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Minutes Zoning Advisory Commission 7 18 078THE CITY OF Dubuque DUB E D a I I, Masterpiece on the Mississippi I xom MINUTES ZONING ADVISORY COMMISSION SPECIAL SESSION Wednesday, June 18, 2008 6:30 p.m. City Council Chamber, Historic Federal Building 350 W. 6th Street, Dubuque, Iowa PRESENT: Vice-Chairperson Jeff Stiles; Commissioners Ron Smith, Stephen Hardie, Martha Christ and Charles Miller; Staff Members Kyle Kritz and Guy Hemenway. ABSENT: Commissioner Dick Schiltz. AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying that the meeting was being held in compliance with the Iowa Open Meetings Law. CALL TO ORDER: The meeting was called to order at 6:30 p.m. MINUTES: The minutes of the May 7, 2008 meeting were approved unanimously as submitted. ACTION ITEMIPLAT OF SURVEY: Application of Kevin Wade for approval of the Plat of Survey of Park View No. 2 located at 2290 Shiras Avenue. Kevin Wade, 2290 Shiras Avenue, said that he wants to build a garage at the back of his property. He said that he would like to demolish an existing deteriorated structure and replace it with a new structure located further back on the lot. He said repositioning the structure would preserve the view. Staff Member Kritz discussed the request noting that, although the lot would be substandard because of lack of frontage, the problem would be eliminated when the lot was consolidated. He recommended approval. Commissioners discussed the request and felt that it was appropriate. Motion by Hardie, seconded by Miller, to approve the request subject to waiving lot frontage requirements for Lot 1 and 2 and lot area for Lot 1. Motion carried by the following vote: Aye -Smith, Hardie, Christ, Miller and Stiles; Nay -None. Minutes -Zoning Advisory Commission June 18, 2008 Page 2 ACTION ITEMIPLAT OF SURVEY: Application of Kevin Wade for approval of the Plat of Survey of Lot 1 of Park View No. 3 located at 2290 Shiras Avenue. Kevin Wade, 2290 Shiras Avenue, deferred any additional commentary. Staff Member Kritz said the plat represents a lot consolidation that is compliant regarding lot area and frontage. He recommended approval of the plat. Commissioners discussed the request and felt it was appropriate. Motion by Hardie, seconded by Miller, to approve the Plat of Survey of Lot 1 of Park View No. 3 as submitted. Motion carried by the following vote: Aye -Smith, Hardie, Christ, Miller and Stiles; Nay -None. PUBLIC HEARINGIREZONING: Application of Dubuque Property Management LLC to rezone property located at 2635-2635'/2 University Avenue from R-1 Single-Family Residential District and R-2 Two-Family Residential District to PR Planned Residential District. Ken Buesing, Buesing & Associates, stated that he represents Dubuque Property Management LLC. He reviewed the existing zoning and existing number of dwelling units on the subject property, noting that at the peak there was 13 mobile homes and a duplex at this location. He distributed photos of the existing dwellings on the site. He reviewed the proposed PUD and stated the reasons why PUDs are established. He noted that the Zoning Board of Adjustment had approved a 0.9 acre PUD when a minimum of 2 acres is required. He reviewed the previous zoning request, noting that he had met with neighbors and received a number of comments. He said neighbors expressed concerns about traffic and access to the site. He discussed traffic generation numbers for the existing development and the proposed development. He noted that the site would comply with City storm water and erosion control requirements. He reviewed traffic accident data for the University Avenue and Van Buren Street intersections. He said redevelopment of the property will improve the area. Commissioner Hardie asked what was approved by the Zoning Board of Adjustment. Mr. Buesing stated that the Board approved a variance to allow a 0.9 acre PU D rather than the 2 acre minimum required. Commissioner Smith inquired about the number of units and the number of garages for the proposed development. Mr. Buesing said that the duplexes along UniversityAvenue would be two stories and have garages below. He said that the four plexes would have surface parking only. He submitted an elevation of the four plexes. Minutes -Zoning Advisory Commission June 18, 2008 Page 3 Commissioner Smith asked how many bedrooms the units would have. Mr. Buesing said that the duplexes would have three bedrooms and that the four plexes would have two to three bedrooms. Commissioner Stiles asked if trees would be removed, and if so, would they be replaced. Mr. Buesing said that a landscape plan had not been prepared, but would be required as part of the site plan review process. Commissioner Smith asked if the applicants had explored other access options, including direct access to University Avenue. Mr. Buesing said that several options had been reviewed for access to the site. Greg Prehm, Dubuque Properties LLC, said that they have reviewed several different access options; however, they felt that the City was more comfortable with the Beverly Street access versus the University Avenue access. Mike O'Meara, 105 Kathy Lane, Mt. Prospect, Illinois, said that he represents some of the neighbors adjacent to the proposed rezoning. He stated that traffic currently is split between the University Avenue and Beverly Street accesses and that the proposal would shift all of the University traffic to Beverly Street. He said the Beverly Street -Van Buren Avenue intersection is dangerous. He noted that the plan did not indicate any landscaping. He said that PUDs require two or more acres and he did not agree that the variance should have been granted fora 0.9 acre PUD. He stated that the density for this development is too intense for the neighborhood and that PUD requirements are not being met as they regard the impacts to the adjacent residential properties. Donald O'Meara, 2631 Nebraska Street, said that he is opposed to the rezoning because of traffic safety concerns. He said that the new Irving School driveway enables school traffic direct access to Nebraska Street and that this has increased traffic volume considerably. He expressed concerns with snow removal and lack of green space. He said the traffic access should be directed to University Avenue and not Beverly Street. He expressed concerns about storm water management and emergency vehicle access to the site. He said that he had 86 names on a petition in opposition to the development. Tori O'Meara, 2629 Nebraska Street, stated that access from the subject property driveway empties directly onto the street in front of her house. She said she is concerned that the site does not have adequate play area for children or emergency vehicle access. Mary Kass, 2617 Van Buren Street, voiced concerns with traffic as it affects the safety of children in the neighborhood. She said that there are a number of near-miss accidents that do not get reported. She presented a petition of those neighbors in opposition to the project. Minutes -Zoning Advisory Commission June 18, 2008 Page 4 Carol Steckel, 2645 UniversityAvenue, stated that she is opposed to the request because she does not feel that the applicants will maintain their property. She presented photos of other properties within the city she said were owned by the applicants. Audrey Yarnell, 2653 University Avenue, stated she is opposed to the development because of the dramatic increase in density. She said that University Avenue is very busy and that is why the applicants are proposing to eliminate the University Avenue access. Bruce Schaal, 2765 Beverly Street, expressed concerns with traffic safety especially at the intersection of Van Buren Street and University Avenue. He said that during heavy snows, Beverly Street is reduced to one lane. David Jansen, 2637 Van Buren Street, expressed concerns with increased density and traffic safety. He said that he feels the property should remain R-1 Single-Family Residential. Dave Lau, 2633 Van Buren Street, said he is opposed to the project because of density and traffic safety. He said that the traffic generated by Irving School and the Dubuque Dance Studio already creates problems along UniversityAvenue and Nebraska Street. He said that he does not feel that a development with 18 units is compatible with the neighborhood. Joseph Blasen, 2635 Van Buren Street, stated he feels that there is not enough green space for a project of this size. Mark Welbes, 2648 University Avenue, said he feels that the project is not compatible with the adjacent properties because many are homeowners and that the people in this development would likely be renters and would not maintain their dwellings. He said that that there is not adequate green space for this project. Ken Buesing stated that the neighbors' comments reflect those expressed at a neighborhood meeting that the applicants had conducted. He noted that the access drive had been modified to place four additional units on the southwest driveway to eliminate some of the traffic at the intersection of Van Buren Avenue and Beverly Street. He noted that Scott Neuwhoner had been working very hard to maintain his existing properties. He said if the site was built to R-2 standards 14 units could be built there. He said that the developers have discussed platting the properties so that the dwellings could be sold individually. He said that redevelopment of the antiquated trailer park, which atone time had 13 mobile homes and a duplex, is appropriate. He said that density in the past has mirrored that of the proposed project. Greg Prehm stated that there is a need for more upscale apartments on the hill and the west side of Dubuque. He said he has no intention of turning this project into low-income housing. Minutes -Zoning Advisory Commission June 18, 2008 Page 5 Staff Member Hemenway reviewed the staff report. He noted staff's concerns with the existing access points and the existing cut-through gravel drive. He reviewed howthe site could be developed under existing zoning. He said that staff had concerns with standard residential development because cars could back from driveways directly on to both Beverly Street and University Avenue. He discussed trip generation figures based on the Institute of Transportation Engineers data. He discussed density as it relates to the existing development, past development and the proposed development. He reviewed site plan requirements including storm water management, traffic safety and emergency access. He noted that screening would be required between the proposed development and the adjacent residential properties. He said that fire access was adequate because the fire trucks would be within 150 feet of any of the structures along the UniversityAvenue and Beverly Street/Van Buren Avenue frontages. He reviewed the parking plan and City parking requirements based on the number of proposed units. He discussed the setbacks indicated on the conceptual development plan and noted the existing setbacks of residential structures. He read the criteria and standards for Planned Unit Developments. Commissioner Smith stated that, although storm water management would be addressed at the site plan review, he did not feel that there is adequate room to detain storm water for this project. Commissioner Hardie said that he believes that the proposal is very intense relative to the adjacent residential development. He said he is concerned with traffic safety at the access to Beverly Street. He said he is concerned that the four plexes do not have garages and that he feels the entire site should provide more off-street parking. He said he is disappointed that there is not more green space available on the site. He said he would have problems approving the plan, as submitted. Commissioner Smith inquired about the Zoning Board of Adjustment's approval of the variance for the 0.9 acre PUD. Staff Member Kritz reviewed the Zoning Board of Adjustment action stating that they simply reviewed the request in terms of the PUD size; they did not review traffic safety and other issues as that was not within their authority. Chairperson Stiles noted that existing zoning would allow for similar vehicular volume levels and that the proposed density would not be not much greater than it was in the past. He said that the past season's record snowfall affected all vehicular circulation in the City and that he does not consider that a relevant issue. He said that he cannot, however, support the request because of the problematic traffic interface at the intersection of Beverly Street and Van Buren Avenue, and because of the lack of overall green space. Commissioner Miller said that he concurred with the previous Commissioners in that there are too many units and not enough green space for this site. He said that he likes the plan, in general; however, the density and access to City streets are problematic. Minutes -Zoning Advisory Commission June 18, 2008 Page 6 Commissioner Christ concurred with the other Commissioners stating that there needs to be more green space and off-street parking before she can support this proposal. Commissioner Smith said that he also concurs with the other Commissioners and noted concerns with storm water management, lack of green space and parking. Motion Christ, seconded by Smith, to approve the rezoning request, as submitted. Motion denied by the following vote: Aye -None; Nay -Smith, Hardie, Christ, Miller and Stiles. PUBLIC HEARINGIAMEND PUD: Application of DuTrac Community Credit Union to amend the PUD Planned Unit Development District located at 3465 Asbury Road to change vegetative screen to vinyl fencing. Tom Anderson, Senior Vice President of Operations for DuTrac Community Credit Union, discussed his submittal. He distributed photos of the fence and stated that they were not drawn to scale. He said he met with neighbors and discussed their concerns. He said that DuTrac was being proactive regarding security for their facility. He said that they would like to level the berm and place a fence at street level, leaving a 6 inch gap below the fence for visibility and security purposes. Vice-Chairperson Stiles asked if the fence could be softened with additional vegetation. Mr. Anderson stated that it was a maintenance issue and there may not be enough room to place both fence and vegetation in the allotted space. Commissioner Miller asked if additional trees and shrubs could be placed in nodes along the fence. Staff Member Kritz noted that two letters of opposition to the proposed fence had been submitted by neighbors. He discussed aerial photos of the site detailing the proposed fence and existing landscaping. He discussed the life cycle of arborvitae noting that the size of the plants relative to the berm they are planted in may restrict the volume of water needed to maintain healthy plants. He discussed the potential for additional landscaping to soften the fence. Commissioner Hardie said that City staff could specify additional landscaping. Staff Member Kritz said that that the City Council probably prefers specific recommendations from the Commission. Commissioners asked if Mr. Anderson would consider tabling his request and submitting a revised landscape plan that shows additional plantings along the fence to soften its appearance. Mr. Anderson agreed to table his request and resubmit a landscape plan for the fence. Motion by Hardie, seconded by Smith, to table the request to amend the PUD. Motion carried by the following vote: Aye -Smith, Hardie, Christ, Miller and Stiles; Nay -None. Minutes -Zoning Advisory Commission June 18, 2008 Page 7 PUBLIC HEARINGITEXT AMENDMENT: Application of City of Dubuque to amend the Dubuque Industrial Center West PUD Planned Unit Development Sign Regulations to allow primary signs to identify products or services. Staff Member Hemenway reviewed the proposed text amendment to allow primary signs to identify products or services noting that the amendment is similarto whatwas approved for the Dubuque Industrial Center. He said that, for consistency, the City is recommending that the same sign regulations be applied to the Dubuque Industrial Center West. He noted that the number, size and total amount of signage would not be changed. He referenced a letter of support submitted by the Greater Dubuque Development Corporation. The Commission discussed the request and felt it was appropriate. Motion by Smith, seconded by Christ, to approve the text amendment as submitted: Motion carried by the following vote: Aye -Smith, Hardie, Christ, Miller and Stiles; Nay - None. PUBLIC HEARINGITEXT AMENDMENT: Application of Cottingham & Butler to place a freestanding sign along the Main Street frontage in a C-5 zoning district. Marty Johnson, Straka Johnson Architects, reviewed the request, noting that the building formerly had multiple tenants, but now it has a single building owner. He noted that changes to the exterior of the building would make it difficult to install a standard wall- mounted sign on the facade. He said that the text amendment would allow a 5 foot by 10 foot ground-mounted monument style sign that would be in concert with the building style. He said that the amendment would apply to properties between 9th & 11th Streets. Staff Member Hemenway reviewed the regulations for free-standing signs in the C-5 zoning district. He reviewed the location of the right-of-way and the public right-of-way easements along the Main Street frontages. He noted that the amendment would apply to properties from 8th to 10th Streets along the Main Street frontage. He reviewed the proposed amendment language. He stated that, if approved, the sign would require additional approval by the City Engineering Department for utilities locations, traffic and pedestrian safety, and by the City Council for use of a public right-of-way easement. Commissioner Miller reiterated the additional steps necessaryforapproval. Commissioner Hardie asked if any business in the specified area could erect a sign. Staff Member Hemenway stated that if reviewed and approved by City Engineering, and approved by the City Council, they could. Commissioner Hardie stated that he does not object to the sign proposed by Cottingham & Butler, but he is concerned with the precedence which may allow signs along the entire Minutes -Zoning Advisory Commission June 18, 2008 Page 8 Main Street frontage. He said he felt other C-5 property owners will ask for similar amendments and similar signage in front of their businesses. Commissioner Miller asked if the City could remove a structure that was deemed a problem. Staff Member Hemenway reviewed the revocable and non-revocable license procedure for placing structures on City property. Commissioner Smith questioned the process City Engineering would follow when reviewing a request. He said that if other property owners in the C-5 District south of 8t" Street would want to place a sign, they also would have to apply for a text amendment. He said he believes that the criteria established are stringent enough that it will limit the number of potential signs along the Main Street frontage. Commissioner Hardie said that he believes that other businesses will also want a sign along Main Street and that the Commission could open Pandora 's Box allowing free- standing signs in the right-of-way for this entire area. Vice-Chairperson Stiles said that he believes that there are sufficient safeguards in place, and that an additional text amendment would be required for any signage proposed south of 8th Street. Motion by Smith, seconded by Christ, to approve the amendment allowing freestanding signage along Main Street frontage in a C-5 zoning district. Motion carried by the following vote: Aye -Smith, Christ, Miller and Stiles; Nay -Hardie. ITEMS FROM COMMISSION: Vice-Chairperson Stiles requested the Election of Officers be moved to this evening's meeting. Commissioners felt that it would be more appropriate to wait for the next regular meeting when the two new Commissioners will be present. Commissioner Miller asked if staff would research regulations for wind generators on residential and commercial properties. Staff Member Kritz said that these regulations are being researched as part of the rewrite of the Zoning Ordinance and creation of the Unified Development Code. ADJOURNMENT: The meeting adjourned at 9:00 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted F:\USERSUCmunson\WP\Boards-CommissionsVACUVIinutes\ZAC Minutes 2008\ZAC Min O6 18 08.doc