Minutes_Zoning Advisory Commission 3 1 17 Dubuque
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MINUTES
CITY OF DUBUQUE ZONING ADVISORY COMMISSION
REGULAR SESSION
6:00 p.m.
Wednesday March 1 , 2017
City Council Chamber, Historic Federal Building
Commissioners Present: Chairperson Tom Henschel; Commission Members Rich
Russell, Laura Roussell, Steve Baumhover, Martha Christ, and Michael Belmont; Staff
Members Kyle Kritz and Guy Hemenway.
Commissioners Excused: Commissioner Patrick Norton.
Commissioners Unexcused: None.
CALL TO ORDER: The meeting was called to order by Chairperson Henschel at 6:00 p.m.
AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying the
meeting was being held in compliance with the Iowa Open Meetings Law.
MINUTES: The minutes of the January 12, 2017 Zoning Advisory Commission meeting
were approved unanimously as submitted.
ACTION ITEMS
Waiver: Application of McClure Engineering to waive Section 13-4.6 of the Unified
Development Code, regarding parking lot landscape buffer for property located at 2620
Dodge Street.
Todd Raufeisen, representing Starbucks Corporation, reviewed his request to waive
Section 13-4.6 of the Unified Development Code regarding the required landscape
buffer for their future site at 2620 Dodge Street.
Staff Member Hemenway reviewed the Unified Development Code language regarding
landscape buffer requirements, noting that the subject property is a constrained infill
site. He said that the Commission can waive the strict application of the code
requirements if they deem that it is appropriate. He noted that redevelopment of the
site will increase the green space approximately 60% to meet the 20% requirement, will
eliminate the unlimited curb cut and have three access points that have been approved
by the City's Engineering Department. He said that redevelopment will also serve to add
some landscaping.
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March 1 , 2017
Commissioner Russell asked what the minimum drive aisle width was. Staff Member
Hemenway noted that the minimum width is 24 feet which he said is reflected on the
proposed site plan.
Commissioners Baumhover and Christ stated that they supported the request because
redevelopment of the site would improve site access and add greenspace.
Motion by Christ, seconded by Russell, to approve the request to waive Section 13-4.6 of
the UDC regarding parking lot landscape buffer. Motion carried by the following vote: Aye
— Russell, Roussell, Baumhover, Christ, Belmont and Henschel; Nay — None.
Waiver: Application of Spahn & Rose Lumber Company, 15 S. Main Street, to waive
Section 13-4.10 (B) and 13-4.4 (E) of the Unified Development Code regarding required
permeable area and screening.
Staff noted that the applicant has requested tabling the request.
Motion by Christ, seconded by Russell, to table the item at the applicant's request. Motion
carried by the following vote: Aye — Russell, Roussell, Baumhover, Christ, Belmont and
Henschel; Nay — None.
PUBLIC HEARINGS
Rezoning: Application of Derby Grange, LLC., 12568 Kennedy Road to rezone 50.4
acres at the northwest corner of Kennedy Road and Derby Grange Road from County
AG Agricultural to City R-2 Two-Family Residential concurrent with annexation to the
City of Dubuque.
Chairperson Henschel stated that the rezoning for Derby Grange, LLC at 12568
Kennedy Road and the abutting rezoning request for 2.99 acres on Derby Grange Road
owned by Jim Kress would be heard simultaneously as both are connected and but will
be voted on separately.
Chairperson Henschel noted receipt of two letters of opposition, one from Daniel
Bolgren, 12307 Brittany Court, and one from Ben and Sarah Fern, 16673 Clay Hill
Road, which he entered into the record.
Brian Riniker, 2300 Stone Brook Lane, Eldridge, Iowa, outlined his request for the
Commission. He said that 90% of the homes within the proposed development will be
single-family with some two-unit townhouses along the Derby Grange/Kennedy Road
frontages. He said the lots would typically be approximately 1 00' x 130' deep with a
minimum of 1 ,600 square foot dwelling units. He said that the property would have City
water and sewer; therefore, no wells would need to be drilled on the property and there
would be no septic systems. He said he felt that Kennedy Road could handle the
additional traffic due to the completion of the Northwest Arterial, noting Kennedy Roaqd
previously carried truck traffic from John Deere Dubuque Works. He noted the
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March 1 , 2017
surrounding residential land use. He said that the property would include a dedicated
City park area, storm water management measures, and access to the site would meet
all SUDAS requirements for traffic safety. He said that covenants for the property will
mandate tree planting. He said he felt the subdivision would be in character with the
surrounding neighborhoods.
Jim Kress, 22514 Finley's Landing Road, Sherrill, Iowa, said he would like to annex 3
acres of his property into the City and rezone to R-1 Single-family to facilitate access to
the Derby Grange, LLC subdivision.
Suzanne Conlon-Kalb, 12470 Eton Circle, said that she was opposed to rezoning the
property to R-2 Two-Family Residential. She noted the difference in acreage of the
proposed subdivision and the surrounding properties. She said she is also opposed to
annexation of the adjacent properties. She said she would rather see the property
rezoned to R-1 . She said she was concerned with the smaller lot sizes proposed, the
affect the subdivision would have on taxes, traffic safety, property values, the
environment and aesthetics. She said that she is concerned with the uses listed as
permitted under the R-2 regulations, which she said included utilities and substations.
She asked how children from the new subdivision would get to school given the lack of
sidewalks in the area. She said she felt the proposed subdivision would not be
compatible with the adjacent properties.
Gerald Osterhaus, 12893 Sterling Oaks Court, said that he resides in Northern Hills
Subdivision along Clay Hill Road. He expressed concerns with traffic at the intersection
of Clay Hill, Kennedy and Rupp Hollow Roads. He said that improvements should be
undertaken at that intersection and at the intersection with the Northwest Arterial and
Kennedy Road. He said that tree trimming to improve visibility should be done. He
said that he has concerns with the density of the proposed subdivision relative to the
existing residential subdivisions in the area.
Paul Kalb, 12471 Eton Circle, said he was opposed to the proposed subdivision due to
its density and the potential for increased traffic. He said that the existing residential
development consists of large lots with plenty of green space. He said his intent is to
protect the value of properties in his neighborhood.
Raymond Quint, 16501 Breckenridge Court, expressed concerns with traffic safety. He
said that a study regarding traffic along Kennedy Road should be undertaken. He
expressed concerns with long-term maintenance of Kennedy Road. He asked if the
streets within the proposed subdivision would have curb and gutter and city utilities. He
asked if the City was providing the utilities gratis or if the developer would be paying for
all or a portion of the utilities.
Joe Mettille, 16559 Clay Hill Road, stated that he originally moved into the county for
peace and quiet. He said that he felt that the proposed subdivision is much too dense
and will create traffic problems. He recommended that the City consider developing the
Pfohl farm property along Asbury Road.
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March 1 , 2017
Dan Griswold, 16673 Forest Gate Road, stated that he moved to the county because
he wanted to be in a less densely developed residential area. He said the proposed
subdivision will be out of character with the existing county residential development. He
expressed concerns with the impact the development may have on traffic safety and
property values. He said he felt the uses permitted in the R-2 District were not
compatible with the adjacent land use.
Philip Kalvelage, 16785 Clay Hill Road, said that the City of Dubuque required that his
subdivision be low density. He said that the City should install infrastructure
improvements prior to development of the area. He expressed concerns with traffic
safety and storm water management, as storm water flows across his property.
Mariann Groom, 16693 Clay Hill Road, expressed concerns with storm water
management from the development. She said that she felt the lots should be larger.
She also said she was concerned with vehicular, pedestrian, and bicycle traffic safety.
Myra Jo Kalb, 12471 Eton Circle, said she is opposed to the R-2 zoning because of the
potential for noise, light pollution, elimination of green space and aesthetics.
Joe Mulgrew, 16543 Herrod Lane, said that he felt that the adjacent intersections were
dangerous and that traffic safety was of utmost concern.
Susan Chapman, 16431 Forest Gate Road, said that she agreed with the concerns
expressed by her neighbors, and that she is opposed to the proposed rezoning.
James McDonald, 16853 Northern Hills Drive, expressed concerns with traffic safety,
especially during peak times when the soccer complex traffic is at its peak. He asked
who will pay for the public improvements for the subdivision.
Julia Hermann, 16334 Forest Gate Road, said that she is opposed to the rezoning and
agrees with the concerns raised by her neighbors.
Patricia Iverson, 12475 Brittany Court, said that she is opposed to the rezoning and
agrees with those concerns raised by her neighbors.
Bob Rehfeldt, 16483 Clay Hill Road, expressed concerns with traffic safety and
emergency access, noting that he feels that it would be difficult for emergency vehicles
including fire trucks to safely get in and out of the subdivision. He said that the street
widths and on-street parking may serve as a barrier to emergency access.
Brian Moran, 16593 Forest Gate Road, said that he agreed with the concerns
expressed by his neighbors and was opposed to the rezoning.
Kristin Clark, 12210 Forest Meadow, said she was opposed to the request because her
child suffers from an illness where air quality is of the utmost importance. She said that
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March 1 , 2017
she needs clean air and that a densely developed residential subdivision would impact
the air quality in her area. She said her and her husband work in the medical field and
must be able to get to their job site in a timely manner. She said that additional traffic
may impact that ability. She expressed concerns with the safety of bicyclists along the
roadways.
Michael Pagel said that he was an attorney with Kitzinger Law Firm, and that he
represented some of those in the neighborhood. He said that the request, as stated,
will be in violation of both the City's Unified Development Code regulations and of Iowa
State Law regarding zoning. He said that the request violates the rules regarding
density and traffic safety. He noted the preamble to the City's Unified Development
Code Agricultural District states that agriculturally zoned property should remain as a
holding zone intent on preventing premature development of large land acreages and
recently annexed land for which the most appropriate future use has not yet been
determined. He said that a decision on the disposition of this property should not be
made hastily. He discussed State of Iowa and City codes and noted a rezoning should
advance the community's interest versus that of a private developer.
Kenny Maas, 16713 Clay Hill Road, said he was opposed to the request and agreed
with his neighbors' concerns.
Jackie Koontz, 16375 Rustic Forest Trail, said she is opposed to the proposed R-2
zoning stating that it is inconsistent with development in the area. She expressed
concerns with traffic safety, especially as it regards school children.
Mr. Riniker said that his father lives directly adjacent to the proposed subdivision, and
that they would like to control development so that it is done appropriately. He said that
the large lots in the County are not selling, and that his more modest sized lots are in
demand. He said that he wants to preserve the natural beauty of the area and as such,
the subdivision will have strict covenants. He said that he is paying for all of the interior
utility extensions and dedicating park land to the City. He said that he feels his
development will not detract from the value of the adjacent properties.
Jim Kress said that he would like his property to be rezoned so that the proposed
subdivision will have an access road. He said that his property will be rezoned to R-1
and will remain single-family residential.
Staff Member Kritz reiterated both rezoning requests, noting that they would be done in
conjunction with annexation. He said that the Commission's only charge is to review the
proposed rezoning requests and not the annexations. He said that both the rezoning
and annexation requests will go to a subsequent City Council meeting.
He discussed the uses permitted in an R-2 District, noting that the proposed
development would be similar to those such as Arbor Hills and Harvest View Estates
within the city. He said that the subdivision will have standard city streets with curb and
gutter. He noted the street widths stating that there would be parking permitted only on
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March 1 , 2017
one side for streets built with 27 feet of paving. He said that each house will likely have
a minimum of four to five off-street parking spaces because of the 20-foot driveway
setback and the two to three car garages proposed for the houses. He noted utility
extensions to the property. He said that the county lots are a minimum of one acre
because that is what is required to accommodate the septic systems. He said that R-1
and R-2 lots have a minimum lot size of 5,000 square feet, but that the developer is
proposing lots from between 10,000 — 13,000 square feet. He said that the City is
currently running out of residential building lots and that the City has excess capacity for
both water and sanitary sewer.
Staff Member Kritz said that City sewer will alleviate the need for septic systems and
that City water will eliminate the need for wells. He said that the City will be installing a
right turn lane at the Kennedy Road/Northwest Arterial intersection this year. He said
the City will be annexing the Kennedy Road right-of-way and will maintain the road in
cooperation with the County. In response to a question from a previous speaker, he
said that the Pfohl property is under private ownership and that the City cannot compel
them to undertake residential development. In response to a question regarding who
pays for extension of water and sanitary sewer, he said the City will extend utilities to
the property but the developer will pay for all interior utility extension costs, including
construction of the new public streets.
Staff Member Kritz noted that two-unit residences are currently in demand. In response
to a question about how children will get to school, he said that children within the
proposed subdivision will access area schools similar to those children currently living in
the surrounding area. He discussed sidewalk improvements and extensions for the
subdivision and for Kennedy Road. He said that if traffic counts warrant it, there is a
possibility that traffic lights could be installed somewhere along the access roads in the
future. He also noted that the School District accommodates the additional school age
population by redistricting.
He discussed traffic counts and said that the Institute of Traffic Engineering trip
generation manual indicates that the proposed subdivision will generate approximately
1 ,065 vehicle trips per day. He noted historic Iowa Department of Transportation traffic
counts for Kennedy Road, stating that in 2001 there was 7,700 vehicle trips per day,
and in 2005, it had dropped to 4,580 due to the completion of the Northwest Arterial
which linked Highway 52 North with Dodge Street/ Highway 20. He said that there had
been 200 units built in the County since 1993. He said that in 2013, the IDOT counts
for Kennedy Road were down to 3,860 vehicle trips per day and that the City had
counted 3,360 vehicle per day along Kennedy Road in April of 2016. He said that if
approximately 1 ,000 vehicle trips per day are generated when the subdivision is fully
built-out, the traffic volumes will still be 37% lower than at the peak in 2001 .
He discussed accident reports. He said there had been three at the intersection of
Kennedy Road and Derby Grange Road since 2006. He noted that the proposed
subdivision accesses and the current Kennedy Road/Derby Grange Road intersection
meet SUDAS visibility requirements for intersections.
Zoning Advisory Commission Minutes Page 7
March 1 , 2017
Chairperson Henschel asked about storm water management for the subdivision. Staff
Member Kritz said that the subdivision will utilize three detention basins, but that details
regarding how storm water for the property will be managed will be provided by a civil
engineer during staff review of the improvement plans. He said this would have to
occur prior to any development of the property.
Commissioner Roussell asked about fire safety access to the site. Staff Member Kritz
noted that the development review team for the City, including Fire Department
personnel, had reviewed the proposal and noted the street width. He said that as it
regards emergency access, the street width is adequate.
Commissioner Belmont asked if the City had required low density development along
the subdivision on Clay Hill Road. Staff Member Kritz said the City simply had required
one driveway maximum per each two single-family homes, and did not dictate lot size
or density.
He noted that Jim Kress's three-acre property was requested to be rezoned to R-1 and
it was needed for access to the balance of the Derby Grange LLC Subdivision lot. He
said that the proposed rezoning and subdivision will maximize the configuration for
Derby Grange LLC and will let Mr. Kress develop a number of single-family lots.
Commissioner Russell asked if Mr. Kress had submitted a preliminary plat for the
property. Staff Member Kritz indicated on the map where Mr. Kress's property was
located.
Commissioner Roussell said that she had concerns with the issues raised by the
neighbors. Commissioner Christ said that development in this area is inevitable as is
change. She said that the average lot sizes are large enough and that the property will
not be too densely developed. She said there is no compelling reason to not approve
the proposed rezoning.
Commissioner Russell said that he was not concerned the density as the subdivision
would only create a little over two units per acre. He said that development of this scale
was more sustainable. He noted that not everyone can afford a two-acre lot for housing
development.
Commissioner Roussell said that she had some townhomes in her neighborhood and
they are well done. She said that she felt that the traffic problems along Kennedy Road
will remain constant.
Commissioner Baumhover asked what would happen if traffic increased significantly.
Staff Member Kritz said that if traffic warrants indicated the need for roadway
improvements the City would consider them through the established Capital
Improvement Plan process.
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March 1 , 2017
Commissioner Baumhover asked if there was enough space along the right-of-way to
expand the roadway. Staff Member Kritz said that would be something that an
engineering study would have to determine. Commissioner Baumhover said that the
traffic counts provided by staff were very helpful and informative.
Commissioner Baumhover asked if sidewalks are planned for Kennedy Road. Staff
Member Kritz noted that any new street projects must be reviewed in light of the City's
Complete Streets Policy, which he said generally includes sidewalks.
Motion by Christ, seconded by Russell, to approve the rezoning of 50.4 acres at the
northwest corner of Kennedy road and Derby Grange Road from County AG to City R-2
concurrent with annexation to the City of Dubuque. Motion carried by the following vote:
Aye — Russell, Roussell, Baumhover, Christ, and Henschel; Nay — Belmont.
Rezoning: Application of Jim Kress to rezone 2.99 acres along Derby Grange Road
from County AG Agricultural to City R-1 Single-Family Residential concurrent with
annexation to the City of Dubuque.
Commissioner Russell said he felt it was positive that both developers were working
together to provide a logical development and good access.
Motion by Christ, seconded by Baumhover, to approve the rezoning of 2.99 acres from
County AG to City R-1 Single-Family Residential concurrent with annexation to the City of
Dubuque. Motion carried by the following vote: Aye — Russell, Roussell, Baumhover,
Christ, Henschel and Belmont; Nay — None.
ITEMS FROM PUBLIC: None.
ITEMS FROM STAFF: None.
ITEMS FROM COMMISSION: Commissioner Belmont recommended that once public
input is closed, that it should not be re-opened. Commissioners agreed.
ADJOURNMENT: Motion by Christ, seconded by Russell, to adjourn the meeting.
Motion carried by the following vote: Aye — Russell, Roussell, Baumhover, Christ,
Henschel and Belmont; Nay — None.
The meeting adjourned at 8:00 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted