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Minutes Zoning Adv C. 9 4 02 MINUTES ZONING ADVISORY COMM REGULAR SESSION Wednesday, September 4. 2002 6:30 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street. Dubuque. Iowa PRESENT: ABSENT: Chairperson Eugene Bird, Jr.: Commissioners Stephen Hardie. Ben Roush, Ron Smith, Martha Christ and Jeff Stiles: Staff Members Guy Hemenway and Wally Wernimont. Commissioner Dick Schittz. CALL TO ORDER: The meeting was called to order at 6:30 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 August 14, 2002 meeting were approved unanimously as submitted. ~INAL PLAT~CITY OF DUBUQUE: Application of the City of Dul~uque for approval of the Final Plat of Lots 1 thru 8, Block 4 of Tiffany Ridge located o~ Tiffany Court. ,- Gil Spence, City of Dubuque Leisure Services Manager, discussed the City s n,quest to subdivide a remnant parcel south of Phase IV of the Northwest Arterial into eigh lots and sell the lots to adjacent property owners. He stated that the City received a large land as a gift. He said that the new arterial alignment bisected the property north portion was dedicated to Marshall Park. He said that the south portion is la and of no use to the City. He stated that there is a preliminary agreement to sell residential property owners on Tiffany Court. parcel of I that the ldlocked le lots to Staff Member Hemenway explained the plat to Commissioners noting which property would be subdivided. Commissioner Hardie recommended that the lots be labeled non-buildable to prevent houses being built on lots that are not permitted access off the Northwest Arterial. Commissioner Smith'agreed. Motion by Hardie, seconded by Stiles. to approve the Final Plat of Lots 1 thru 8, Block 4 of Tiffany Ridge with the condition that the lots be labeled non-buildabte. Motion carried by the following vote: Aye - Smith, Hardie Christ, Stiles, Roush and Bird; Nay - None. Minutes - Zoning Advisory Commission September 4, 2002 Page 2 PUBLIC HEARING\REZONING\SPEAR: Application of Kathy Spear to rezone property located at 2531 John F. Kennedy Road from R-1Single-Family Residential District to C-2 Neighborhood Shopping Center District. Kathy Spear discussed her application with the Commission stating that she had been operating a landscaping business at this location for a long period of time. She said that she grows plant materials on the lot and sells them off-site. She stated that she wished to sell the plants on the property as a matter of convenience. She stated that she would remove an existing shed and build a new building and parking on the property in the future. She stated that she has contacted adjacent property owners regarding her proposal. Mary Ashton, 3344 Tibbie Court, stated that she is concerned with the rezoning because subsequent property owners may redevelop the property for other commercial uses that may be more intensive. She read a letter from neighbor Mary Wilson at 3315 Kaufmann Avenue outlining concerns with traffic and storm water runoff, which she said drains into the back yards of adjacent residential properties. She also presented photos to the Commission illustratin~ local flooding in the neighborhood after a storm. Rose Beaves, 3335 Kaufmann Avenue. stated that she is concerned with traffic and children's safety in the back yards. She also stated that she is concerned with storm Water runoff and the impact of commercial activity on the value of her property. Lois Neyens, 3358 Tibbie Court, stated that she is concerned with traffic, especially at the intersection of John F. Kennedy Road and Kaufmann Avenue. Kathy Spear stated that she is willing to provide a detention basin to control storm water runoff from her parking area. She noted that the parking will be located at the front of the property. She stated that she is not going to sell her house or property in the immediate future. Staff Member Hemenway presented the staff report, noting that the applicant is proposing to convert an existing garage and work building into a garden shop. He defined a non- commercial nursery and stated that these nurseries are permitted in residential districts. He noted that the lot must be split to enable the commercial use to be separate from the residential use. He said three parking spaces will be required for the commercial use an.d that the access drive, vehicle circulation area and parking will have to be paved. He also stated that there will be two paved parking spaces required for the residential lot. He noted that the site plan addresses storm water runoff but that the Engineering Department may not require a detention basin for a small parking lot. commissioner Hardie questioned the size of the residential and commercial lots. He also asked what portion of the lots would be paved. Commissioner Smith asked if there were parking spaces required for service vehicles. Staff Member Hemenway described existing non-conforming uses on John F. Kennedy Road north of the subject ;property and discussed surrounding residential and commercial uses. Commissioners discussed the possibility of the less intensive C-1 zoning, which they said permits a flower shop/garden store and greenhouse. Staff Member Hemenway stated that the applicant's original Minutes - Zoning Advisory Commission September 4, 2002 Page 3 request was for a landscaping business, which is not permitted in a C-1 District. He said a garden shop/flower store is permitted. The applicant stated that she plans to continue her nursery and landscaping business, but that she will not use large equipment or transplant large trees. Chairperson Bird stated that this request represents a spot commercial zone. which ~s surrounded by sing e-family residential zomng. The applicant reiterated surrounding land uses. Commissioner Hardie stated that he would be amenable to approving a C-1 district with conditions - striking drug and grocery stores and requiring storm water detention. Kathy Spears stated that she would be sensitive to adjacent residential properties and that she would not store large equipment, gravel or wood chips on her site. Motion by Stiles, seconded by Christ. to approve the rezoning as a C-1 District, eliminating uses'l 1.12, 13, 18 and 20 and with the condition that storm water detention be provided on-site. Motion carried bythe following vote: Aye- Hardie Christ, Stiles, Roush and Bird; Nay - Smith. PUBLIC HEARING~REZONING~FRIEDMAN/RADFORD ROAD DEVELOPMENT: Application of Patricia Friedman/Radford Road Development to rezone property located along Radford Road from C-2 Neighborhood Shopping Center District to PC Planned Commercial District. Pat Friedman said she represents Radford Road Development. She stated the property is currently zoned C-2 and that the somewhat limited uses permitted in a C-2 district make it difficult to market. She said she has been contacted by clients interested in developing the site for purposes other than those permitted in a C~2 district. She noted that the uses proposed for the planned commercial distdct come from a variety of zoning districts. Mark Quade, 13379 Swiss Valley Road, stated that he represents property owners to the south of the proposed rezoning. He stated that he is in support of the rezoning. Staff Member Hemenway presented the staff report, noting that the planned commercial distdct expanded the uses permitted from 22 to 39. He described the surrounding commercial and residential proper[les. He discussed the proposed bulk regulations which he said were default C-2 standards. He referred to the conceptual plan, noting the setbacks for structures located within the parcels. He outlined the C-2 sign regulations. Commissioner Hardie discussed eliminating indoor restaurants, drive-in/carry-out restaurants, lumbar yards, laboratories, outdoor recreation, auto sales and service. warehouses and motorcycle sales and service from the district, because they are not appropriate adjacent to residential properties. He also said he feels screening should be required for all property lines abutting a residential zone. Motion by Chdst. seconded by Smith. to approve the rezoning to C-2 with the condition that indoor restaurants, drive-in/carryout restaurants, outdoor recreation facilities, auto sales and service, motorcycle sales and service, lumber yards/building material sales. Minutes - Zoning Advisory Commission September 4, 2002 Page 4 warehousing and storage facilities and laboratories for research and engineering be stricken from the list of permitted uses and that screening be required along t[qe common boundary with residential districts. Motion carried by the following vote: Aye - Smith. Hardie, Christ, Stiles, Roush and Bird; Nay o None. PUBLIC HEARING\REZONING~FRIEDMAN/LEE MANOR INVESTMENTS, LTD: Application of Patricia Friedman/Lee Manor Investments, Ltd. to rezone property located at 1875-1895 University Avenue from C-1 Neighborhood Commercial District to C-2 Neighborhood Shopping Center District. Pat Friedman introduced Joyce Edward of Lee Manor Investments. Ltd. She noted that an application for a conditional use permit for a carryout restaurant, for this property was approved by the Zoning Board of Adjustment. She noted that a C-2 District is required to enable the property owner to open a coffee shop. Jane Edward stated [hat she has received positive input from the neighborhood and the college. Ms. Friedman noted that redevelopment of the seco, nd building on the lot is limited by existing parking requirements. Staff Member Hemenway presented the staff report. He noted the history of uses for the building, stating that it was a former carryout restaurant; however, it had lost its grandfather status. He noted that the conditional use approved by the Zoning Board of Adjustment required a permanent barrier be placed in the visibility triangle to limit parking and improve visibility. Commissioner Roush asked about sign requirements for the C-2 District. Staff Member Hemenway noted that in a C-2 district, two 100-square foot signs, one bf which may be freestanding, were permitted. Commissioners discussed the site and noted concerns with traffic. Commissioners discussed possible traffic management scenarios including requiring one-way access or elimination of parking in the front of the building. Commissioner Roush noted that the traffic is heavy, especially early in the morning, at the intersection of Delhi and University. Commissioners discussed parking.requirements for the two structures. Commissioner Hardie stated that he feels that a gas station and an automated gas station would not be appropriate at this location. Motion by Christ, seconded by Stiles, to approve the rezoning from C-1 to C-2 Neighborhood Commercial District with the condition that a permanent barrier be erected in the visibility triangle at the corner of Auburn and University and that gas station and automated gas station be removed the list of permitted uses. Motion carried by the following vote: Aye - Smith, Hardie, Christ and Stiles; Nay - Roush and Bird. PUBLIC HEARING~TEXT AMENDMENT: Application of City of Dubuque to amend Section 5-3.4 of the Zoning Ordinance to eliminate the stipulation in a conditional use permit that an applicant has 6 months to obtain a building permit and to begin construction or obtain an occupancy permit, if required. Commissioners discussed the request to extend the period of validity for conditional use permits. Staff Member Hemenway noted that the Zoning Board of Adjustment approved of Minutes - Zoning Advisory Commission September 4. 2002 Page 5 the recommendation. He outlined the rationale for extension of the period of validity. Commissioners felt that the extension was warranted. Motion by Hardie. seconded by Smith, to approve the text amendment as submitted. Motion carried by the following vote: Aye - Smith. Hardie, Christ, Stiles, Roush and Bird: Nay - None. ADJOURNMENT: The meeting adjourned at 8:30 p.m. Guy Hemenway, Assistant Planner Adopted