Minutes Zoning Advisory 6 5 02 MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
Wednesday, June 5, 2002
6:30 p.m.
Auditorium, Carnegie Stout Library
360 W. 11th Street, Dubuque, iowa
PRESENT: Chairperson Eugene Bird Jr.; Commissioners Ron Smith, Steven Hardie,
Martha Christ, Jeff Stiles, Dick Schultz, and Ben Roush; Staff Members Kyle
Kritz 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 6:30 p.m.
MINUTES: The minutes of the May 1, 2002 meeting were approved unanimously as
submitted.
ACTION ITEM/FINAL PLAT: Application of Frank & Marilyn Ehrlich/Donald Skelton for
approval of the final plat of Vista Heights 2nd Addition located at 13434 N. Cascade Road
in Dubuque County.
Frank Ehdich said that he wants to settle an estate by reconfiguring three existing lots into
three new lots. He said that he and his brother will retain two of the lots and sell the third
one. Staff Member Kritz stated that each of the three lots will have one house on them and
that he recommends approval of the final plat.
Motion by Schlitz; seconded by Smith, to approve the final plat as submitted. The motion
was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schlitz, Roush,
and Bird; Nay- None
PUBLIC HEARING\REZONING\UNIVERSITY OF DUBUQUE: Application of the
University of Dubuque to rezone property located on the north side of U.S. Highway 20,
300 feet east of Devon Drive from PC Planned Commercial District to ID Institutional
District to allow construction of a new soccer field and parking lot.
Tracey Wagner, Vice President of Finance for the University of Dubuque, introduced Alan
Burr of the University of Dubuque and Jim Kaune of llW Engineers. She referred to the
information provided by the University of Dubuque to the Commissioners and their agenda
packet. She outlined the recent property history for the University of Dubuque including
the Planned Commercial rezoning for the property in question. She discussed the time
frame for development and asked Commissioners to recommend approval of the rezoning
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June 5, 2002
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from PC Planned Commercial District to ID Institutional District. She said that the
University of Dubuque is interested in developing a portion of the property for a soccer
complex. She stated that the Iowa Department of Transportation has continued to grant
approval for the right-in/right-out access.
Ms. Wagner stated that the University of Dubuque mailed information regarding the
rezoning to 200 neighbors in the area and received only one response. She said thatAlan
Burr met with the neighbor and discussed the concerns. She stated that the soccer field
would be built below the grade of the back yards along Princeton Place. She outlined the
soccer schedule and also discussed the development schedule for the fields and the
associated access and parking. She stated that the field would be built first and
depending on fundraising activities, the access for the parking would be completed later.
She asked that the Commission approve the University of Dubuque project.
Robert Schreiber, 40 Devon Drive, stated that the soccer complex will be built behind his
property one lot removed from his lot. He submitted a letter to the Commission and asked
three questions. 1) He asked if the access location requires notification to the Iowa
Department of Transportation or approval by the Iowa Department of Transportation; 2)
whether the Iowa Department of Transportation has plans for changes to Highway 20
including improvements with the addition of turning lanes. He stated that if a turning lane
is added for west bound traffic turning north on Devon will the location of the access
interfere with the location of the turning lane; 3) if the long term plans for Highway 20
include bringing the road up to the standards of the reconstructed highway east of the
bridge.
Mr. Schreiber stated that the original highway improvements included the elimination of
driveway access and asked if the University of Dubuque access would prevent bringing the
highway up to the same standards as the completed section of the highway.
Alan Burr discussed the access issues. He said that the Iowa Department of
Transportation and the Dubuque Metropolitan Area Transit study approved the proposed
access and stated that they saw no conflict with the right-in right-out access. He stated
that Iowa Department of Transportation will not improve Highway 20 at that location for
some time and that the University of Dubuque could choose to use this access road in the
short term.
Staff Member Kritz said that the Iowa Department of Transportation approved the
University of Dubuque access lane and that the access will not be affected in the short
term. He discussed traffic and street configuration for the area. He stated that the City
Engineer also approves the proposed access. He stated that the Engineering Division
wants to extend the sidewalks in this area and insure that the access road to the soccer
complex would not provide uninhibited short cut through campus. He stated the University
of Dubuque agrees with the Engineering Division's position. He also stated that the site
plan would insure that lighting is done in such a manner as to be sensitive to the
surrounding neighborhood.
Minutes - Zoning Advisory Commission
June 5, 2002
Page 3
Commissioner Stiles asked about the extension of the future roadway as indicated on the
site plan. Tracey Wagner said that the University of Dubuque is still studying the issue.
Martha Christ asked if parking will spill over onto Princeton Place and if people attending
the soccer match will cut through the back yards along Princeton Place to access the
fields. She recommended that a fence be used to prevent cut-through traffic. Ms. Wagner
said that the University of Dubuque will consider that problem and may use temporary
fencing.
Commissioner Kritz asked if the port-a-potties would be removed after every game. Ms.
Wagner said yes. Commission Chair Bird asked if the Commission wanted these
conditions placed on the rezoning. Commissioner Hardie stated that he feels that
conditions are necessary and he hopes that a fence would not be needed. He stated that
if the fence is needed, he trusts that the University of Dubuque will be sensitive to the
neighbors' concerns. Staff Member Kritz stated a temporary fence could suffice during
soccer season. Chairperson Bird said that he trusts the University of Dubuque to address
these concerns and to resolve any issues that may arise regarding parking and cut through
traffic. Ms. Wagner said that she anticipates a small spectator population at the soccer
games. She stated that it is not given that the access road and parking will be completed
in the short term. Alan Burr stated that he anticipates 30-40 cars and one visitor bus for a
typical soccer event. Mr. Burr stated that the existing parking is appropriately 900-1,000
feet from the proposed soccer fields.
Motion by Stiles; seconded by Christ to approve the rezoning as submitted. The motion
was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schlitz, Roush and
Bird; Nay- None.
ITEMS FROM STAFF: Revisions to Zoning Advisory Commission Bylaws. Staff member
Hemenway reviewed the three proposed changes for the bylaws. The Commissioners
discussed the recommended changes and agreed that they are positive changes.
Commissioner Hardie recommended that the language in the Bylaws Section 7 be
changed from what is recommended that Commission approve a motion and to it is
recommended that the Commission consider a motion.
Motion by Schlitz; seconded by Smith, to approve the change to Bylaws Article 4 Section 1
under term of office to eliminate no person shall serve more than 2 consecutive terms in
any one office.
Motion by Stiles; seconded by Christ, to approve the change in Bylaws Section 5 change
in the procedure to read one applicant make presentation; 2) to public commentators; 3)
applicants rebuttals; 4) staff report and recommendation; 5) consideration by Commission
and vote. Aye - Smith, Hardie, Christ, Stiles, Schlitz, Roush, Bird; Nay - None.
Motion by Smith; seconded by Christ; to approve the addition to Section 7 of number 3
stating when there is less than a full Commission, and a zoning change is denied for lack
of at least 4 affirmative votes, it is recommended that the Commission consider a motion to
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June 5,2002
Page 4
rehear the request at the next regular meeting. Commissioners discussed public policy
including asking for public input at reconsiderations. Commissioners agreed that this was
a good idea.
ADJOURNMENT: The meeting adjourned at 7:15 p.m.
Kyle L. Kritz, Associate Planner Adopted