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Minutes Zoning Advisory Comm 7 2 08THE CITY OF OgbUQUe DUB E ~ a I I, Masterpiece on the Mississippi I I zoos MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, July 2, 2008 6:30 p.m. City Council Chamber, Historic Federal Building 350 W. 6th Street, Dubuque, Iowa PRESENT: Vice-Chairperson Jeff Stiles (by conference call); Commissioners Ron Smith, Stephen Hardie, Martha Christ, Charles Miller, Patrick Norton and Tom Henschel; Staff Members Laura Carstens, Kyle Kritz, Tim O'Brien and Guy Hemenway. ABSENT: None. 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 6:33 p.m. MINUTES: The minutes of the June 18, 2008 meeting were approved unanimously as submitted. ELECTION OF OFFICERS: The Commission appointed Jeff Stiles as Chairperson, Charles Miller, Vice-Chairperson and Martha Christ, Secretary. The vote for all three Commissioners was unanimous. Chairperson Stiles asked that Vice-Chairperson Miller conduct the meeting as he was participating by phone. ACTION ITEMIPLAT OF SURVEY: Application of James Riedl for approval of the Plat of Survey of Riedl Place located at 2461 Kerper Boulevard. The applicant was not in attendence. Staff Member Kritz outlined the staff report noting the lot configuration. He said that Lot 2 is substandard in that it does not have the required 50 feet of lot frontage along Kerper Boulevard. He recommended approval of the plat. Commissioners felt that the plat was appropriate. Minutes -Zoning Advisory Commission July 2, 2008 Page 2 Motion by Hardie, seconded by Christ, to approve the Plat of Survey of Riedl Place subject to waiving lot frontage for Lot 2. Motion carried by the following vote: Aye -Smith, Hardie, Christ, Norton, Miller, Henschel and Stiles; Nay -None. ACTION ITEMIFINAL PLAT: Application of English Ridge LLC for approval of the Final Plat of English Ridge Subdivision located on Stone Valley Drive. Tom Althoffer, Buesing & Associates, represented English Ridge LLC and offered to answer any questions. Staff Member Kritz said that the submitted final plat is being reviewed by the Commission again because there have been some changes since the Commission reviewed Phase 1 of English Ridge Subdivision at their December 2007 meeting. Staff Member Kritz indicated that he had just received the updated plat this afternoon and provided copies to the Commission. He said that the number of lots had been reduced from what was originally approved and that the 30,000 square foot park on the original plat had been removed. He said that the applicant's engineer has indicated that a park would be added in a portion of Lot K. He said, otherwise, the plat is in substantial compliance with the previously submitted plat. Commissioner Hardie recommended that the request for the plat be tabled until the applicant could attend to confirm the park area and location. Tom Olthafer stated that the park would be located south of Lot A in what is now Lot K. The Commission discussed the subdivision layout. Mr. Olthaffer said that the park would be dedicated in the second phase of the development. Commissioner Smith expressed concerns with tabling the request stating that it would create a 6 to 8 week delay for the project. He stated that he is confident that Mr. McDermott, English Ridge LLC, will follow through with the project in good faith. Staff Member Kritz noted that preliminary grading can be undertaken prior to final plat approval. Commissioners discussed the request and felt that tabling the request until the park area question can be answered is advisable. Motion by Hardie, seconded by Christ, to table the request until the next regularly scheduled Zoning Advisory Commission meeting. Motion carried by the following vote: Aye -Smith, Hardie, Christ, Norton, Miller, Henschel and Stiles; Nay -None. ACTION ITEMIFINAL PLAT: Application of John Herrig for approval of the Final Plat of Serenity Ridge located on Derby Grange Road. Minutes -Zoning Advisory Commission July 2, 2008 Page 3 John Herrig, 13668 Surrey Lane, stated that the Final Plat for Serenity Ridge complies with City requirements. He requested approval of the final plat. Staff Member Kritz discussed the final plat noting that the applicant has provided a letter from Gil Spence, Leisure Services Director for the City. He discussed the four conditions under which the prelimnary plat was approved. Intersection improvements to Derby Grange Road and Plaza Drive, Commission review of the final plat for Phase 1, secondary access to Phase 2 and dedication of park area in Phase 1. Staff Member Kritz stated that there is an agreement between the City and Mr. Herrig for improvements to Derby Grange Road and Plaza Drive subject to Mr. Herrig signing the agreement that the secondary access will be extended to Phase 2 of the project and that Mr. Herrig was asking that a simple park be dedicated in Phase 2. Planning Services Manager Laura Carstens said that the City has budgeted money in the 5th year of the 5-year capital improvement program for park improvments at this location. She said that Gil Spence said he would rather maintain one large park than two small ones. She said that the timing in Phase 2 is better as it regards the City budget schedule. The Commission discussed the request and felt that it is appropriate to create the park in Phase 2 of the project. Motion by Hardie, seconded by Stiles, to approve the Final Plat of Serenity Ridge, as submitted. Motion carried by the following vote: Aye -Smith, Hardie, Christ, Norton, Miller, Henschel and Stiles; Nay -None. PUBLIC HEARINGIREZONING: Application of Dr. William May to rezone property located at 989 Langworthy Street from R-2 Two-Family Residential District to OR Office Residential District. Dr. William May, 989 Langworthy Street, reviewed his requested rezoning. He provided a site plan of the proposed parking area adjacent to his clinic. He reviewed the existing zoning, the need for additional parking, and his plans to expand his practice. He noted that the property would be screened from the adjacent residence if developed. Staff Member Hemenway reviewed the surrounding zoning and land use. He noted that an e-mail had been received from Mr. & Mrs. L McGrain, the adjacent property owners, stating their opposition to the rezoning. Staff Member Hemenway reviewed screening requirements of the Zoning Ordinance where a parking lot is adjacent to residential zoning. The Commission discussed the request noting that the land use in the area has changed and that rezoning to OR for this location is appropriate. Minutes -Zoning Advisory Commission July 2, 2008 Page 4 Motion by Christ, seconded by Smith, to approve the rezoning request, as submitted. Motion carried by the following vote: Aye -Smith, Hardie, Christ, Norton, Miller, Henschel and Stiles; Nay -None. PUBLIC HEARINGIREZONING: Application of Charles Daoud to rezone property located east of Keymont Drive from R-1 Single-Family Residential District to R-2 Two-Family Residential District. Charles Daoud reviewed his proposed rezoning, noting the size of the property and the proposed development plan for the subdivision. He said that he visited with neighbors and discussed the proposal with them. He discussed the difference in traffic generation between single and two-family development. He stated that the develoment would incorporate green practices, which include permeable pavers for the roadways, dedication of a park area and walking path, park and path green area, and stormwater infiltration. He said that he and City staff have visited a development in Moline, Illinois which utilizes permeable paving. He said that he will dedicate a portion of the property to the City for a future hike/bike trail and open space. He discussed how the proposal will support the City's goals for sustainability, in-fill development, mixed-use and good urban design. Nora McCarville, 1710 Keyway Drive, spoke in opposition to the request. She expressed concerns about the potential for an increase in traffic along Keyway Drive and Pennsylvania Avenue. She said that the development would tax the sanitary sewer capacity, which she said is bypassed during a heavy rainfall. She said she is opposed to having heavy equipment on neighborhood streets during construction. Dean Riechmann, 1802 Keyway Drive, said that all of the neighbors are concerned with the proposed development. He expressed concerns with traffic safety and volume, sanitary sewer capacity, and emergency access. He said that the streets will be narrow and difficult to negotiate. Donna Smith, 1827 Keyway Drive, said she is opposed to the rezoning noting that the property formerly was zoned R-4, but had been downzoned to R-1. She said there is a need for a buffer between the commercial property along Kennedy Road and the single- family residential neighborhood along Keyway Drive. She said the City's Comprehensive Plan recommended that the area remain open space. She said that a portion of the land is designated as flood plain and should not be developed. She asked Commissioners to reject the rezoning and recommend that the area be dedicated as park land. She discussed traffic counts along Keyway Drive and stated she feels there is a need for a secondary access to the site. Mark Schmekel, County Soil Conservation Engineer, discussed his work on the upper Catfish Creek drainage. He said that he had spoken with Mr. Daoud regarding best management practicies and he said he feels that the City of Dubuque needs to encourage this kind of sustainable development. He said he was pleased with the proposal to create Minutes -Zoning Advisory Commission July 2, 2008 Page 5 rain gardens and install permeable paving and infiltration areas. He said that he supports low-impact development. Raechel Cole, 1896 Keyway Drive, spoke in opposition to the request. She expressed concerns with traffic and said there is a need for a buffer between the commercail properties along Kennedy Road and the residential neighborhood. Jan Troy, 1795 Keyway Drive, spoke in opposition to the request. She expressed concerns with traffic safety. Greg Yoko, 3660 Seville Drive, spoke in support of the request, noting that it is a low- impactdevelopment. He said that the existing zoning would permit development that may generate more traffic than what is proposed. Leonard Leib, 3431 Pennsylvania Avenue, said that he is concerned that stormwater runoff will be increased if this site is developed. Mr. Daoud said that the existing zoning is R-1 Single-Family Residential and that the property is not designated as a park. He said that if the site were to be developed for single-family homes it would generate more traffic than proposed development would. He said that the City is working to resolve sanitary sewer capacity issues forthis area. He said that the development will not direct additional storm water to the drainage, but sequester all storm water on site. He said that only in an extreme event, will storm water flow into the detention basin. He discussed the techniques proposed to address water runoff. He said that construction of the development should last approximately 18 months. He said the development will consist of townhouses and be regulated by a neighborhood association. Ken Buesing, Buesing & Associates, representing Mr. Daoud, addressed the existing sanitary sewer and stormwater problems. He said that a City project that will address these concerns is underway. He said that the development will utilize an infill site and not contribute to sprawl. Commissioner Hardie asked about City street standards and acceptance of City streets. Commissioner Norton asked about the City project regarding improving the sanitary sewer capacity and reducing inflow. Staff Member Kritz reviewed City procedure for acceptance of new streets for public maintenance and reviewed the Engineering Department's effort to find illegal storm water connections to the sanitary sewer system and the status of the project to increase capability in the sanitary sewer main that serves this property. Staff Member Hemenway reviewed the staff report noting the surrounding zoning and land use. He reviewed ITE Trip Generation calculations. He discussed the subdivision process noting that the Commission would review any subdivision plat which would clearly address street widths, lot layout, stormwater management, sewer capacity, utilities and green space/park area. Minutes -Zoning Advisory Commission July 2, 2008 Page 6 Chairperson Stiles asked if the walking path would be dedicated to the City. Mr. Daoud said that he would build the path and dedicate it to the City while working with Leisure Services Manager Gil Spence. Commissioner Miller asked about the subdivision review process. Commissioner Henschel asked about the land use map versus the existing. zoning and asked staff to rectify the contradiction between mixed-residential and open space. Staff Member Carstens reviewed the Long Range Comprehensive Planning process noting why the area was originally designated as open space. She discussed Comprehensive Plan goals and explained how they are meant to serve as a guide to help the Zoning Advisory Commission make decisions. Chairperson Stiles stated that he believes the issues raised by the neighbors can be addressed by existing City regulations and subdivision review. He said he supports the green building techniques that the applicant will employ for this site. Commissioner Norton noted that traffic and sanitary sewer capacity were existing issues. He said that the site will generate less traffic than if developed as R-1 and that sewer capacity issues will be addressed through improvements the City has planned for through the Capital Improvement Program. He said that he feels the developer should be applauded for his effort to create a sustainable development. He said that the development will serve as a buffer between the R-1 and the adjacent commercial properties. Commissioner Miller said that he appreciated the neighbors' concerns but that this proposal will generate less traffic and be compatible with the adjacent residential use. Motion by Christ, seconded by Smith, to approve the rezoning request, as submitted. Motion carried by the following vote: Aye -Smith, Hardie, Christ, Norton, Miller and Stiles; Nay -Henschel. PUBLIC HEARINGITEXT AMENDMENT: Application of the City of Dubuque for a text amendment for the Bluff Overlay District. Commissioner Smith stepped down from the table noting a conflict of interest because he is a property owner within the proposed Bluff Overlay District. Staff Member Carstens outlined the staff report discussing the impetus for forming the Bluffland Advisory Committee (BAC). She said that the City has notified all property owners of record within the Bluff Overlay district. She said that the Committee's charge was to develop regulations that would try to balance development and preservation. She discussed the Bluff Overlay District Ordinance stating that it is a part of the Unified Development Code process. She discussed the primary issues that had been identified by Minutes -Zoning Advisory Commission July 2, 2008 Page 7 the Bluffland Advisory Committee, JEO Consulting and the citizen survey. She said that the Committee had identified priority areas using their prominence and physical attributes as criteria. She discussed existing regulations as they pertain to the Bluff Overlay District. She stated that the Sustainable Development Assessment Team (SOA) had identified preservation of the bluffs as a goal. She discussed the underlying zoning and historic districts within the Bluff Overlay District. She discussed how a bluffwas defined, including the morphology and delineation of the bluff edge. She said that some of the properties within the district may not be regulated if they do not qualify as a bluff. She discussed proposed regulations regarding erosion control, building limitations, the 15,000 square foot lot size minimum and setback proposals. She discussed map attributes and the Bluff Overlay District. She said that the districts primarily are zoned R-1 Single-Family Residential, Ag Agricultural and PR Planned Residential. She said that the proposed regulations would create nonconformities. She said that City staff has concerns with the creation of nonconformities, the contradiction of the regulations as they regard historic development, the potential for increased Zoning Board of Adjustment case load for variances and special exception requests, the potential for the "taking" issue regarding private property, termination of vested rights for existing properties, difficulties in administering the ordinance, difficulty and cost in field verification of the bluff area, the burdensome affect of regulating all land disturbance on lots within the district, the regulation of one- and two-family homes versus large-scale development, and the difficulty the ordinance would create for homeowners that wish to make improvements to their property. She said she believes that the City has adequate regulations in place for balancing preservation and development of the bluffs. She asked that the Zoning Advisory Commission carefully consider the text amendment. Daven Curtiss, O'Connor & Thomas Law Firm, representing Mark Falb, 77 Mt. Carmel, and several other neighbors in the area said that the neighbors object to the proposed ordinance because it represents unreasonable regulation of private property and that it discourages investment and re-investment on bluffland property. He said the proposed ordinance imposes an extra layer of regulations on property owners. He said that the bluffs are primarily privately owned. He said that anyone who wishes to make property improvements within the district will have to go before the Zoning Board of Adjustment for a variance. He said the existing homes could not be rebuilt if damaged or destroyed. He discussed the criteria established for reclassifying property. He noted that there is a number of existing park areas along the bluff that will always be preserved. He discussed protection of view sheds and said such protection should not be undertaken at the expense of property owners. He said that those wishing to preserve bluffland property could establish an LLC to buy and preserve property and to educate property owners. He said that the proposed ordinance represents an aesthetic opinion, not a technical one. He said that the Building Services Department already has the right to request a structural analysis before issuance of a building permit. He said that the proposed ordinance represents a slippery slope toward over-regulation of private property. Minutes -Zoning Advisory Commission July 2, 2008 Page 8 Mark Falb, 77 Mt. Carmel Drive, spoke in opposition to the request. He said that it would not be possible for him to build a screened porch, outdoor fireplace or awning on his property if the proposed ordinance were to be approved. He said this represents a "taking" of private property rights. Chris Olson, 1090 Grove Terrace, spoke in opposition to the request. She said that the City should have more clearly identified the bluff area and inventoried the nonconforming properties. She said there is a need to balance different public interests. She said that she could not remove her inappropriate deck and replace it with a historic porch if this proposed ordinance were to be approved. Merle Marting, 360 Mississippi View Drive, said that he owns a vacant lot in the district and would like to build a retirement home on it. He said if this proposed ordinance were to be approved, he could not build the home. Dick Vorwald, Member of the Bluffland Advisory Committee, said that the City Council has already deleted many of the recommendations in the proposed ordinance. He said that drafting the ordinance has been a difficult 18 months process. He said that environmental goals are measurable because storm water runoff and erosion could be quantified. He said that a scale for historic, scenic and environmental impacts could be developed for bluffland property but could take another two years to develop. Charles Winterwood, 1515 Montrose Terrace, said that he supports the general intent of the Bluffland Advisory Committee's recommendations. He said he also supports a 60 foot height limitation for Planned Unit Developments. Rick Dickinson, Greater Dubuque Development Corporation, thanked the Zoning Advisory Commission, the Bluffland Advisory Committee and City staff for their hard work. He commended the process. He recommended that the Zoning Advisory Commission deny the proposed ordinance. He said that the proposed ordinance had been created in response to two developments. He said that the regulations probably were a "taking" of private property. Chris Haas, said that he is speaking for his parents who live at 945 Mt. Carmel Drive. He spoke in opposition expressing concerns with the potential for a taking, property values and the effect on the status of mortgage loans for properties within the district. He said that buildings that currently define the city's bluffs such as Keane Hall and the Fenelon Street Elevator could not be rebuilt under the proposed ordinance. Doug Spyrison, 1295 Grove Terrace, spoke in favor of the Bluff Overlay District text amendment. He commended City staff for their hard work. He said that the ordinance would be good for Dubuque, good for developers, and would protect property owners within the district. Minutes -Zoning Advisory Commission July 2, 2008 Page 9 Ann Michalski, 1520 Altura Drive, said that she lives in a priority B area. She noted that the damage to the Eagle Point Bluff and the Riprow Valley junkyard were potential disasters for the City. She said the City has not been protecting the bluffs as they should. She said that the proposed ordinance would protect property owners. She discussed the history of interest in bluff regulation. She said the bluffs are a part of the community's treasures. She expressed concerns with the potential for structural damage and collapse of the bluffs. She said the proposed ordinance does not go far enough in protecting bluffs and regulating development. She said the City Council is obligated to protect the bluffland. Trent Marting, 390 Mississippi Drive, said that his family has owned property along the bluff for 60 years. He said that the 18% grade is too restrictive. He said there are many structures that are not within the proposed Bluff Overlay District that are built on 18% or greater slopes. He said that the proposed ordinance should be limited to modifying PUD regulations. John Herrig, 13668 Surrey Lane, spoke in opposition to the request. He discussed condemnation of some property that he owned north of Marquette stating that it had a negative impact on property development and the local economy. Ed Tschiggfrie, 400 Julien Dubuque Drive, stated that he had not heard anyone complain about single-family homes along the bluff. He noted that additional regulations will devalue property and could create urban sprawl. He said that bluff regulations should apply only to PUDs. Ron Smith, 1640 Justin Lane, noted that Dubuque was founded on seven hills, not bluffs. He discussed the architectural style of bluff development. He said that buildings on the bluff are beautiful. He distributed photos to the Commission. He said that the 4th Street Elevator could not be rebuilt if the proposed ordinance were to be approved. He said that Dubuque's bluff areas are unique in that they consist of terraces and retaining walls. He said the proposed ordinance would increase the number of nonconformities. He said that erosion is already controlled by City Engineering and that site plan and building permit review regulate development. Mike Keegan, 500 Villa Street, commended staff for their efforts regarding the proposed ordinance. He discussed the existing built environment. He said that the buildings on the bluff portray a live and vital community. He said that development along the bluff is proceeding in an orderly fashion and that additional regulations are not necessary. Rod Tschiggfrie, 600 Sapphire Circle, said he echoes the comments opposing the proposed ordinance. He said that he has developed Alpine Park Community and owns approximately'/Z mile of bluff property. He said that an 18% slope does not represent a bluff. Minutes -Zoning Advisory Commission July 2, 2008 Page 10 Jim Schroeder, 515 Candlewick Ct., spoke in opposition to the request. He said that he has taken great care in developing his property. He said that the ordinance should more clearly define a bluff and that single-family development.should not be regulated. Staff Member Carstens said that the request was a text amendment, not a rezoning. She discussed citizen input noting that correspondence received up to the time of the public hearing was distributed to the Commission. She asked that they be received and filed. She responded to questions raised during the public hearing. She said structures that are built over the bluff edge could not be rebuilt under the proposed ordinance. She said that there was an issue with a home that did not have adequate erosion control. She said that improvements within Alpine Heights may be affected because a portion of the development appears to be within the district and may qualify as bluff area. Commissioner Hardie said that the Zoning Advisory Commission has been consistent in its response to the Bluffland Advisory Committee's recommendations. He said that he agrees with staff's findings and is opposed to the text amendment. He said bluff regulations should apply only to PUDs. Commissioner Stiles discussed the City Council work session regarding the Bluff Overlay District. He said it was his impression that the City Council did not want to regulate single- familydevelopment. He said that erosion control regulations are already in place. He said that he feels bluff regulations should be drafted for PUDs. Commissioner Miller stated he is uncomfortable with the way a bluff is defined by the proposed ordinance. He said that he concurs with other Commissioners. Commissioner Hardie said that the Zoning Advisory Commission and City staff could develop regulations and that he sees no further need for the Bluffland Advisory Committee to reconvene. Commissioner Henschel commended the Bluffland Advisory Committee, but stated that he is not in favor of the end product. Commissioner Norton said that the new Zoning Advisory Commissioners have a unique perspective on the Bluff Overlay District Ordinance. He said he feels there is a disconnect between what the Bluffland Advisory Committee was trying to accomplish and the final product. Motion by Christ, seconded by Stiles, to approve the Bluff Overlay District text amendment. Motion denied by the following vote: Aye -None; Nay -Hardie, Christ, Norton, Miller, Henschel and Stiles; Abstain -Smith. ITEMS FROM PUBLIC: Greg Prehm, introduced himself as the developer of property located at 2635/2635'/2 University Avenue. He asked that the Commission reconsider his Minutes -Zoning Advisory Commission July 2, 2008 Page 11 request to rezone his property to a PUD. He noted that he has added green space, reduced the number of units and reconfigured the access in response to the Commission and neighbors' concerns. Commissioner Hardie and Smith said that they still have concerns with density and neighborhood opposition. Motion by Hardie, seconded by Miller, to reconsider the rezoning request for 2635/2635 University Avenue at the August, 6, 2008 Zoning Advisory Commission meeting. Motion carried by the following vote: Aye -Smith, Hardie, Christ, Norton, Miller, Henschel and Stiles; Nay -None. ITEMS FROM COMMISSION: Chairperson Stiles asked if the Commission could recommend changes to the Bluff Overlay District Ordinance. Staff Member O'Brien said that this could be initiated by the Commission at a future meeting. He recommended that the Commission wait until the City Council action on the Bluff Overlay District is concluded. Commissioner Hardie cautioned the Commission regarding reading into Council directives. He said that one Commissioner member cannot represent the entire Commission. He said that he is only interested in making the PUD regulations more restrictive. Commissioner Smith agreed. Commissioner Christ agreed that any recommendations should be reviewed by the full Commission. ADJOURNMENT: The meeting adjourned at 10:15 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted