Minutes Zoning Adv Bd 10 2 02 MINUTES
ZONING ADVISORY COMMISSION
REGULAR $ESSION
Wednesday, October 2. 2002
6:30 p.m.
Auditorium. Carnegie Stout Library
360 W. 11th Street, Dubuque. Iowa
PRESENT:
ABSENT:
Chairperson Eugene Bird, Jr.; Commissioners Ron Smith Mar[ha Christ, Jeff
Stiles and Ben Roush; Staff Members Kyle Kritz.
Commissioners Stephen Hardie and Dick Schlitz.
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 September 4, 2002 meeting were approved unanimously
as submitted.
ACTION ITEM~PLAT OF SURVEY~FITZ: Application of John Fitz for approval of the Plat
of Survey of Lots 1 thru 5 of Fitz Place located at 3232 Sheridan Road.
Mr. Fitz reviewed his plat, noting that adjacent property owners have encroached on his
property and he is subdividing it in an effort to resolve this problem.
Staff Member Hemenway outlined the staff report, noting the location of the proposed lots.
He explained that because the lots have no frontage and are less than 5,000 square feet in
area they have been designated as non-buildabie on the plats. He noted that accessory
structures could not be built on the new lots unless they were to be consolidated.
Commissioners discussed the subdivision and felt it would help resolve the encroachment
issue for Mr. Fitz and the property owners along Liberty Street.
Motion by Stiles, seconded by smith, to approve the plat as submitted. The motion was
approved by the following vote: Aye - Smith, Christ, Stiles, Roush and Bird; Nay- None.
ACTION ITEM~PLAT OF SURVEY~SMITH: Application of Steve Smith for approval of the
Plat of Survey of Nor[hrange Industrial Park No. 3 along Pennsylvania Avenue.
Jim Runde, 1776 Grace Street, stated that he wishes to pumhase a lot from Steve Smith
and expand his business. He said that the property is zoned appropriately for his use, and
that it is close to his existing business.
Staff Member Kritz discussed the original plat, stating that a public street was required
before an additional subdivision of the property would be permitted. He said this
Minutes - Zoning Advisory Commission
October 2, 2002
Page 2
requirement is outlined in the 1990 plat agreement. He said the Zoning Advisory
Commission must waive the requirement if the lot is to be split without prows~on of a public
street. He stated that a street at this location would provide a secondary access to
development along Wolff Road.
Commissioner Stiles asked about minimizing the number of curb cuts on Pennsylvania
Avenue. He stated that he is not concerned with an additional curb cut because there has
not been a significant amount of development in this area Commissioners discussed curb
cuts and access along Pennsylvania Avenue and Middle Road.
Motion by Stiles, seconded by Christ, to approve the plat as submitted. The motion was
approved by the following vote: Aye- Smith. Christ, Stiles, and Roush: Nay - Bird.
PUBLIC HEARING~REZONING\FRIEDMAN/RADFORD ROAD DEVELOPMENT:
Application of Pat Friedman/Radford Road Development to rezone property located on
Radford Road from C-2 Neighborhood Shopping Center District to PC Planned
Commercial District.
Pat Friedman, representing Prudential Friedman Realty, said that on her previous request
some uses had been inadvertently omitted. She said that several of the uses she is
proposing have been requested by businesses that wish to locate at this development.
Staff Member Kritz stated that Commissioners have been provided a full list of uses
proposed for this site. Commissioners discussed eliminating uses, including contractor
shops, processing and assembly and auto-related uses.
Pat Friedman asked that the Commission reconsider eliminating contractor shops and
wholesale sales. Commissioners discussed their concerns with outdoor storage. Pat
Friedman stated they would agree to screen outdoor storage. Staff Member Kritz stated
that the Commission could condition the rezoning, adding a requirement that outdoor
storage be screened to a height sufficient to obscure stored materials from adjacent
residential properties. Commissioners discussed eliminating uses they feel are
incompatible with adjacent residential development.
Motion by Christ. seconded by Stiles. to approve the rezoning with the conditions that:
1)
Lumberyards/building materials sales, construction supplies, sales and service,
moving/storage facilities, auto service centers, auto sales/service, auto repair/body
Shop, truck sales/service repair, farm implements sales and service, mobile home
sales, motorcycle sales and service, boat sales and service, recreational vehicles
sales and service, agricultural supply sales, processing or assembly, tool, die and
pattern-making, engine/motor sales, service and repair: welding services, indoor
restaurant, drive-in/carry-out restaurant, outdoor recreation, and warehousing and
storage facilities, be eliminated from the list of permitted uses:
2) That screening be required along the common boundary with residential districts;
Minutes - Zoning Advisory Commission
October 2, 2002
Page 3
3)
That outdoor storage be screened to a height sufficient to obscure stored material
from adjacent residential properties.
The motion was approved by the following vote: Aye - Smith, Christ, Stiles, Roush and
Bird; Nay - None.
PUBLIC HEARING\REZONING~WINGER CONSTRUCTION: Application of Jay
Winger/Winger Construction to rezone property located at the corner of Garfield Avenue
and Stafford Street from R-2A Alternate Two-Family Residential District to R-4 Multi-Family
Residential District.
Jay Winger reviewed his request, noting that he removed a dilapidated structure from the
property and graded the lot. He stated that he is proposing to construct an eight-unit multi-
family structure for handicapped persons. He said the facility would be a single-story
building with an interior courtyard. He stated that all units within the structure would be
handicapped accessible and meet ADA req uirements. He explained how the structure
would be oriented on the property. Mr. Winger presented a letter in support of the project
and distributed the photos of the site. He stated that each unit would have 598 square feet
of floor space with a single bedroom.
Lyle Daughetee, 715 Garfield Avenue, presented a petition of neighbors in opposition to
the rezoning. He asked what uses would be permitted in the existing R-2A District and the
proposed R-4 District. He stated that he feels multi-family residentialzoning is too intense
for this neighborhood.
Greg Sheston, 710 Rhomberg Avenue, stated that the alley is deteriorated with many
potholes and very little pavement..He said the alley is not sufficient to support additional
traffic.
John Dague 709 Garfield. stated that he is a long time resident in this area, and that he is
opposed to the rezonmg.
Anna McCann, 722 Rhomberg, stated the proposed rezoning is too intense for this
neighborhood and development of this p~roperty would create too much traffic and diminish
property value in the neighborhood.
Scott Potter, 17132 Freund Road, spoke in support of the request. He stated that he did
not believe the development would adversely impact the area and would be beneficial to
the community. He said he feels this development would generate very little traffic.
Charles Arthoffer, 800 Rhomberg Avenue, spoke in support of the request, stating that the
area needs new investment, and that the proposed housing would help handicapped
individuals.
Minutes - Zoning Advisory Commission
October 2, 2002
Page 4
Jay Winger stated that he would repair the alley to City specifications because of damage
caused during demolition of the residential structure. He said he would make these
improvements at his expense.
Staff Member Hemenway reviewed the request, noting the allowed number of dwelling
units in an R-4 district and the required off-street parking for standard apartments and for
housing for people with disabilities.
Commissioners reviewed the elevations of the subject property, comparing the alley level
to the surrounding property. Commissioners were concerned that access from the
proposed parking area along the alley to the structure would not meet ADA requirements.
Commissioners discussed parking issues. Commissioners felt that the project may be too
intense for the neighborhood, and if the eight-plex were developed, it is possible that the
units would be rented to people other than those with disabilities.
Commissioners stated that if the units were rented to the general public there would not be
adequate parking for this site. Commissioners discussed requiring that the units be rented
to only handicapped individuals. Staff members stated that after conferring with City Legal
Staff. they determined that this requirement may not be legal, and may be very difficult to
enforce. Commissioners discussed alternatives to R-4 zoning, including R~3zoning. Staff
stated that there would be lot area and setback issues if zoned R-3, and that a conditional
use permit would be necessary.
Motion by Stiles, seconded by Smith. to approve the rezoning as submitted. The motion
was denied by the following vote: Aye - Bird; Nay - Smith, Christ, Stiles and Roush.
PUBLIC HEARING~AMEND ID DISTRICT~UNIVERSITY OF DUBUQUE: Application of
the University of Dubuque to amend the ID Institutional District to allow construction of new
student apartments 800 feet east of Devon Drive and north of U.S. Highway 20.
Commissioner Roush abstained from discussion due to a conflict.
Tammy Wall stated that she is the Dean of Student Life at the University of Dubuque and
introduced Allan Burr, Project Manager, and Marty Johnson. Architect. She discussed the
former commercial zoning for the property and stated that the property was rezoned to
institutional District to enable the University of Dubuque to build additional housing for
students. She stated the University of Dubuque wants to keep the students on campus
and plans to build a Iow-density, village-style, 34-unit apartment complex. She stated that
the University would construct 116 parking spaces adjacent to the apartment complex. She
discussed the proposed private drive access from the apartment complex to Bennett
Street. She said screening would be provided along the drive.
Mike Donahue, 2230 West 3ra Street. spoke in opposition to the extension of the access
road because of concerns with traffic, no~se and litter.
Minutes - Zoning Advisory Commission
October 2, 2002
Page 5
Jim Crippes, 2180 Hale Street, said he is against the project because of drainage
concerns. He stated that he feels the University of Dubuque should use the existing
access on the west side of the ball field.
Laura Lange, 2240 Pasadena, said that housing for students is needed. She said many
students have to live two or three miles away from campus which is inconvenient.
Charlotte Meyer, 2240 Pasadena, said the existing dorms are full and new, more spacious.
student housing is needed.
John Rodham, 2153 Hale Street, said he 'is concerned with the access road and traffic
safety.
Jerry McFadden. 86 Collins Street, said he is concerned with potential storm water
generated by the complex. He said it would exacerbate an already bad situation. He said
that the proposed roadway would cause additional traffic problems. He said he feels the
existing student housing is already a problem. He said there is in excess of 125 additional
cars a day on Collins Street from the student housing.
Vicky Metz, 2353 West Street, said she has concerns with traffic and parking.
Alan Burr said there would be no truck traffic along the proposed access road. He said the
access road is needed for pedestrian and bicycle traffic and for fire access. He said the
street would be narrower than standard City streets, winding, with pedestrian crossings,
curb and gutter and storm sewer. He said the street design would discourage cut-through
traffic and handle storm water runoff. Mr. Burr discussed future development plans for the
Bennett and Grace Street area. He also stated that the residences adjacent to the
proposed access road would be buffered by an existing parking lot.
Mart,/Johnson discussed the parking area for the proposed student housing.
Staff Member Kritz stated that this is an amendment to the Institutional District. He said
that the institutional zoning district is applied to colleges and hospitals. He said that the
proposed 34-unit apartment complex represents a significant on-campus expansion and,
therefore, requires an amendment to the institutional district. He said that the University is
proposing to build 34 units with 3.4 off-street parking spaces per unit, which exceeds the
1.5 spaces normally required for multi-family housing. He said that emergency vehicles
that are eastbound on Dodge Street would be able to drive across the median and utilize
the right-in/right-out access serving the apartment complex. He said the proposed 700-foot
access road will not be built to City standards. He said that storm water will be required to
be detained.
Commissioners discussed limiting the extension of the access road north to the last
apartment building. Mr. Burr stated that the funding is ,n place for the soccer field and
associated parking. Commissioners discussed the proposed access road and expressed
concerns with the extension of the drive to Bennett Street.
Minutes - Zoning Advisory Commission
October 2, 2002
Page 6
Motion by Christ. seconded by Stiles, to approve the request with the conditions that: 1) the
access road terminate in a cul-de-sac at the northernmost apartment until further review,
and; 2) parking for the soccer fields be constructed concurrent with the development. The
motion was approved by the following vote: Aye - Smith, Christ, Stiles and Bird; Nay -
None: Abstain - Roush.
PUBLIC HEARING~REZONING\GRANDVIEW AVENUE UNITED METHODIST CHURCH:
Application of Grandview Avenue United Methodist Church to rezone property located
southwest of John Wesley Drive and north of Asbury Plaza Shopping Center. in
conjunction with annexation, from AG Agricultural to CS Commercial Service & Wholesale
District.
Mac Klingler, 11696 King Arthur Court. said he represents Grandview Avenue United
Methodist Church. He said that the church owns 47 acres on two contiguous parcels. He
said that they wish to rezone an approximately 26-acre parcel behind Asbury Plaza and
adjacent to the soccer fields and the Brimeyer farm. He said the parcel is land-locked by
adjacent properties and the church grounds. He said that the because of rapid
development in the area a rezoning of this property is appropriate.
Douglas Coates, 13218 Derby Grange Road, stated that he owns property on the west side
of the proposed rezoning. He questioned permitted uses and access to the property.
Staff Member Kritz said that Grandview Avenue United Methodist Church is seeking a
rezoning in conjunction with an annexation for this property. He said that the property
abuts the third phase of the Asbury Plaza PUD. He said the area will develop primarily for
large box retail, which is not compatible with the existing residential zoning. He said that
the property is not visible from the Northwest Arterial and that access will be through
Asbury Plaza on a standard City street. He said that City water and sewer could be
provided to the site.
Commissioner Stiles said that he feels this ~s an appropriate type of development for the
area. Staff Member Kdtz said that there mini-warehousing was proposed for the property
directly adjacent to this. Commissioners discussed the uses permitted in a CS district and
felt they are appropriate for this location.
Motion by Stiles. seconded by Christ, to approve the rezoning as submitted. The motion
was approved by the following vote: Aye - Smith. Christ Stiles and Bird; Nay - None;
Abstain - Roush.
ITEMS FROM STAFF: Tom Nesler, 847 Grandview Avenue reviewed a proposed plat
with the Commission He stated he wants to modify an existing lot layout to allow for the
sale of a portion of the property to an adjacent property owner. He stated that in doing so,
he will create two lots, one of which will not have frontage on a platted street. He stated
that access would continue to be taken from Grandview Avenue by way of a recorded
easement. Commissioners discussed Mr. Nesler's proposal and stated that if the lot split
Minutes - Zoning Advisory Commission
October 2, 2002
Page 7
were to be approved, they would require that the newly created lot be labeled non-
buildable.
ADJOURNMENT: The meeting adjourned at 8:30 p.m.
Kyle L. Kritz, Associate Planner Adopted