Minutes Zoning Advisory Commission 2 4 09THE CITY OF Dubuque
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MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
Wednesday, February 4, 2009
6:30 p.m.
City Council Chamber, Historic Federal Building
350 W. 6th Street, Dubuque, Iowa
PRESENT: Chairperson Jeff Stiles; Commissioners Tom Henschel, Charlie Miller,
Patrick Norton, Martha Christ, Stephen Hardie and Ron Smith; Staff
Members Kyle Kritz and Guy Hemenway.
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 January 7, 2009 meeting were approved unanimously, as
submitted.
ACTION ITEMIPLAT OF SURVEY: Application of Steve Smith for approval of the Plat of
Survey of Northrange Industrial Park No. 3 located on Pennsylvania Avenue.
Commissioner Ron Smith excused himself from the table due to a conflict of interest.
Steve Smith, 4962 Asbury Circle, detailed his request for a lot split. He described the
location of the lot.
Staff Member Kritz outlined the request noting a previous condition placed on the property
requiring that a public street be created in an effort to limit the number of curb cuts onto
Pennsylvania Avenue. He discussed the platted easement for a potential street extension
from Pennsylvania Avenue to Wolff Road. He discussed lot frontage for each of the three
the effected parcels. He discussed the property history and said that the Commission's
charge is to determine whether or not the street must be extended before the lot split can
occur. He reviewed past Zoning Advisory Commission action regarding the lots. He said
access to the proposed lot would be taken from Pennsylvania Avenue.
Minutes -Zoning Advisory Commission
February 4, 2009
Page 2
Commissioner Hardie said that he feels the original intent of the Commission was to
minimize the number of curb cuts onto Pennsylvania Avenue. Staff Member Kritz stated
that access could be taken from the proposed street easement to the lot.
Commissioners discussed the request. Commissioner Henschel asked if access could be
taken through the adjacent property. Staff Member Kritz noted that the adjacent property is
privately owned and that the property owner would have to agree to a shared access.
The Commission discussed the request and felt that the new lot should be accessed
through the existing roadway easement.
Motion by Hardie, seconded by Miller, to approve the Plat of Survey of Northrange
Industrial Park No. 3 with the condition that access to the subject lot is taken exclusively
through the roadway easement along the eastern boundary of said lot. Motion carried by
the following vote: Aye -Hardie, Christ, Norton, Miller, Henschel and Stiles; Nay -None;
Abstain -Smith.
ACTION ITEMIPRELIMINARY PLAT: Application of David Chapin/Steven Schmidt for
approval of the Preliminary Plat of Tanglewood Subdivision.
Steven Schmidt, land surveyor for MSA Services, reviewed the proposed preliminary plat.
He said that the proposed subdivision is approximately 1.8 miles from the City limits and is
adjacent to Hickory Acres Subdivision. He said that the property owner has been working
with the County for approximately one year to develop the property. He reviewed the
proposed open space, recreation and storm water detention area. He said that the
subdivision would be developed in three phases. He said it is Mr. Chapin's intent to
preserve as many of the mature trees on the site as possible, using covenants. He noted
the location of a gas line through the subdivision. He said that they have discussed the
project with the Dubuque Regional Airport Manager and that he had no objections to the
subdivision.
Pat Ready, engineer for MSA Services, 2867 Wedgewood Drive, discussed the on-site
septic systems and the adjacent packaged treatment plant. He said that the adjacent plant
did not have adequate capacity for the proposed subdivision. He said that water will be
provided by 8 cluster wells and that each lot will be have either a standard septic with leech
field or sand filter septic system. He said that although the streets are compliant with the
County standard of 22 feet of paving with 4 foot shoulders, they do not meet the minimum
26 feet for private streets in the City. He noted the cul-de-sac length saying that the waiver
is need for anything in excess of 1,300 feet. He said that it is difficult to provide a
secondary access to the property because of the topography of the site and the County
standard for frontage. He noted that the applicant is going to limit on-street parking
through covenants and that there will be adequate off-street parking along driveways and
in garages on these large lots. He said that additional paving would eliminate
approximately 13% of the green space or permeable area.
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Minutes -Zoning Advisory Commission
February 4, 2009
Page 3
Staff Member Hemenway reviewed the request noting the open space, detention area,
access, lot layout and platted easements for future extensions of City services. He
discussed water and septic service for the subdivision. He noted that the subdivision does
not meet City standards for lot frontage, pavement and maximum cul-de-sac length
standards. He noted that Lot B should be labeled nonbuildable, except for the proposed
entry sign to the subdivision.
Commissioners questioned why the City should waive the standards. Staff Members
Hemenway and Kritz noted that this subdivision is in a secondary growth area. They noted
the unique nature of the County subdivision, in general, and stated that due to the low
density of the development that it may be appropriate to waive some City standards.
Motion by Hardie, seconded by Christ, to approve the Preliminary Plat of Tanglewood
Subdivision subject to waiving lot frontage requirements for LotA (detention and recreation
space) and designating Lot B as non-buildable, except for the subdivision entry sign, and
waiving the pavement width standard from 26 feet to 22 feet and the cul-de-sac maximum
length standard from 1,300 feet to over 3,000 feet. Motion carried by the following vote:
Aye -Smith, Christ, Norton, Miller, Henschel and Stiles; Nay -Hardie.
PUBLIC HEARINGIREZONING: Application of Richard Strohmeyer / Joseph
Oberbroeckling to rezone property, located at 3520/3522 Hillcrest Road, from R-1 Single-
Family Residential District to R-3 Moderate Density Multi-Family Residential District.
Richard Strohmeyer, 3522 Hillcrest Road, requested a rezoning noting that when the
structures were built the original zoning was in error.
Staff Member Hemenway reviewed the staff report discussing the property history and
noting the series of events that led to the rezoning request. He stated that, if the rezoning
is approved, the existing four-plex units could not be expanded because the property has a
limited lot area and is deficient in required parking.
The Commission discussed the request and felt it was appropriate.
Motion by Hardie, seconded by Christ, to approve the rezoning request as submitted.
Motion carried by the following vote: Aye -Smith, Hardie, Christ, Norton, Miller, Henschel
and Stiles; Nay -None.
PUBLIC HEARINGIREZONING: Application of Radio Dubuque Inc./ Nativity Parish to
rezone property, located at 1225 Alta Vista Street, from R-2 Two-Family Residential District
to OS Office Service District.
Chairperson Stiles noted for the record the receipt of a letter from Jim and Julie Gross,
adjacent property owners.
Minutes -Zoning Advisory Commission
February 4, 2009
Page 4
Tom Parsley, representing Radio Dubuque Inc., 346 W. 8th Street, outlined his request to
build a studio for 4 local radio stations.
Jim Gonyier, 934 Oxford Street expressed concern with the potential removal of three large
trees along the edge of the subject property. Mr. Parsley said that, in discussions with
Nativity Parish, they have decided to preserve the trees in question.
Staff Member Kritz outlined the zoning history of the property. He discussed the permitted
uses in an OS Office Service District. He discussed traffic issues noting that the applicant
is working with Nativity Parish to secure access to the site from Alta Vista Street. He
discussed communication tower regulations, including the need for a conditional use
permit.
Commissioner Hardie expressed concern regarding setback requirements and asked if the
applicant would be willing to place the building a minimum of 20 feet from the property line
along University Avenue. Mr. Parsley said that he would be amenable to that.
Motion by Christ, seconded by Smith, to approve the rezoning request with the following
conditions: 1) That the minimum front yard setback along University Avenue be 20 feet;
and 2) That there be no direct vehicle access onto University Avenue. Motion carried by
the following vote: Aye -Smith, Hardie, Christ, Norton, Miller, Henschel; Nay -None.
PUBLIC HEARINGIREZONING: Application of Straka Johnson Architects/Hillcrest Family
Services to rezone property located at 1985/1989 Asbury Road from R-3 Moderate Density
Multi-Family Residential District to ID Institutional District.
Gary Gansemer, representing Hillcrest Family Services, reviewed the request. He stated
that Hillcrest Family Services intends to try to move the two existing houses on the subject
property rather than demolishing them. He noted that Hillcrest Family Services will be
requesting an extension to permit the existing mobile classroom to remain on the campus.
Marty Johnson, Straka Johnson Architects, reviewed the proposal to build a new chapel.
He discussed the proposed setbacks, parking spaces and access to the existing parking
areas.
Commissioner Smith asked if the sidewalk would be extended along Wilbrecht Lane. Mr.
Gansemer said that the sidewalk will be extended.
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John Gannon, 1925 Floraview Drive, noted concerns about traffic and parking along
Wilbrecht Lane. Mr. Gansemer stated that he does not believe that the chapel will
generate much traffic.
Minutes -Zoning Advisory Commission
February 4, 2009
Page 5
Staff Member Hemenway reviewed the request noting the green space provided around
the proposed chapel, the number of seats in the chapel and the location of the existing and
proposed parking. He noted that many of the patrons of the chapel would be Hillcrest
residents that would walk to church activities. He said that the chapel would generate little
additional traffic or demand on parking, especially during peak traffic times.
Commissioners discussed the request, reviewing the existing parking layout.
Commissioners felt that the request is appropriate.
Motion by Christ, seconded by Miller, to approve the rezoning request as submitted.
Motion carried by the following vote: Aye -Smith, Hardie, Christ, Norton, Miller, Henschel
and Stiles; Nay -None.
PUBLIC HEARINGITEXT AMENDMENT: Application of City of Dubuque to amend the
C-2 Neighborhood Shopping Center District to allow "Passenger Transfer Facility" as a
conditional use.
Staff Member Kritz outlined the request discussing the history of the "Passenger Transfer
Facility" amendment. He discussed the rationale for amending the C-2 District noting that
a number of the C-2 properties are located in the downtown area and may be suitable for a
passenger transfer facility. He discussed the conditional use permit process. He stated
that rezoning some of the neighborhood commercial properties to C-3 may not be
appropriate. He recommended approval of the request.
Commissioners discussed the request and felt it is appropriate.
Motion by Christ, seconded by Smith, to approve the text amendment as submitted.
Motion carried by the following vote: Aye -Smith, Hardie, Christ, Norton, Miller, Henschel
and Stiles; Nay -None.
ADJOURNMENT: The meeting adjourned at 8:00 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted
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