Minutes_Zoning Advisory Commission 8 2 17 Copyrighted
August 21, 2017
City of Dubuque Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: Cable TV Commission of 8/2; City Council Proceedings of
8/7, 8/14; Civil Service Commission of 8/3; Five Flags Civic
Center Commission of 7/31; Historic Preservation
Commission of 7/20; Long Range Planning Advisory
Commission of 7/19; Zoning Advisory Commission of 8/2;
Zoning Board of Adjustment of 7/27; Proof of Publication
for City Council Proceedings of 8/1 , 8/2, 8/3; Proof of
Publication for List of Claims and Summary of Revenues
for Month Ending 6/30.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Cable 1V Commission Minutes of 8/2/17 Supporting Documentation
City Council Proceedings of 8/7/17 Supporting Documentation
City Council Proceedings of 8/14/17 Supporting Documentation
Civil Service Commission Minutes of 8/3/17 Supporting Documentation
Five Flags Civic Center Commission Minutes of 7/31/17 Supporting Documentation
Historic Preservation Commission Minutes of 7/20/17 Supporting Documentation
Long Range Planning Advisory Commission Minutes of Supporting Documentation
7/18/17
Zoning Advisory Commission Minutes of 8/2/17 Supporting Documentation
Zoning Board of Adjustment Minutes of 7/27/17 Supporting Documentation
Proof of Publication for City Council Proceedings of Supporting Documentation
8/1/17
Proof of Publication for City Council Proceedings of Supporting Documentation
8/2/17
Proof of Publication for City Council Proceedings of Supporting Documentation
8/3/17
Proof of Publication for List of Claims/Summary of Supporting Documentation
Revenues for ME 6/30/17
Dubuque
THEYOF
DUB E
Masterpiece on the Mississippi
MINUTES
CITY OF DUBUQUE ZONING ADVISORY COMMISSION
REGULAR SESSION
6:00 p.m.
Wednesday August 2, 2017
City Council Chamber, Historic Federal Building
Commissioners Present: Chairperson Tom Henschel; Commission Members Rich
Russell, Laura Roussell, Steve Baumhover, Martha Christ, and Patrick Norton; Staff
Members Kyle Kritz and Guy Hemenway.
Commissioners Excused: Michael Belmont
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 July 5, 2017 Zoning Advisory Commission meeting were
approved unanimously as submitted.
ACTION ITEMS
Plat of Survey: Application of James and Laura Jelinske, 11823 Lorelei Lane, for the
Plat of Survey of Jelinske Place No. 2
Commissioner Norton recused himself.
The applicant was not in attendance.
Staff Member Kritz outlined the staff report noting that the subject property was located
within the two-mile extra jurisdictional area and subject to joint City and County review.
He said that the proposed subdivision splits the approximately 36-acre parcel into two
lots to facilitate the sale of Lot 1 to a new property owner. He said that the reason that
the Zoning Advisory Commission is reviewing the plat is because the newly created Lot
1 does not have frontage on a private or public street.
Zoning Advisory Commission Minutes Page 2
August 2, 2017
He said that the proposed plat provides an access easement and that if the property is
further subdivided the County will required a 66-foot-wide roadway easement. He
recommended that the Commission review and approve the plat subject to waiving the
lot frontage requirement for Lot 1 .
Commissioners discussed the request and felt that it was appropriate.
Motion by Baumhover, seconded by Christ, to approve the Plat of Survey of Jelinske
Place No. 2. subject to waiving the lot frontage requirement for Lot 1 . Motion carried by
the following vote: Aye — Russell, Roussell, Baumhover, Christ, and Henschel; Nay —
None; Abstain -- Norton.
Preliminary Plat: Application of Oakland Farms Real Estate Company, South side of
Oakland Farms Road, west of Military Road, for the Preliminary Plat of Oakland Ridge
Estates.
Mark Gudenkauf, 1251 Deer Creek Circle, said that he is a partner in the Oakland
Farms Real Estate Company. He said that their intent is to plat 75 lots in a phased
subdivision. He said that they are finalizing the utility extensions and restrictive
covenants. He said that he has met with Eric Schmeckel regarding options for grading
and storm water management for the site. He noted that there would be a hiking path
ringing the subdivision.
Mr. Gudenkauf said that the development group has gone over and above the existing
City and County design standards. He noted that the pre-annexation agreement with
the City has been signed.
Commissioner Russell asked why the paved portion of Lea Lane had terminated before
it reached the adjacent property.
Dave Schneider, Schneider Land Surveying, said that Lea Lane stub street was not
needed for access to the adjacent residential lots, but that the right-of-way was platted
to the property line to insure future access to the adjacent property. He said that it was
likely that the street grade would have to be altered to connect with the adjacent
property and that, if paved, the pavement would have to be removed and the street
regraded.
Staff Member Kritz highlighted several examples of unpaved and partially paved stub
streets in existing subdivisions, noting that it is not an unusual situation. He said
platting a stub street insures connectivity to the surrounding property should it be
developed in the future.
Staff Member Kritz outlined the staff report discussing City versus County standards
regarding street width and storm water management. He reiterated that the
development group had signed the pre-annexation agreement. He noted that the
Zoning Advisory Commission Minutes Page 3
August 2, 2017
subdivision met the 40-point standard for sustainable development by including solar
oriented lots, a recreational trail, narrower street widths to reduce impermeable area
and more stringent County storm water management measures.
He discussed the two primary accesses to the subdivision and the two platted potential
future accesses. He said that the Luna Street access currently meets SUDAS
standards for site visibility and that the developers were working with their engineer to
improve the MacKenzie Street access design in an effort to meet the standard. He said
that the City has no objection to the subdivision request and he recommended approval
subject to waiving the minimum street width for Luna Street, Mackenzie Ridge, Lauren
Lane, Alea Lane, Marissa Court, Conner Court and Carriage Court
Commissioner Roussell said that as liaison to the Resiliency Commission, she is
pleased at the effort to include a hiking trail and robust storm water management
measures.
Commissioners discussed the request and felt it was appropriate.
Motion by Christ, seconded by Roussell, to approve the Preliminary Plat of Oakland
Ridge Estates subject to waiving the City street width standards for Luna Street,
Mackenzie Ridge, Lauren Lane, Alea Lane, Marissa Court, Conner Court and Carriage
Court. Motion carried by the following vote: Aye — Russell, Roussell, Baumhover,
Christ, Norton and Henschel; Nay — None.
SITE PLAN REVIEW: Application of MLY Investments, John Ward, Asbury Plaza, for
site plan compliance with Asbury Plaza PUD.
Commissioner Norton recused himself.
Pat Norton, Buesing and Associates Inc., Engineers and Surveyors, said that he
represented MLY Investments. He said that MLY is seeking site plan approval for a
new Freddy's Frozen Custard restaurant on an outlot in the Asbury Plaza Planned
Commercial development. He said that they have satisfied all of the City's
requirements but are still working through the utility extension design.
Staff Member Kritz noted that the Asbury Plaza PUD requires that the Zoning Advisory
Commission review and approve all site plans that occur subsequent to the original
development. He said that the storm sewer will be rerouted and that the proposed site
plan is compliant with the Asbury Plaza conceptual plan.
Commissioners felt that the site plan was compliant.
Motion by Russell, seconded by Christ, to approve the site plan for Freddy's Frozen
Custard restaurant in the Asbury Plaza PUD. Motion carried by the following vote: Aye
— Russell, Roussell, Baumhover, Christ, and Henschel; Nay — None; Abstain -- Norton.
Zoning Advisory Commission Minutes Page 4
August 2, 2017
PUBLIC HEARINGS
Amended PUD: Application of North Rock Real Estate, LLC., Asbury Plaza, to amend
the Asbury Plaza Planned Unit Development to allow an additional monument sign.
Chairperson Henschel noted that the applicant has submitted a formal request to
withdraw their application.
Motion by Russell, seconded by Christ, to accept withdrawal of the application of North
Rock Real Estate, LLC., Asbury Plaza, to amend Asbury Plaza Planned Unit
Development to allow an additional monument sign. Motion carried by the following
vote: Aye — Russell, Roussell, Baumhover, Christ, Norton and Henschel; Nay — None.
Text Amendment: Application of Mariko Wilbricht, Cozy Corner Adult Day Care, to
amend Sections 8 and 15 of the Unified Development Code to establish allowable
signage for Adult Day Care Services and Licensed Child Care facilities in residential
districts.
Mariko Wilbricht, Cozy Corner Adult Day Care, 2025 Radford Road, said that the
current sign code limits adult and child daycares to one, 4 square foot, wall-mounted
sign per facility. She said that the larger freestanding sign is needed to adequately
identify the location of their facility for visitors and emergency vehicles.
Staff Member Hemenway discussed the sign regulations for residential districts noting
that places of religious assembly and schools are permitted two, 32 square feet each,
freestanding sign per premises. He reiterated that these signs are necessary to direct
visitors to athletic events and funerals, or for emergency vehicles, to clearly identify the
facilities. He noted that both licensed child care facilities and adult day services have
grown in number and size in the last several years with some caring for as many as 150
individuals.
Commissioner Roussell asked if the sign rendering submitted by the applicant
exceeded the 32 square foot maximum allowed. Staff Member Hemenway noted that
the sign was smaller than indicated and that the applicant agreed to limit freestanding
signage to 32 square feet in area. He noted that each licensed child care and adult day
services facility located in a residential district must submit a Conditional Use Permit for
their business that will be reviewed at a public hearing by the Zoning Board of
Adjustment.
Commissioners Norton and Roussell expressed support for the request stating that they
understood the need for adequate signage and improved visibility for motorists.
Motion by Christ, seconded by Russell, to amend Sections 8 and 15 of the Unified
Development Code to establish allowable signage for adult day care services and
Zoning Advisory Commission Minutes Page 5
August 2, 2017
licensed child care facilities in residential districts. Motion carried by the following vote:
Aye — Russell, Roussell, Baumhover, Christ, Norton and Henschel; Nay — None.
ITEMS FROM PUBLIC: None.
ITEMS FROM STAFF: None.
ITEMS FROM COMMISSION: None
ADJOURNMENT: Motion by Christ, seconded by Russell, to adjourn the meeting.
Motion carried by the following vote: Aye — Russell, Roussell, Baumhover, Christ,
Norton and Henschel; Nay — None.
The meeting adjourned at 7:00 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted