Minutes Zoning Adv C. 8 14 02 MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
Wednesday, August 14, 2002
6:30 p.m.
Auditorium, Carnegie Stout Library
360 W. 11th Street. Dubuque, Iowa
PRESENT:Chairperson Eugene Bird, Jr.; Commissioners Ron Smith, Martha Christ, Jeff
Stiles, Ben Roush; Staff Members Kyle Kritz and Guy Hemenway.
ABSENT:Commissioners Stephen Hardie and Dick Schlitz.
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 July 10, 2002 meeting were approved unanimously as
submitted.
ACTION ITEI~PLAT OF SUVEY~MILLER: Application of Larry Miller for approval of the
Plat of Survey of Lot 1 and Lot A of West Ridge Third Addition, a Division of Lot 1-12,
Inclusive, & Lot 13-A of West Ridge Second Addition located at the end of Kane Street.
Larry Miller stated that he would like to subdivide his existing parcel into two lots. He said
Lot 1 will have the house on it. Staff Member Kritz said that Lot A will not have frontage on
a city street. He stated that an easement would provide access to the rear of the property.
He said that Lot A is wooded, and that the platted Kane Street was vacated last year. He
told Commissioners they have the ability to designate Lot A as non-buildable on the plat.
Commissioners discussed the request.
Motion by Stiles, seconded by Christ, to approve the Plat of Survey waiving Section IV,
Lots and Blocks, for lot frontage with the condition that LotA be designated "non-buildable"
on the plat. Motion carried by the following vote: Aye- Bird, Smith, Christ, Stiles and
Roush; Nay - None.
PUBLIC HEARING/REZONING/SCHNEIDER LAND SURVEYING/KIRPES: Application of
Schneider Land Surveying/Kevin Kirpes (tabled) to rezone property located at 3197
Hughes Court from AG Agricultural District to LI Light Industrial District.
Dave Schneider, Schneider Land Surveying, reviewed the submitted erosion control plan.
Bob Kirpes stated that he is Kevin Kirpes' father and reviewed the extent of the site
preparations that he and his son had undertaken to control soil erosion to date. He said
this included a berm, brush pile and drainage swale to limit erosion and direct storm water.
He explained that he will reseed the face of the fill when there is a pause in the filling
process through the use of hydro seeding. He also stated that upon conclusion of the
filling, he will dump topsoil across the back side of the fill and seed it so that there is no
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August 14, 2002
Page 2
exposed concrete or rock. Commissioners reviewed the erosion control plan. The
Commissioners stated that they had reviewed and substantially agreed with the erosion
control plan and rezoning request.
Motion by Stiles, seconded by Roush, to approve the rezoning from AG Agricultural to LI
Light Industrial. Motion carded by the following vote: Aye- Bird, Smith, Christ, Stiles and
Roush; Nay - None.
PUBLIC HEARING/REZONING/LUKSETICH: Application of Tom Luksetich, Luksetich &
Smith, LLC to rezone, property located at 3925 Doclge Street from C-3 General Commercial
District to PC Planned Commercial District.
Tom Luksetich and Steven Smith spoke in favor of their request. Mr. Smith said that
warehousing is more appropriate for the lower level of the former Menard's building. Tom
Luksetich said that retail would most likely be confined to the main level. Mr. Smith stated
that there may be some outside storage behind the building.
Staff Member Kritz reviewed the staff report stating that the applicants wish to re-use the
existing commercial building and rear storage lot with a mix of uses. He stated that for the
uses the applicants wants, a PUD is necessary. He said that there is 56,000 square feet of
retail or storage space on each level of the existing building. He said that the site also has
a large outdoor storage area. He discussed setbacks and signage for the PUD.
Chairperson Bird asked if warehousing is allowed in a C-3. Staff Member Kritz stated that
mini warehousing is allowed but not warehousing. Chairperson Bird asked about
screening of storage materials. Staff Member Kdtz said that screening is required only if
the materials could be disbursed by wind. Commissioner Stiles said that the PUD
represents a good compromise and that the mix of uses is compatible and appropriate for
the area.
Motion by Stiles, seconded by Bird, to approve the rezoning request as submitted. Motion
carried by the following vote: Aye- Bird, Smith, Christ, Stiles and Roush; Nay - None.
PUBLIC HEARING/REZONING/MOORE: Application of Ken Moore to rezone property
located at 2193/2195 & 2197/2199 Sunnyslope Drive (Southwest Comer of Camelot Drive
and Sunnyslope Drive) from R-4 Multi-Family Residential District to R-3 Moderate Density
Residential District.
Ken Moore reviewed his proposed rezoning, stating that R-3 zoning would allow
construction of duplexes where R-4 would not. Mr. Moore stated that he would construct
two-unit townhouses on each lot. Staff Member Hemenway reviewed the surrounding
zoning and land use. He stated that this request represents an expansion of an existing
R-3 district.
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August 14,2002
Page 3
Motion by Smith, seconded by Chris, to approve the rezoning as submitted. Motion carded
by the following vote: Aye- Bird, Smith, Christ, Stiles and Roush; Nay - None.
PUBLIC HEARING/REZONING/CITY OF DUBUQUE: Application of City of Dubuque to
rezone property located at 2701,2705 & 2711 Rhomberg Avenue from R-1 Single-Family
Residential District tc CR Commercial Recreation District and CS Commemial Service &
Wholesale District.
Leisure Services Manager Gil Spence reviewed his request, indicating that there are a
number of conditions he is asking to be part of the proposed rezoning. He stated that al
three property owners have agreed to the conditions in an informal purchase agreement.
Staff Member Hemenway reviewed the history of the site, past enforcement action and
surrounding zoning and land use. He reviewed the conditions noting that the last two may
not be appropriate for inclusion in a rezoning.
Commissioners reviewed each of the proposed conditions and their potential impacts. The
Commission also discussed whether the conditions are appropriate for including in the
rezoning request. Commissioners said they feel that the last two conditions should be
excluded.
Motion by Christ, seconded by Stiles, to approve the rezoning request with conditions 1-8
as outlined in the letter of July 10TM submitted by Gil Spence.
1 The storage of junk, salvage material, debris, unlicensed vehicles, inoperable
vehicles and automobile parts shall not be permitted outside on the property. All
vehicles parked and stored outside must display current state registration.
2) An occupant or owner of the property cannot engage in the business of a vehicle
recycler or vehicle salvager on the property as defined by Chapter 321H of the Iowa
Code and which would require a State vehicle recycler license.
3) An occupant or owner of the property cannot maintain a salvage yard or auto
salvage business on the property as defined in Chapter 29'1 of the City Code and
which would require a City license.
4) Storage of products, equipment, or materials 'in semi trailers or containers is
prohibited.
5) Building permits must be obtained for all existing structures that do not have a
building permit, and for all new structures.
6) Exterior storage of materials which could be blown into the airor strewn about by
the wind is prohibited.
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August14,2002
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7)Exterior storage of products, equipment or materials that are not accessory to or
necessary for the operation of the principal use is prohibited.
8)Extedor storage shall be limited to products, equipment or material that are
accessory to, and necessary for, the operation of the principal use. Extedor storage
must be 100% screened from view from adjacent public right-of-way. All exterior
entrances to a screened area must be provided with a gate or door of similar design
to the screen. The design and location of the screening must be reviewed and
approved by the Planning Services Department prior to installation.
Motion carded by the following vote: Aye- Bird, Smith, Christ, Stiles and Roush; Nay -
None.
TEXT AMENDMENT/CITY OF DUBUQUE: Application of the City of Dubuque to amend
the Zoning Ordinance to permit a second level in accessory structures.
Staff Member Hemenway reviewed the amendment to the Zoning Ordinance. He
explained the rationale behind eliminating the restrictions on the second level on
accessory structures. He stated that there have been several requests for large carriage
house and workshop-style accessory structures. He said the Zoning Board of Adjustment
has the ability to waive height requirements but not permit a second level. He stated that
commercial uses and dwelling units within garages are still prohibited through the
application of existing ordinance regulations. The Commission felt that the amendment is
logical and will give citizens the flexibility to build larger carriage house-style garages or
workshops that are sensitive to the historic nature and scale of older residences or
residences built on large lots.
Motion by Stiles, seconded by Roush, to approve the amendment. Motion carried by the
following vote: Aye- Bird, Smith, Christ, Stiles and Roush; Nay - None.
ITEMS FROM PUBLIC: Ron Wagner reviewed splitting several lots into multiple parcels.
Mr. Wagner provided a sketch outlining his proposed subdivision. Commissioners
reviewed the request and offered some recommendations on how Mr. Wagner may
subdivide the property that will meet the Commission's approval.
ITEMS FROM STAFF:
Proposed City of Dubuque Land Use Map and Proposed Dubuque County Land Use
Development Plan and Map:
Planning Services Manager Laura Carstens discussed the City/County planning process
with the Commission. She reviewed the City and County land use maps. She discussed
the County's draft plan. She also discussed the preliminary recommendations of~e Long
Range Planning Advisory Commission to ask the County to incorporate the City's
proposed land use map, to consider a joint City/County agreement for fringe area planning,
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August 14, 2002
Page 5
and to consider rezoning the surrounding County residential districts to their ohginal
agricultural zoning designation. She discussed several issues that the County is
considering to control growth, including bluff land preservation, access management and
paving requirements.
Commissioner Smith said that he does not want to restdct building and development in the
unincorporated areas, but he understands that access management and provision of
services are important factors in County development. He said that as a property owner,
he has concerns about the loss of value of his property if rezoned to agricultural.
Chairperson Bird said that the County originally rezoned in the 1970s to residential and
now wants to revert to the old agricultural zoning. Commissioner Stiles said that this land
use plan is a great tool for Commissioners and an asset to the community, which will help
in decision-making.
Commissioner Smith asked if a joint work session between the City and County Zoning
Commissions is possible. Staff Member Carstens said she would check to see if it would
be possible. Staff Member Carstens asked if Commissioners would be amenable to a joint
City/County Planning Commission meeting. The Commission answered in the affirmative.
Staff Member Carstens said she will contact the County regarding this request.
Chairperson Bird asked if a list of both the City and County zoning permitted uses is
available so that they could compare the uses. Staff Member Kritz noted this would be
somewhat problematic, since the County has "Euclidean" zoning, in which uses in the less
intense districts are allowed in the more intense districts.
ADJOURNMENT: The meeting adjourned at 8:15 p.m.
___________________________ _______
Kyle L. Kfitz, Associate Planner Adopted