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Minutes Zoning Advisory Commission 5 7 08THE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 MINUTES ZONING ADVISORY COMMISSION WORK SESSION Wednesday, May 7, 2008 6:30 p.m. City Council Chamber, Historic Federal Building 350 W. 6th Street, Dubuque, Iowa PRESENT: Chairperson Eugene Bird Jr.; Commissioners Jeff Stiles, Stephen Hardie, Charles Miller and Dick Schiltz; Staff Members Tim O'Brien, Laura Carstens, Kyle Kritz and Guy Hemenway. ABSENT: Commissioners Martha Christ and Ron Smith. 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 April 2, 2008, meeting were approved unanimously as submitted. PUBLIC MEETING: Bluffland Advisory Committee Presentation/Review of Draft Ordinance Chairperson Bird asked fora presentation by the Bluffland Advisory Committee representatives. Lou Oswald, 1080 Nowata Street, introduced himself as a representative of the Bluffland Advisory Committee. He outlined the Committee's history and asked that the Zoning Advisory Commission review and discuss the final recommendations drafted by the Bluffland Advisory Committee. Mr. Oswald outlined priority areas and an overlay district for bluffland preservation. He said that the proposed regulations were applicable to parcels of land of 15,000 square feet or greater and for new construction. John Brennan, 1432 S. Grandview, offered to answer any questions the Commission had. He said that the Bluffland Advisory Committee felt strongly that bluffs must be protected because they represent a unique and defining characteristic for the City of Dubuque. He Minutes -Zoning Advisory Commission May 7, 2008 Page 2 said without current topographic maps, it is difficult to identify the lots that will be affected by the proposed regulations. He recommended that the proposed regulations be incorporated into the planned unit development standards. Commission/Committee Discussion Chairperson Eugene Bird Jr. asked that the discussion be moved back to the table. Commissioner Hardie said that his opinion had not changed regarding bluff regulations. He said he feels that the Bluffland Advisory Committee is attempting to overregulate. He said he feels that these regulations were drafted in response to two large PUDs and that he is not aware of any other substantial development proposed for the bluff area. He said he understood the Committee's desire to protect the bluffs, but that common sense should prevail and the City should not get bogged down in overregulation. Mr. Oswald stated that he feels the direction from the Zoning Advisory Commission, at their last meeting, was to have the Bluffland Advisory Committee craft moderate regulations for bluff protection. He discussed the recommendation to protect trees of over 12 inches in diameter at four feet in height from being removed from the bluffs. Commissioner Hardie asked why trees on private property needed to be protected. Mr. Oswald said it was a matter of aesthetics. Mr. Oswald discussed proposed setback and building height regulations for bluffland area. Commissioner Hardie said he still feels that many of the regulations stemmed from personal preferences and aesthetics which, he said, are subjective. He questioned why new principal buildings are regulated and accessory structures are not. Commissioners and Committee members discussed different regulations for principal and accessory buildings. Commissioner Miller asked for clarification regarding property owners' ability to rebuild a structure within the existing footprint of the former structure and how that affects nonconforming status. Assistant City Attorney Tim O'Brien clarified the nonconforming status of buildings and how they could be rebuilt within the proposed bluffland area. Commissioner Miller questioned what the Bluffland Advisory Committee was trying to protect. Mr. Oswald referenced the Comprehensive Plan and stated that one of the principal goals of the plan is to protect and preserve bluffland area and scenic vistas. He said that future development on the bluffs should be compatible with the scale of existing development. Commissioner Hardie asked Mr. Brennan and Mr. Oswald if there was any current architecture on the bluff that they deemed objectionable. Neither Mr. Oswald nor Mr. Minutes -Zoning Advisory Commission May 7, 2008 Page 3 Brennan identified any structure. Mr. Brennan said that the Bluffland Advisory Committee's intent was to protect the existing tapestry of development from future large-scale development. Commissioner Hardie recommended that the Bluffland Advisory Committee craft PUD regulations to limit the size and height of development within the defined bluff area. He said that PUD regulations could be crafted that were more stringent that the existing underlying zoning district regulations. Mr. Oswald said that the Bluffland Advisory Committee's challenge is to move forward with balanced regulations for bluff protection in an attempt to be good stewards of the land. Commissioner Schiltz said that he feels the proposed regulations just represent another layer of beauracracy, and that they had been crafted in reaction to two proposed large developments. He said that he is not in favor of additional regulation. Mr. Oswald left the meeting at 7:05 p.m. Commissioner Stiles said that the bluffs are beautiful, but that beauty and aesthetics are relative. He said he feels that the large historic residential architecture that lines the bluffs is a large part of what makes them attractive. He said that modified PUD regulations could still insure that large scale development is done in a sensitive manner. He said that he would not want to be prohibited from removing a tree from his own property along the bluff. He said that he agrees with the other Commissioners that PUD regulations would be more effective in protecting and preserving the bluff. Commissioner Miller said that he feels these regulations represented an erosion of private property rights. He said that large structures built along the bluff's edge provide an amenity to the city and make Dubuque a tourist destination. Chairperson Bird recommended that the Bluffland Advisory Committee craft PUD guidelines with less stringent language than outlined in the recommendations provided to the Commission. He said that any regulations would be subject to City Council review and that sometimes tough decisions have to be made regardless of what regulations are in place. Commissioner Stiles recommended that the Bluffland Advisory Committee craft PUD regulations for large scale development and resubmit them to the Zoning Advisory Commission. Mr. Brennan said that if common sense guidelines were put in place, property owners and developers could undertake projects without the need for a PUD rezoning. He said he will Minutes -Zoning Advisory Commission May 7, 2008 Page 4 take the Zoning Advisory Commission's recommendations back to the Bluffland Advisory Committee for their review. Commissioners thanked the Bluffland Advisory Committee for their work. ITEMS FROM STAFF: Approve Revised Bylaws Staff Member Kritz discussed the revised Bylaws and asked if the Commissioners recommended any additional changes. The Commission discussed the bylaws and felt that they were appropriate, as amended. Motion by Hardie, seconded by Stiles, to approve the amended Zoning Advisory Commission Bylaws. Motion carried by the following vote: Aye -Miller, Hardie, Schiltz, Stiles and Bird; Nay -None. ADJOURNMENT: The meeting adjourned at 7:30 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted F:\USERS\Kmunson\WP\Boards-Commissions\ZACWIinutesVAC Minutes 2008\ZAC Minutes 05_07_08.doc