bird Jr. 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 March 5, 2008 meeting were approved unanimously, as submitted. PUBLIC HEARING\REZONING\KRESS INDUSTRIAL FACILITY (reconsideration): Application of Toby Kress, Kress Industrial Facility (reconsideration) to rezone property located south of Old Highway Road and west of railroad line from County R-1 Residential District to City AG Agricultural District and LI Light Industrial District, in conjunction with annexation. Greg Adams, representing the applicant, Toby Kress, asked the Commission to approve the rezoning of a portion of the Kress property. He said that Mr. Kress had altered the area he wished to rezone adding a 200 foot buffer and evergreen screening to protect the adjacent properties. He said the property has a single access off of Old Highway Road. He discussed the topography of the property and submitted a photo packet. He said that a pipeline bisects the property and would make an ideal dividing line between the residential and industrial zoned property. He stated that residential development is not appropriate next to the railroad. He said there currently is a shortage of Light Industrial property with available railroad access in the City of Dubuque. He discussed the surrounding., land--use and businesses. Minutes -Zoning Advisory Commission April 2, 2008 Page 2 Russell Whalen, 15798 Old Highway Road, Peosta, said that he feels that residential development is not appropriate next to the industrial land use. He said that currently the views from the property only overlook industrial development and the landfill. Beverly Metcalf, 15698 McClain Lane, spoke in opposition to the request. She expressed concerns with traffic, noise and potential pollution. Anna O'Shea, County Zoning Administrator, said that she represents the County Board of Supervisors. She discussed a letter submitted by the Board of Supervisors. She spoke in opposition to the request expressing concerns with traffic, public safety, access safety and noise. She discussed site visibility for traffic at the property access. Commissioner Schiltz asked if the County has an established standard for traffic visibility. Ms. O'Shea said that the standard is between 350 and 400 feet. William Chesterman, 12085 Cottingham Road, submitted a petition signed by neighbors in opposition to the request. He spoke in opposition to the request noting that there is an adequate supply of industrial zoned land within the City of Dubuque. He expressed concerns with traffic safety and access. He said the existing rail spur in the City is not being used. He also expressed concerns with groundwater pollution and quality of life. Joe Vize, 12055 Cottingham Road, said that he has contacted the railroad regarding a rail spur on the subject property. He said representatives of the railroad noted that it would be expensive to extend a rail spur to this property and not likely to be approved. He said that the topography at this location is difficult and that the railroad is ultimately responsible for making the decision to extend a rail spur. He discussed the site characteristics and recommended that the Commission deny the request. Kyle Koontz, 12756 Brentwood Court, said that he represents the neighborhood association for Ward Subdivision located northwest of the proposed rezoning. He spoke in opposition to the request. He said that this area is more appropriate for residential development. He said that he is concerned with property values in the neighborhood and views to the industrial development. Diane Brehm, 12458 Cottingham Road, said the she owns the farm east of the subject property. She expressed concerns with storm water management and erosion from the site. Greg Adams said that storm water will be managed, as per City requirements. He said that the access visibility along Old Highway is greater than the established standards. He said that the property currently does not need a rail spur. He said that much of the area is already industrial and the residential zoning is not appropriate next to the railroad. Minutes -Zoning Advisory Commission April 2, 2008 Page 3 Staff Member Kritz outlined the staff report noting the rezoning history of the property. He reiterated the request and discussed the layout of the site. He discussed the permitted uses in Agricultural, Light Industrial and Single-Family Residential zoning districts. He said that County C-1 is applied to designated flood hazard areas and other drainage areas. The City does not have a comparable zone. He said that site plan review addresses storm water management and traffic safety. He said that the City does have some industrial land banked; however, much of it currently is being developed. He discussed the City's role in industrial land development. He said there is a need for private development for both commercial and industrial land. He said that for all commercial and industrial development, the City reviews traffic management, including site visibility. Commissioner Smith said that he feels the proposed industrial development is too close to the adjacent residential property. He said that because of the extensive grading that will be necessary due to the severe topography and due to the opposition of the County Board of Supervisors; he is opposed to the request. Commissioners Christ and Hardie concurred with Commissioner Smith. Vice-Chairperson Stiles said that the proposed access meets visibility standards for traffic safety and he said he feels confident that the storm water for this site would be adequately managed through the City review process. He said that he intends to support the request. Commissioner Hardie said that he feels the original zoning is still valid. Motion by Christ, seconded by Smith, to approve the rezoning request as submitted. Motion denied by the following vote: Aye -Miller and Stiles; Nay -Smith, Hardie, Christ and Schiltz. PUBLIC HEARINGIREZONINGITHAKKAR: Application of Mahendra & Geeta Thakkar to rezone property located at 2025 Radford Road from OC Office Commercial District to R- 1 Single-Family Residential District. Mahendra Thakkar, 2025 Radford Road, reviewed his request to rezone his property. He said that he would like to rezone the property to a residential district to satisfy demands from his lending institution. Clarence Hermsen, 699 33`d Avenue, Dyersville, said that the Thakkars have no intention of using the property for commercial purposes. He said the current structure is a single- family residence and that is what it will remain. Minutes -Zoning Advisory Commission April 2, 2008 Page 4 Staff Member Hemenway reviewed the previous rezoning request for the property and surrounding zoning and land use. He reviewed the permitted uses in OC Office Commercial and R-1 Single-Family Residential districts. The Commission discussed the request and felt that it was appropriate in light of the adjacent land use and existing residential structure. Motion by Christ, seconded by Smith, to approve the rezoning, as submitted. Motion approved by the following vote: Aye -Smith, Hardie, Christ, Miller, Schiltz and Stiles; Nay - None. ITEMS FROM STAFF: Follow-Up to January 30th Work Session Staff Member Kritz discussed the Bluff land Committee information submitted for the Commission's review. Staff Member Kritz solicited membership for the Airport Zoning Commission. Vice- Chairperson Stiles volunteered to continue as liaison to the Airport Zoning Commission. Staff member Kritz distributed the modified and updated bylaws for Commission review. He asked the Commission to review the information, note any changes they feel are necessary and be prepared to adopt the amended bylaws at the next regular meeting. ADJOURNMENT: The meeting adjourned at 7:30 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted F:\USERSUCmunsonlWP\Boards-CommissionsVACWlinutesVAC Minutes 20081ZAC Min 04_02 08.doc