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Minutes Zoning Advisory 1 8 03MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, January 8, 2003 6:30 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa PRESENT: Chairperson Eugene Bird, Jr.; Commissioners Ron Smith, Stephen Hardie, and Jeff Stiles; Staff Members Kyle Kritz, Laura Carstens and Guy Hemenway. ABSENT: Commissioners Martha Christ, Richard Schiltz and Ben Roush. ________________________________________________________________________ AFFIDAVIT OF COMPLIANCE : Staff presented an Affidavit of Compliance verifying that the meeting was being held in compliance with the Iowa Open Meetings Law. CALL TO ORDER : The meeting was called to order at 6:30 p.m. MINUTES : The minutes of the December 4, 2002 meeting were approved unanimously as submitted. ACTION ITEM\LOT SPLIT: Application of Dennis and Amy McCarthy, 2389 University, for approval of the plat of Lot 1 of 1 of 224 and Lot 2 of 1 of 224 Finley’s Subdivision. Amy McCarthy described her project to Commissioners stating that she wants to subdivide an existing lot creating an additional vacant lot. She stated that she would like to build a duplex on the vacant lot in the future. Staff Member Hemenway stated that the McCarthy’s had received approval from the Zoning Board of Adjustment to place a duplex on the second lot. He stated that each lot would have slightly under the 5,000 square feet required and, therefore, the Commission would have to approve two substandard lots. Commissioners discussed the request and stated they feel that the lot split will have very limited impact on adjacent properties. Motion by Hardie, seconded by Stiles, to approve the lot split, waiving Section 2-4.4, Required Lots. Motion was approved by the following vote: Aye – Smith, Hardie, Stiles and Bird; Nay – None. ACTION ITEM\PLAT OF SUBDIVISION: Application of Roger Kurt/Joseph & Beverly O’Mara, 11983 Kennedy Road, for approval of the Plat of Subdivision of Lot 1 and 2 of O’Mara’s Second Subdivision. Minutes – Zoning Advisory Commission January 8, 2003 Page 2 Roger Kurt stated that he is the attorney representing the O’Mara’s. He stated that the O’Mara’s wish to convey the existing homestead to their son. Staff Member Kritz said that the plat of the subdivision splits the existing lot into two lots creating a lot with no frontage. He said because this property is located in the County, it requires joint review. He recommends approval of the plat. Motion by Stiles, seconded by Smith, to approve the plat of subdivision, waiving Section 42-19, Lot Frontage Requirement. Motion was approved by the following vote: Aye – Smith, Hardie, Stiles and Bird; Nay – None. ACTION ITEM\FINAL PLAT: Application of Buesing & Associates/Dan Conrad, 15547 Highway 20 West, for approval of the Final Plat of Cedar Crest Subdivision. Terry Koelker, Buesing & Associates, stated he represents Dan Conrad. He stated that Mr. Conrad would like to create a subdivision with access off of Highway 20. He said that the new plat reflects the changes requested by the Zoning Advisory Commission at their last meeting. Staff Member Kritz stated that at their last meeting, Commissioners asked that the final plat indicate a storm water detention area. He stated that the storm water detention area has been reviewed and approved by the City Engineering Department. He said that the applicant complies with the conditions set forth by the Commission, and then recommended approval of the subdivision plat. Motion by Hardie, seconded by Stiles, to approve the final plat of Cedar Crest Subdivision, waiving Article IV Design and Improvement Standards, except for Section 42-19, Lots and Blocks. Motion was approved by the following vote: Aye – Smith, Hardie, Stiles and Bird; Nay – None. PUBLIC HEARING\REZONING: Application of Dan Mueller, south of Highway 61/151 and Highway 52, Lot 1 of Key Gate Center No. 2, to rezone property from PR Planned Residential District to MHI Modified Heavy Industrial District. Dan Mueller, representing Southgate Development, distributed photos and written materials to the Commission. He discussed the property history. He said that the original rezoning for this area called for multi-family residential development; however, this kind of construction is not appropriate because of the presence of bedrock at this location. He said that Apex Concrete is a tentative buyer for the property and they wish to place a batch plant at this location. He said that the facility also will include a maintenance building and office. He said that the site will allow for future expansion of the business. He said the property is a 10-acre site with good access to Highway 52. He said the site is bounded by public right-of-way and the Table Mound Trailer Park. Minutes – Zoning Advisory Commission January 8, 2003 Page 3 Mr. Mueller said that the trailer park is owned by Richard Young from Oceanside, California, and that he has spoken with him regarding this project. He said he has discussed creating a 200-foot barrier with arborvitae screen to reduce the visual impact and noise generated by the batch plant. He said that the fill area will be 200 feet from the adjacent residential development. He said the facility will be fully enclosed, which he said will reduce dust and noise. He said that Mr. Young has been faxed the preliminary site plan for the project, but has not acknowledged receipt of the plan. He stated that adequate utilities are in place for this project and that no access will be allowed through the existing commercial development. Dennis Their, representing Apex Concrete, said the company needs a new expanded plant to allow his operation to grow and employ more people. He stated that he conducted decimeter readings at various locations on the site, and provided that information to the Commission. He said the test was done in conjunction with Riverside Tractor and Trailer and indicated that the noise levels are acceptable. He stated he had a letter from Mr. Fred Williams, a trailer park owner, who is adjacent to their operation in Anamosa. Fred Williams, 1035 Riverside Drive, Monticello, Iowa, said that he owns a park with 230 homes next to Bard Concrete in Anamosa. He stated that the plant has not generated dust or any other problems, and that they are good neighbors. James Schilling, 1890 JFK Road, said he is an attorney representing the Table Mound Mobile Home Park. He said the park shares a boundary with the subject property. He said that Mr. Young has concerns with the location of so intense an industrial use next to a densely developed residential area. He said that he is concerned with the traffic, noise, and dust that will likely be generated by this kind of facility. He stated that the heavy truck traffic in and out will create problems. He said that many of the large trucks will have a hard time moving up the hill fully loaded. He said that the Table Mound Trailer Park sits on top of a hill and cannot easily be screened from the facility. He stated that many of the vehicles on the site will be older, such as dump trucks and end loaders, and will generate noise in excess of the newer vehicles. He said that this is a severe transition from single- family residential and strip retail to heavy industrial. Gary Cavanaugh, 9230 Bellevue Heights Road, stated he has concerns with noise. He said that the prevailing south wind will blow dust in his direction. He stated that he did not receive notification. Staff Member Kritz explained the notification process stating that those property owners within 200 feet of the property requested to be rezoned were notified. Chad Wolbers stated that he is a resident of the trailer park and that existing truck traffic on the highway creates much noise. He said that the new facility will generate even more noise that would be heard throughout the neighborhood. Minutes – Zoning Advisory Commission January 8, 2003 Page 4 Tim Stierman, 9262 Bellevue Heights Road, said that the truck noise will be very loud throughout the valley. He stated that the proposed facility will create dust and that his property is downwind. He said that Tamarack Industrial Park or the City’s industrial park is more appropriate for a facility like this. Cathy Behnke, 602 Jacobs Street, said that she is a resident of the mobile home park. She said that her deck and yard overlook the area. She said she is concerned with the proposed buffer wall, because it may block her view. She stated that she is also concerned with the dust and noise generated by the proposed facility. She said that commercial development is more appropriate for this area. Dan McDonald, representing Greater Dubuque Development Corporation, said that the GDDC is helping Mr. Their relocate his business. He said that those at the meeting on both sides of the zoning issue have made good points. He said he wants to stress that development land in the Dubuque area is scarce and that the existing Apex Concrete business wishes to expand their operation and employ additional people. Ruth Speck, 622 Jacobs Street, stated that she is a trailer park resident who lives near the facility. She stated that she is concerned with potential noise and dust generated by the facility. She said that are a lot of children in the area, and she is concerned with their safety. She asked that the Commission not allow this facility so near a residential area. Mary Lau, 687 Jacobs Street, said that she is a trailer park resident, and she is concerned with the potential noise and dust generated by the facility. Harlan Doty, 9257 Bellevue Heights Road, said that he is concerned with traffic in the area. He said that he is concerned with the diesel smoke and dust that will be generated by the facility and its potential for blowing in his direction. Kevin Kelleher, 9227 Bellevue Heights Road, stated that he is concerned with the potential noise and traffic generated by the facility. He said that the aesthetics of the facility will also impact the neighborhood. He stated that the building will be approximately 60 feet in height and sit on a hill. He said that it will not match the existing one-story commercial development in the area. Patricia Lux, 624 Jacobs Street, said she is concerned with the noise, dust and diesel smell that will be generated by the facility. Dorothy Brimeyer, 9326 Bellevue Heights Road, said she is concerned with traffic safety in the area. She said she is also concerned with the dust generated by the plant. She said that she feels this is not the appropriate type of development for this area. Pat Vorwald, 8797 Metropolitan Heights, stated he is concerned with the traffic that will be generated by the facility, especially in the evenings and mornings. Minutes – Zoning Advisory Commission January 8, 2003 Page 5 Charles Plein, 9040 Metropolitan Heights, said that he has concerns with the potential traffic and dust generated by the facility. Dennis Their stated that he would be willing to work with the neighbors to address their concerns. He said that the trucks are tilt and lift or auger emptied and do not bang tailgates. He said that the lo-boy trucks unload with a belt. He said that the entire yard will be paved and generate little dust. He stated that the shop and maintenance building along with the vegetative screening and fence will serve to separate and buffer the Table Mound Trailer Park from the facility. He stated that he has searched for available industrial property in the area and that the Dubuque Technical Park does not allow batch plants, and Tamarack Industrial Park has no available property. Commissioner Hardie asked how tall the building will be. Mr. Their said approximately 50- 60 feet high. He said that the office building would be 30 feet high. Staff Member Kritz stated that the MHI district is the second most intense industrial district. He said that the site can be served with utilities. He outlined the uses permitted in the MHI district. He discussed the traffic counts for the intersection of Highways 52 and 151/61. He discussed the potential for a conditional rezoning. He stated that screening at the grade level of the site would not be effective because the mobile home park is elevated well above the site. He said it may be possible to place screening at the back of the mobile home park, which would be more effective. Commissioner Smith asked if the proposed access will be a public street. Staff Member Kritz stated it will be a private street. He also stated that storm water detention will be required through the site plan process. Commissioners discussed that the City’s public notification requirements had been met. Commission Members discussed planned unit development requirements, and said they feel that the neighbors concerns could be addressed at the site plan level, which would require a conceptual development plan and a planned unit development designation. Commissioners discussed tabling the proposal to allow Apex Concrete to meet with neighbors about their concerns and to prepare a conceptual development plan. Motion by Bird, seconded by Hardie, to table the applicant’s request with a recommendation that the applicant meet with the neighbors and return with a planned unit development and conceptual development plan. Motion was approved by the following vote: Aye – Smith, Hardie, Stiles and Bird; Nay – None. PUBLIC HEARING\REZONING: Application of James Heckmann/Tim & Malin Boge, 296 North Grandview, to rezone property from R-1 Single-Family Residential Zoning District to OR Office Residential District. Jim Heckmann, 1660 Embassy West Drive, reviewed his request with the Commission. He distributed a booklet containing photos of the subject property and surrounding parcels. Minutes – Zoning Advisory Commission January 8, 2003 Page 6 He stated that his request to rezone will permit him to relocate his law office at this location. He noted that the neighborhood is not exclusively residential, but mixed use. He stated that the house has been on the market for quite some time and that its location at the corner of West Third and Grandview Avenue is a disadvantage because of traffic on both frontages. He stated that an office use at this location will generate very little traffic and that it will be buffered from adjacent residences by Grandview Avenue. He outlined the purpose of the OR District, mentioning its transitional nature between office and residential uses. Carol Ruden stated that she is a listing agent for the property, and that many of the people who have viewed the home have had concerns with the amount of traffic in the area. She stated that the house was owned by the University of Dubuque and served as the President’s residence. She also stated that the area is not exclusively a residential neighborhood but a mixed used area. She said that she feels the proposed use would have very limited impact on the adjacent properties. John Arenz, 700 Locust Street, stated he represents several of the neighbors. He stated that the subject property is in a residential area, and that the commercial and office uses are confined to the area north of West Third Street, and east of Grandview Avenue. He stated that the neighbors feel that West Third Street clearly demarcates the boundary between commercial and residential uses. He stated that if office type zoning is permitted across West Third Street, then the domino effect will result. He stated that on-street parking is in short supply in the neighborhood because of the demand created by the hospital, funeral home and junior high school. He stated that the office could be expanded in the future, which would generate additional traffic and demand for parking. Joan Belcastro, 285 North Grandview Avenue, stated that she lives across the street from the subject property and is concerned about the impact of the proposal on property values. She stated that a parking lot added across the street would detract from the neighborhood. Eric Vierkant, 310 North Grandview Avenue, stated that there are uses allowed in an OR District that are even more intense that the proposed office. He stated that he has concerns with potential traffic. Frank Belcastro, 285 North Grandview Avenue, stated that he feels the price of the house is inflated, and coupled with traffic concerns, the property is, therefore, difficult to sell. Tammy Pfab, 235 North Grandview, stated that she is a member of the Old House Enthusiasts. She stated that because the property is not part of an historic district, it is not protected from development. She stated that a business may renovate the structure and make changes not consistent with preserving the old house. She stated that she believes that there are other locations that are more appropriate for the location of Mr. Heckmann’s law office. Minutes – Zoning Advisory Commission January 8, 2003 Page 7 James Heckmann stated that the single rezoning of the single parcel of property will not have a domino effect in the neighborhood. He said that subsequent rezoning could not occur without conducting another public hearing. He stated that there is sufficient off- street parking associated with this property. He said he understands the concerns of the neighbors regarding their property value and that he, too, is concerned with the value of the investment in his property. He said that he intends to maintain the property and to protect his investment and that of the neighbors. Chairperson Bird noted that a petition was submitted with 16 signatures of neighbors in opposition to the request. Staff Member Hemenway reviewed the staff report, noting surrounding zoning and land use. Commissioners asked about sign regulations in the OR District. Commissioners discussed the location of commercial and office development in the neighborhood, and stated that they feel that Third Street is an appropriate demarcation between residential and non-residential uses. Commissioners said that single-family residential use is more appropriate for this parcel. Motion by Stiles, seconded by Hardie, to approve the rezoning as submitted. Motion was denied by the following vote: Aye – None; Nay - Smith, Hardie, Stiles and Bird. PUBLIC HEARING\REZONING: Application of Alfred Kopczyk, 1320 North Locust Street, to rezone property from C-4c Downtown Commercial District with conditions to OC Office Commercial District. Alfred Kopczyk reviewed his request, noting that it represents a down zoning. He stated that he wants to use the home as a single-family residence. Pat Friedman, 3435 Asbury Road, stated that she is the realtor for this property, and reviewed the previous zoning request for this building. She spoke in favor of the rezoning to allow Mr. Kopczyk to live in the entire structure. Staff Member Hemenway reviewed the property history and outlined the conditions placed upon the existing C-4 District. He reviewed the uses permitted in the OC District. He stated that the primary difference between the two districts is that the OC District will enable Mr. Kopczyk to utilize the entire building, including the first floor, as a single-family residence. Commissioners discussed the request and said they feel that it is compatible with adjacent properties. Motion by Stiles, seconded by Smith, to approve the request as submitted. Motion was approved by the following vote: Aye – Smith, Hardie, Stiles and Bird; Nay – None. PUBLIC HEARING\REZONING: Application of ARC Design Resources, Inc./ JMC Gold th Medal Meat, Inc (tabled) 16 & Sycamore Streets to rezone property from HI Heavy Industrial District to PUD Planned Unit Development with a PC Planned Commercial Designation to allow a Wal-Mart Super Center. Minutes – Zoning Advisory Commission January 8, 2003 Page 8 Chairperson Bird asked Staff Member Carstens to outline the City’s analysis of the traffic study. Staff Member Carstens distributed and discussed the memorandum from Public Works Director Mike Koch regarding the Wal-Mart traffic study, including provisions for the addition of a turn lane and secondary access. She discussed the proposed entry routes to the Wal-Mart facility. She stated that Cedar Street would experience a significant increase in traffic volume. She stated that based on this increase, the Engineering Department is recommending resurfacing of Cedar Street. She said that a storm water easement for the Bee-Branch sewer extension will be reserved. She discussed the level of service at th intersections surrounding the Wal-Mart Store, and stated that the intersection of 16 & Kerper would experience a level of service D by the year 2024. She noted that this level of service is the norm for a 20-year design period. She stated that there would be an th increase in stacking of the eastbound traffic at the intersection of 16 & Kerper. She discussed the improvements recommended to facilitate traffic movement. She stated the cost of the off-site improvements would be born by Wal-Mart. She indicated that City streets could accommodate the Wal-Mart traffic with the improvements discussed. Staff Member Kritz discussed signal synchronization and a center turning lane as recommended remedies for traffic congestion. He said that the Highway 151/61 overpass supports constrict the underlying roadway and, therefore, a five- lane street with a center turning lane is not possible. Staff Member Kritz stated that the proposed Wal-Mart Store will be 190,000 square feet with room for expansion, compared to the existing 200,000 square foot Wal-Mart Super Center on the west side. Commissioner Hardie recommended that the meeting be reopened for public input. Chairperson Bird reopened the meeting stating he welcomed any public input. Walt Pregler, Chairperson of the Community Development Commission, stated that the traffic analysis study does not consider the additional heavy truck traffic that will be generated by the new City of Dubuque Operations and Maintenance facility on Kerper Ct. Staff Member Carstens stated that the truck traffic would be limited to Kerper Court and would not have access onto 16th Street. Joe Altenhoff, representing Wal-Mart Corporation, distributed diagrams of surrounding intersections. He said that he has been working closely with the City Engineering Department to develop measures that will facilitate traffic flow. Commission Members discussed the three-lane concept with a center turning lane. Staff stated that the three-lane concept would start at Kerper Boulevard and terminate at Elm Street. Phil Rupel stated that he is the owner of Wendy’s and that he has concerns with the th decrease in the level of service at the traffic light at 16 & Kerper. He said that he is concerned that Commissioners and adjacent property owners have not had adequate time to review the traffic study. Minutes – Zoning Advisory Commission January 8, 2003 Page 9 Joe Altenhoff stated that he feels the traffic study represents Wal-Mart and the City’s best effort to resolve traffic issues. He said that Wal-Mart does not want to create a traffic problem for their customers and the community. He said that he feels a reasonable level of service can be maintained until the year 2024. He stated that Wal-Mart wishes to move ahead with the project. In response to a question from Commissioners, Mr. Altenhoff indicated that Wal-Mart would be asking the City for assistance. Commissioners discussed the proposal. Commissioner Hardie said he feels that it may not be appropriate to convert this large parcel of land from industrial use to commercial use. Commissioner Smith stated that he feels that more traffic will be generated than the traffic study indicated. Staff Member Carstens reported that the City Council has changed the Comprehensive Plan’s proposed land use map from heavy industrial to commercial for this site. Staff and Commission members discussed the level of service at intersections surrounding the Wal-Mart site. Staff Member Kritz stated that the engineers have re- evaluated Wal-Mart’s traffic analysis and have adjusted some of the numbers. Staff Member Kritz stated that the level of service is based on traffic counts for the busiest time of the day. He stated that the engineers also calculated a 2% per year growth rate in traffic volume. Commissioner Smith asked if the potential for commercial development of the vacant adjacent City lots was included in the analysis. Staff Member Kritz stated that although the City lots were not included, the two outlots on the Wal-Mart property were factored in. Commissioner Hardie stated that he is opposed to elimination of this large an area of heavy industrial property. He asked if it is prudent to remove a large industrial parcel with rail and highway access. Chairperson Bird referred to the Long Range Planning Advisory Commission letter of recommendation to change the future land use map from heavy industrial to commercial at this site. Commissioner Smith asked if there is a margin for error factored into the traffic study. Staff Member Kritz stated that the traffic analysis is an estimate or projection. Chairperson Bird stated that he feels commercial development would be positive for the north end, and would serve as a catalyst for redevelopment. Commissioner Stiles said that he feels this is an opportunity for growth and development in the north end. He said that Commissioners have to rely on the traffic study provided by Wal-Mart and the analysis provided by City Engineering. Motion by Hardie, seconded by Stiles, to approve the rezoning as submitted. Motion was denied for lack of four positive votes by the following vote: Aye – Stiles and Bird; Nay – Smith and Hardie. ITEMS FROM COMMISSION: Minutes – Zoning Advisory Commission January 8, 2003 Page 10 Discussion of the FY 2004 Budget Request – Zoning Ordinance Update and Request for an Additional Full-Time Planner: Commissioners discussed the budget request for an additional staff person for the Planning Services Department and the Zoning Ordinance rewrite. Commissioners felt that both requests were warranted. Motion by Stiles, seconded by Hardie, to forward a recommendation to the City Council supporting the additional staff person. Motion was approved by the following vote: Aye – Smith, Hardie, Stiles and Bird; Nay – None. Motion by Hardie, seconded by Smith, to forward a recommendation to the City Council supporting the Zoning Ordinance rewrite. Motion was approved by the following vote: Aye – Smith, Hardie, and Stiles; Nay – Bird. ADJOURNMENT: The meeting adjourned at 10:00 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted