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Minutes Zoning Adv C 7 10 02 MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, July 10, 2002 6:30 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa PRESENT: Chairperson Eugene Bird, Jr.; Commissioners Ron Smith, Stephen Hardie, Martha Christ, Jeff Stiles, Dick Schiltz and Ben Roush; Staff Members Guy Hemenway and Kyle Kritz. ABSENT: None. CALL TO ORDER: The meeting was called to order at 6:30 p.m. AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying that the meeting was being held in compliance with the Iowa Open Meetings Law. MINUTES: The minutes of the June 5, 2002 meeting were approved unanimously as submitted. ELECTION OF OFFICERS: Commissioner Smith nominated Eugene Bird Jr. for Chairperson. Motion by Smith, seconded by Christ, to elect Eugene Bird Jr. as Chairperson. Motion passed unanimously. Commissioner Smith nominated Richard Schlitz as Vice Chair. Motion by Smith, seconded by Hardie, to elect Richard Schlitz as Vice Chair. Motion passed unanimously. Commissioner Schlitz nominated Martha Christ as Secretary. Motion by Schiltz, seconded by Stiles, to elect Martha Christ as Secretary. Motion passed unanimously. ACTION ITEM~PRELIMINARY PLAT~FURUSETH: Application of Leslie Furuseth for approval of the preliminary plat of Wildwood Estates located on North Cascade Road in Dubuque County. Leslie Furuseth, 2165 North Grandview Avenue, spoke in favor of his request. He said that he represented his son, John Furuseth, and that he would like to subdivide a 230-acre tract that is prime for development. He stated the lots will be variously configured, including 13 3 to 20-acre lots, and a number of additional 1 to 3 acre lots. Staff Member Kritz outlined the staff report, stating that the enti .re development would have 74 lots on 230-acres. He said that there would be a 66-foot easement for the street, which complies with County standards for roadways. He said that each lot will have septic and a private well. He stated that, although there is no secondary access to the entire Minutes - Zoning Advisory Commission July 10, 2002 Page 2 development, topography does not lend itself to creating an additional access. He said that because the tree line is well away from the road, he does not anticipate blockage of the access due to downed trees resulting from a storm. Staff Member Kritz recommended approval of the subdivision plat. Motion by Schlitz, seconded by Smith, to approve the preliminary plat of Westddge Estates subject to waiving Section 4, Lots and Blocks. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schlitz, Roush and Bird; Nay - None. ACTION ITEM~FINAL PLAT~WALTON: Application of Bob Walton for approval of the final plat of Great Western Subdivision No. 4 located north of Peru Road. Bob Walton, RR2, Zwingle, Iowa, director of the Dubuque County Conservation Board, said that he has been working for over 10 years on the extension of the Heritage Trail. He said his request is to subdivide a portion of the former Great Western Railroad right-of-way next to Flexsteel Industries to create a trail area. He said that the area is able to be elevated above the flood plain, and he said that ultimately the trail will connect to the southern terminus of Heritage Trail at Highway 386. He said the trail would be hard surfaced. Staff Member Kfitz said he would answer any questions that the Commissioners may have. Motion by Hardie, seconded by Stiles, to approve the final plat of Great Western Subdivision No. 4 subject to waiving Section 4- Lots and Blocks. Motion Was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schlitz, Roush and Bird; Nay - None. ACTION ITEM/JANE O'NEILL: Application of Jane O'Neill to approval final plat of Lot 1 and Lot 2 of Higley Place in Dubuque County (north of U.S. 20 and west and Swiss Valley Road intersection). Jane O'Neill, 1006 Dunham Drive, stated that she is the agent for Mrs. Higley, who owns the 150-acre farm. She stated that Mrs. Higley wants to subdivide 45 acres with the house and out buildings and lease the balance of the property. Staff Member Kritz said that Lot 2 will have no frontage. He said access for Lot 2 will be by way of an easement. The applicant said that the lot in question was located in the southeast comer of the property and that is the lot that will be sold. Motion by Chdst, seconded by Schlitz, to approve the final plat of Lot 1 and Lot 2 of Higley Place in Dubuque County, subject to waiving Section 4- Lots and Blocks. Motion was approved by the following vote: Aye - Smith, Hardie, Chdst, Stiles, Schlitz, Roush and Bird; Nay - None. Minutes - Zoning Advisory Commission July 10, 2002 Page 3 PUBLIC HEARING~REZONING~UNIVERSITY OF DUBUQUE: Application of the University of Dubuque to rezone property located at 441 McCormick Street from R-1 Single-Family Residential District to ID Institutional District. Alan Burr, Vice President of Finance and Auxiliary Services for the University of Dubuque, said that the University needs additional office and meeting space. He stated the house the University is requesting to rezone will be used for the Tri-college ROTC Program. He stated that the current office will be removed from Goldthorpe Hall during the upcoming expansion. He stated that the subject property has three off-street parking spaces available and will have two employees. He stated that the University distributed 212 letters to neighbors and thus far has received no comments. Colleen Brannon, 883 McCormick Place, stated that the University does not maintain its existing properties. She also stated that parking is a problem in this neighborhood. She said that students violate the parking restrictions and this proposed office will add to the problems; She stated that she wants this area to be kept residential. Anna Heineman-Stevens said that her family owns property at 881 McCormick Place. She said that the University of Dubuque is no longer a good neighbor. She stated that the University has purchased two houses in the neighborhood and demolished them. She said that the University should maintain all their property equally, including property off- campus. She stated that the University's expansion has eroded the quality of the neighborhood. Mr. Burr stated that many of the houses that the University has purchased were substandard. He stated that the University has put from $5,000-15,000 in improvements in the buildings, and others that have not been improved currently are being used for storage. He stated that some of the demolition has occurred for future parking areas and for a construction staging area. He stated that one of the lots left after demolition will be used aS a small park area. He stated that some properties are maintained by campus maintenance and others are maintained by students. He said that the Dubuque Police patrol the residential parking permit district and that the University of Dubuque campus security patrols the campus parking areas. He invited the neighbors to contact him if they have any future problems with parking or building maintenance. Staff Member Kritz outlined the draft ordinance for the subject parcel. He stated that the language for this parcel is very restrictive and allows only office or residential use. He stated that the University will have to maintain the three parking spaces on the lot. Commissioner Hardie said that he wants to know which University owned properties lie outside of the ID district. He stated that the University should supply a map with addresses of these properties. Minutes - Zoning Advisory Commission July 10, 2002 Page 4 Motion by Stiles, seconded by Christ, to approve the rezoning from R-1 Single-Family Residential to ID Institutional District. Motion was approved by the following vote: Aye- Smith, Hardie, Christ, Stiles, Schlitz, Roush and Bird; Nay- None. Commissioner Hardie requested that Mr. Burr furnish City staff with a map indicating those properties outside of the current institutional district that are owned by the University of Dubuque, but not has part of their current rezoning request. Mr. Burr said that he would furnish a map. PUBLIC HEARING~REZONING\SCHNEIDER LAND SURVEYING/KIRPES: Application of Schneider Land Surveying/Kevin Kirpes to rezone property located at 3197 Hughes Court from AG Agricultural District to LI Light Industrial District. Dave Schneider, Schneider Land Surveying, stated that he represents Mr. Kirpes and he reviewed with the Commission the status of the existing property noting topography and the location ofthe flood plain. He discussed the proposed use of the property, stating that an additional industrial steel building would be built on the lot. Staff Member Hemenway reviewed the staff report noting the surrounding land use and zoning. He stated that the area to be rezoned is located along, but outside of, the flood plain. Commissioners discussed the provision of erosion control on the site to prevent siltiflcation of Catfish Creek during the filling process. Commissioners also discussed storm water detention and decided to table the request and asked the applicant to provide a detailed erosion control plan prior to the next meeting. Motion by Hardie, seconded by Christ, to table the proposed request. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schlitz, Roush and Bird; Nay - None. PUBLIC HEARING\I~FXONING\TSCHIGGFRIE: Application of Ed Tschiggfrie to amend the PUD Planned Unit Development for Alpine Park Community, located south of Tanzanite Drive, to allow a 12-foot by 25-foot sign and to place sidewalk along one side of the street only. Chairperson Bird excused himself from the table due to a conflict of interest. Ed Tschiggfrie, 400 Julien Dubuque Ddve, reviewed his request with the Commission, noting that the cost of installing a sidewalk on both sides of the street will prove to be very expensive. He said he estimated that eliminating sidewalks from one side of the project would save approximately $100,000. He stated that the proposed 300 square foot sign would help to advertise the development and sell home sites. He stated that the location is relatively isolated and the sign would attract attention to the development. Commissioners discussed the request, asking about the number of families and children in the existing phase of the development. Staff Member Hemenway reviewed the staff report, noting the location of the proposed sign, the size of the development and the signs allowed Minutes - Zoning Advisory Commission July 10, 2002 Page 5 in other residential areas throughout the community. He stated that the current request is 10 times the size of a typical development identification sign. Commissioners discussed the request, sign size and the purpose and intent of the real estate development sign. Commissioners felt that the sign was used to both advertise the development and to identify the development location. Commissioners discussed the need for sidewalks throughout the development. They noted that no other mobile home parks within the city have sidewalks. Motion by Stiles, seconded by Smith, to approve the amended PUD as submitted. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schlitz, and Roush; Nay - None; Abstain - Bird. PUBLIC HEARING~REZONING~,STEWART: Application of Wayne & Lynn Stewart to rezone property located along Old Highway Road in Dubuque County, in conjunction with annexation, from County M-1 (with conditions) to City LI Light Industrial District. PUBLIC HEARING~REZONING~STEWART: Application of Wayne & Lynn Stewart to rezone property located on the southwest corner of Old Highway Road and Seippel Road from R-1 Single-Family Residential District to CS Commercial Service and Wholesale District. Chairperson Bird asked that both Stewart rezoning requests be heard simultaneously and voted on independently. Flint Drake stated that he is representing Wayne Stewart. He stated that the 20-acre parcel zoned County M-1 is conditioned and limited to mini-warehousing only. He said that M-1 zoning is similar to the City's Light Industrial zoning, but that Light Industrial is more flexible and affords more uses. He discussed adjacent land use and said that the 20-acre parcel is ideal for light industrial uses because of its access to a potential rail spur. He stated that the property is lower than the surrounding area and has relatively close access to the four-lane Highway 20. He stated that the annexation study completed by the City said that industrial use is appropriate for this area. He said that the houses surrounding the industrial uses in this area may not be appropriate. He said that the 25-acre parcel to the east proposed for rezoning to CS is currently comprised of five 5-acre lots, was originally subdivided and marketed by Mr. Stewart as small horse ranchettes. He stated that Mr. Stewart would have between $60,000-65,000 in each lot after fully developed, and said that he cannot market lots at that cost. He stated that the proposed businesses would generate little traffic allowed by the CS district. He Said that Mr. Stewart planned to leave a 20-foot high grass berm as a screen between the commercial property and the residential development across Old Highway Road. He stated that the property is not marketable as residential, and that commercial service woutd present a non-intensive clean alternative to the proposed residential development. Minutes - Zoning Advisory Commission July 10, 2002 Page 6 Kevin Kotz, 14969 Old Highway Road, referred to County Zoning meeting held on March 29, 2000. He said that the neighbors had agreed to the original rezoning with its natural progression from industrial mini-warehousing to residential. He said the Commission should realize that they make long-term land use decisions and that the original rezoning approved was logical. He said that the residential neighborhood consisted of more than five houses, and that the neighborhood extends to other houses in the area. He said he has concerns with the increase in heavy truck traffic that would be generated by commercial and industrial users. He said that commercial and industrial use would also generate pollution, noise and excessive lighting. He stated that the neighbors are concerned with children's' safety in this area. He said that Mr. Stewart has excavated the property, lowering the lot, and that the excavation is currently eroding into the creek with no mitigation measures. He submitted a petition signed by 85 people in opposition to the proposed rezoning. He also distributed a map indicating the properties in opposition. He said that Mr. Stewart's request represented a spot zone and that rail access is not necessary for the industrial lots. He stated that he would like to see new residential development in this area, not commercial and industrial. Janeil Kotz, 14969 Old Highway Road, said that the Landfill, Fairgrounds and Highway 20 are relatively far away from their neighborhood. She said that the Annexation Study did not call for industrial development at this location. She said that the neighborhood would like to remain residential. Tom Zihlman, 15105 Old Highway Road, stated that he is a new homeowner in the neighborhood. He said he wanted to move to a rural area close to town. He said that there is a church close by with much church-related activity and many children in daycare. He said that he is concerned with the lights, traffic and noise that may be generated by a commercial development. He said that Mr. Stewart has left the property sit idle for a long time. He said that if the property is resubdivided into smaller lots, it would be more marketable for residential development. He said that his house is approximately nine years old. Joe Fleckenstein, 15033 Old Highway Road, said that there are weeds growing across the road from his property. He said that he can see the development from his property. He said that he does not want to see more traffic in this area. He said if Mr. Stewart would reduce the lot size, it would increase the desirability. He said that he feels the area should be kept residential. Jane Boge, 15071 Old Highway Road, stated that she lives across Old Highway Road from the proposed rezoning and that she operates a day care. She said parents whose children attend her day care are concerned with an increase in traffic. She said that she would like the area to remain zoned residential. She said she is concerned with truck traffic and that she has not received a letter regarding the rezoning. Delbert Brimeyer, 12721 Seippel Road, discussed the map of the development. He said that commercial development is not appropriate in this area. Minutes - Zoning Advisory Commission July 10, 2002 Page 7 Mike Chapman, 12761 Seippel Road, said that Mr. Stewart has not developed the land and that it has sat idle for several years. He said that the land should remain single-family residential or revert back to agricultural zoning. Pat Welch, 14691 Old Highway Road, stated that he lives on the corner of Old Highway Road and Seippel Road, and is concerned with an increase in traffic in this area. He said that he feels the land should remain zoned residential. Mason Cate, 12271 Seippel Road, outlined the zoning and land use adjacent to his property. He said he objects to traffic being routed along the west side of his property. He said that this area is more appropriate for small lot residential development. Lisa Zenner, 11433 Cottingham Road, said she is concerned with commercial development-at this location. She said it is just as costly to extend services to a commercial property as it is to residential property. She said she is concerned with an increase in truck traffic. Karl Kotz, 15188 Humke Road, said that he feels the area should remain residential. He said that the area has changed from undeveloped wooded area to residential and should not be converted to a commercial or industrial use. Lori VanTiger, 15105 Old Highway Road, said that she lives in the neighborhood and that she feels development across from her home would decrease the value of her property. She said that residential development is encircling the area, not vice versa. Staff Member Kritz explained that letters were sent to all neighbors; however, they were addressed with a Dubuque versus a Peosta address by mistake. He said that when the mistake was discovered the addresses were corrected and the letters remailed. Flint Drake stated that commercial service and light industrial districts serve as a transition adjacent to residential development. He said residential development at this location is not marketable. He said that uses permitted in the CS district are the least intensive that Mr. Stewart could locate next to residential. Mr. Drake said that the property to the west of Mr. Stewart's development is industrial and, therefore, this is not a spot zone, but an expansion of an existing zone. He said the compelling reason to rezone this property is because residential does not work at this location. He said that the residential community's cohesiveness will not be affected by businesses across Old Highway Road. He said that Mr. Stewart is waiting to find tenants for which he can build to suit. He stated he feels more traffic would be generated by the residential development than by a commercial development. He said that commercial lots are more valuable at this location and businesses can afford to pay for utility extensions and improvements to the property. Staff Member Kdtz distributed an e-mail submitted by Kelly Allen. Staff Member Kritz outlined the staff report discussing Mr. Stewart's two-part zoning request. He stated that a portion of the property is outside of the corporate limits in the County, and an annexation is required before the zoning would be valid. He discussed uses permitted in a CS District, Minutes - Zoning Advisory Commission July 10, 2002 Page 8 and stated that traffic in this area will increase regardless of development of the Stewart property because of an increase in development in the County and in the City's industrial park. He said that the annexation study indicates that this area is appropriate for industrial development, but, the study was not specific to this property. He said that light industrial development would have many more uses than are currently allowed by the conditioned County M-1 zoning district. Chairperson Bird said that he feels that changing the property from M-1 to LI Light Industrial is too intense and that the current industrial users in the area - Addoco Pallet and the tank farm, are separated from the residential properties by railroad tracks. He stated that residential zoning is appropriate on the 25-acre parcel. Commissioner Schlitz said that light industrial zoning is not consistent with what is currently allowed under conditioned County M-1. He stated that the current zoning serves as a more appropriate transition to the residential development. Motion by Christ, seconded by Stiles, to approve the rezoning from County M-1 with conditions to City LI Light Industrial District. Motion was denied by the following vote: Aye - None; Nay - Smith, Hardie, Christ, Stiles, Schlitz, Roush and Bird. Motion by Christ, seconded by Stiles, to approve the rezoning from R-1 Single-Family Residential to CS Commercial Service and Wholesale District. Motion was denied by the following vote: Aye - None; Nay - Smith, Hardie, Christ, Stiles, Schlitz, Roush and Bird. PUBLIC HEARING~TEXT AMENDMEN'I3,SCHUMACHER/LAMAR ADVERTISING: Application of Jim Schumacher/Lamar Advertising to amend Section 4-3.2 of the City of Dubuque Zoning Ordinance regarding the definition of off-premise signs. James Schumacher, Lamar Advertising, reviewed his proposed text amendment to modify the definition of off-premise signs. Mr. Schumacher stated that the amendment was wdtten in response to notices of violations issued by the City for existing Lamar Advertising signs. Mr. Schumacher stated that City staff has changed its interpretation of the Ordinance regarding off-premise signage. Mr. Schumacher distributed pictures of billboards that he said clearly demonstrated on-premise advertising. He discussed a series of events that lead up to the notice of violations and the resulting request to amend the Zoning Ordinance. Mr. Schumacher discussed the difference between outdoor advertising structure and a permanent freestanding sign for a business. Mike Coyle, representing Calcars of Champagne, stated that his client rents property and also rents advertising space from Lamar Advertising. Mr. Coyle reviewed Section 414 of the Iowa Code stating that it stipulates the powers the City has regarding zoning. He stated that the City is practicing censorship. Eugene Bird stated that he was the original complainant. He discussed the permits necessary for billboard structures and for on-premise signs. Mr. Bird reviewed the series Minutes - Zoning Advisory Commission July 10, 2002 Page 9 of events that lead up to the filing of the complaint. He stated that he feels the ordinance is clear and establishes a distinction between off and on-premise signage. Mr. Schumacher reviewed several ordinances from other jurisdictions stating that they contain language similar to the amended language he has proposed. Mr. Schumacher reviewed the purpose of outdoor advertising and discussed the Dane County and Prairie Du Chien sign ordinances. He stated that he should have the authority to regulate the copy on his outdoor advertising signs. Staff Member Hemenway reviewed the staff position regarding specific billboards submitted by Mr. Schumacher. He discussed the past enforcement history and discussed the issue of censorship. He reviewed the definition of on and off-premise signage, and stated the rationale behind regulating signs differently. Commissioner Smith asked about the rationale for separation of off-premise signage. Commissioner Schlitz stated that the Commission should establish the issue of ownership of land that the billboard is placed on. Commissioners Smith and Schlitz felt that they should support local businesses and not place additional roadblocks in their way. The Commission discussed the consistency of application of the sign regulations and the historical interpretation of the Ordinance language. Commissioners felt that while Lamar may faithfully follow the proposed ordinance language, there may be other firms that would take advantage of the potential increase in on-premise signage. Commissioners felt that the definition of on- and off-premise signage is clear-cut and serves to separate each type of signage. Motion by Chdst, seconded by Smith, to approve the amendment to Section 4-3.2 of the Ordinance regarding the definition of off-premise signs. Motion was denied by the following vote: Aye - Smith and Schlitz; Nay -, Hardie, Christ, Stiles and Roush; Abstain- Bird. ADJOURNMENT: The meeting adjourned at 10:30 p.m. Kyle L. Kdtz, Associate Planner Adopted