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Minutes Zoning Adv. C 2 5 03 MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, February 5, 2003 6:30 p.m. Majestic Room, Five Flags Civic Center, 401 Main Street, Dubuque; Iowa PRESENT: Chairperson Eugene Bird, Jr.; Commissioners Jeff Stiles, Martha Christ, Stephen Hardie, Ron Smith, Dick Schlitz and Ben Roush; Staff Members Guy Hemenway, Kyle Kritz, Laura Carstens, Tim O'Brien, Gus Psihoyos and Dave Ness. ABSENT: None. CALL TO ORDER: Chairperson Bird called the meeting 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: Chairperson Bird asked that page 8 of the minutes of January 8, 2003 be corrected to read that the public hearing on Wal-Mart pertained only to the traffic analysis. The minutes of the January 8, 2003 meeting were approved unanimously as modified. ACTION ITEM [ BURGER: Application of William BUrger for approval of the Plat of Suvey of Martin Addition located along Olde Davenport Road in Dubuque County. Mary and William Martin spoke in favor of their request, stating that they had 15 acres of property that they wish to divide into five lots. Staff Member Kritz outlined the proposed lot layout stating that Lots 1 and 5 would not have frontage, but will be labeled non-buildable. He recommended approval of the plat. There were no public comments. The Zoning Advisory Commission discussed the request, noting that the applicant is requesting the waiving of lot frontage requirements for Lots I and 5, which are labeled as non-buildable. Motion by Schlitz, seconded by Hardie, to approve the plat of survey of Martin Addition waiving Section 42-19, Lots and Blocks. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schlitz, Roush and Bird; Nay - None. ACTION ITEM ~, WINNER: Application of Delbert & Sharon Winner for approval of the Plat of Survey of Lots 1 & 2 of Winner Place located at the northwest corner of Central Avenue and 15th Street. Don Lochner stated that he is a realtor and that he ~represents the property owners. He stated that the request is to split a lot so that the dwners can place each building on a separate lot. ~ Minutes - Zoning Advisory Commission February 5, 2003 Page 2 Staff Member Hemenway reviewed the staff report, noting that there is a duplexat the rear of the property that is oriented toward 15th Street. He said there is also a multi-story commercial/apartment building on the front of the lot at the corner of 15th and Central that is oriented toward Central Avenue. He stated the owner wishes to subdivide and sell the duplex separately from the commercial building. He recommended approval. There were no public comments. The Zoning Advisory Commission discussed the request, noting that the applicant is requesting the waiving of the lot area requirement for both Lot 1 and Lot 2, and the lot frontage requirement for Lot 1. The Commission found that the waiving of lot area and lot frontage would not adversely impact adjacent property. Motion by Stiles, seconded by Christ, to approve the plat of survey of Lots I and 2 of Winner Place, waving Section 42-19, Lots and Blocks. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schlitz, Roush and Bird; Nay - None. PUBLIC HEARING ~. MUELLER (TABLED): Application of Dan Mueller (tabled) to rezone property located south of Highway 61/151and Highway 52 (Lot 1 of Key Gate Center No. 2) from PR Planned Residential District to PI Planned Industrial District. Dan Mueller, 590 Samuel Street, discussed the design and layout of the site, noting a new configuration for the cement batch plant. He stated that Dennis Their of Apex Ready-Mix Concrete was available to discuss the project and address any questions Commissioners may have. Mr. Mueller said that he met with residents of the mobile home park in an effort to address their concerns. He presented a packet to the Commission. Dennis Their, Apex Ready-Mix Concrete, 45 Jones Street, discussed the site layout with Commissioners. He stated that the redesigned site included a hammerhead cul-de-sac and drive-thru loading area, which will eliminate back-up beeping. He stated that he moved the materials handling area to the east end of the property to distance it from the adjacent residences to mitigate dust and noise. He discussed various screening proposals for the property. Ruth Specht, 622 Jacobs Street, stated that she lives in the mobile home park and has concerns regarding noise and dust. She asked that the Commission not allow an industrial use next to a residential neighborhood. Harlan Doty, 9257 Bellevue Heights, stated that he has concerns with the facility's impact on the neighborhood, which he stated includes the Mines of Spain and E.B. Lyons Nature Center. He stated he has concerns with traffic, especially at the intersection of Highway 52 and 151/61. He stated that a cement plant is not appropriate for the community's southern gateway. He stated that prevailing winds will blow dust into the residential neighborhood. Minutes - Zoning Advisory Commission February 5, 2003 Page 3 Tim Stierman, 9262 Bellevue Heights Road, distributed a petition in opposition to the proposal. He discussed the view from his back door to the proposed facility. He stated that it would be hard to screen the view from his property to the facility. He submitted a letter from a realtor stating that the proposed facility would have a negative impact on the value of his property. He stated that the potential environmental impacts of the facility included air pollutants, water pollution and soil contamination. Lod Kelleher, 9237 Bellevue Heights, stated that she is opposed to the facility because of the potential dust, noise and traffic. She said that it is not appropriate to place this land use next to a residential area. She said it would be moro appropriate to have the cement plant locate in an existing City industrial park. Dorothy Brimeyer, 9326 Bellevue Heights, stated that she has concerns with traffic safety, especially as it regards Children in the aroa. She said that she is also concerned with the facility's potential impact on air quality. Gary Cavanaugh, 9230 Bellevue Heights, said that he has health concerns because ofthe dust and air pollutants generated by cement plants. He stated that he is also concerned with the noise the trucks would create in this valley. Robert Cottrell, 648 Astor Circle, stated that he is concerned with the cosmetic effect the proposed plant would have on the area. He said that the plant would generate excessive noise, air pollution and traffic. He stated that the cement trucks will use Kelly Lane for a short cut. He said tha, t he is concerned with pede. strian safety along Rockdale Road because thero aro no sidewalks in that area. He said that screening for this site would be ineffective. Mary Lau, 687 Jacobs Street, questioned the City's motives regarding moving the cement plant to this area. She said the area may become aijunkyard; Tim Arthofer, 623 Jacobs Street, stated that he is concerned with potential noise and dust. Jim Schilling stated that he is the attorney representing Table Mound Trailer Park Corporation. He said that Mr. Dick Young, owner of the mobile home park, is opposed to the proposed cement plant. He referenced a letter submitted by Mr. Young stating his opposition. He stated that he feels this is too groat e transition from residential to heavy industrial. He agreed with the neighbors, stating that noise and dust would be a problem. Charles Plein, 8992 Metropolitan Heights, said that Cement plants often operate as early as 5:30 a.m. and can stay open until 10:00 p.m. Anna Plein, 8992 Metropolitan Heights, said she is concerned with potential traffic created by a cement plant. Minutes - Zoning Advisory Commission February 5, 2003 Page 4 Richard Kaufman, 6547 Massey Station Road, stated that he is concerned with the facility's visual impact on the gateway to the south side of Dubuque. He also said he is concerned with traffic. Dan Mueller stated that many of the concerns expressed by the neighbors are addressed in the information packet that he distributed to the Zoning Advisory Commission. He discussed traffic, noise and dust issues. He said that the prevailing wind will carry what dust that is generated by the plant away from the residential areas. He said that Apex would be diligent in placing screening and vegetation between the mobile home park and the cement plant. He stated that the area is currently a mixed-use area with the Iowa Department of Transportation Maintenance garage and commercial uses along Highway 52. Chairperson Bird entered into the record letters submitted by Cottrell, Dory, Stierman, Young, Brimeyer, Kelleher, Howe, and three petitions with 64, 84, and 16 names in opposition to the proposed request. Staff Member Kritz stated that the original request was to rezone to a Modified Heavy Industrial District and that the Zoning Advisory Commission recommended that the applicant resubmit the request as a Planned Unit Development. He stated that the applicant has fulfilled the request and the Commission now has more flexibility in controlling the use and design of the site. He stated that the Zoning Commission has the opportunity to limit the hours of operation, permitted uses, screening, lighting and any other conditions necessary to mitigate negative impacts to adjacent properties. The Zoning Advisory Commission discussed the request, noting that the applicant has made a good faith effort to address the concerns of the adjoining property owners. Commissioner Stiles requested that his original motion, which was to approve the MHI District, be amended to approve the Planned Industrial District. Commissioner Smith seconded the motion. Commissioner Smith stated that during the original rezoning request he did not consider the Bellevue Heights and Metropolitan Heights neighborhoods. He said he is concerned with this extreme a transition between residential and heavy industrial uses. Commissioner Hardie agreed with Commissioner Smith stating that the transition from Heavy Industrial to Residential is not appropriate~ Commissioner Schultz stated that he feels there is not an adequate buffer between Heavy Industrial and the adjacent residential properties. Commissioner Roush stated that he has concerns with westbound truck traffic that would be generated by the facility. Motion by Stiles, seconded by Smith, to approve the rezoning from PR Planned Residential District to Pi Planned Industrial District. Motion was denied by the following vote: Aye - Stiles; Nay - Smith, Hardie, Christ, Schlitz, Roush and Bird. Minutes - Zoning Advisory Commission February 5, 2003 Page 5 PUBLIC HEARING ~ KENNEDY: Application of Patrick & Patricia Kennedy to rezone property located at 3300 Nightengale Lane from R-lc Single-Family Residential District, with conditions, to R-1 Single-Family Residential District. Joe Bitter stated he is the attorney representing the Kennedy's. He said that the staff report indicates that the condition originally required by the rezoning cannot be fulfilled because of the problems with the site topography. He stated that widening and improving the roadway would make driveways to some of the residences inaccessible. He stated that a neighborhood organization could improve and maintain the existing read better than the Kennedy's. He said that the neighbors have expressed willingness to work with the City regarding extension of utilities and improvements to the read. Staff Member Kritz outlined the property history discussing the original requirement to upgrade the existing private ddve to a private street to serve the homes in the subdivision. He stated that the existing paved driveway is approximately 12 feet wide and is located on the east side of a 50-foot right-of-way. He said that a severe slope problem exists for the last three lots, which makes widening and improving the read at the current elevation problematic. He said that Commissioners have the ability to drop, modity, or enforce the original condition. There were no public comments. The Zoning Advisory Commission discussed the request and asked about potential alternatives to reconstructing the driveway to City private standards. Staff discussed the difficulty of maintaining access with the existing development and terrain. Motion by Schlitz, seconded by Christ, to approve the rezoning as submitted. Motion was approved by the following vote: Aye-Hardie, Christ, Stiles, Roush and Bird; Nay- Smith and Schlitz. PUBLIC HEARING ~ COLIN: Application of Doug and Marie Colin to rezone property located at 1205 Cleveland Avenue from R-2 Two-Family Residential District to C-1 Neighborhood Commercial District. Made Collins reviewed her request with the Commission. She submitted a pamphlet that outlined the art school programs she said she wishes to provide. She said she has spoken with many of the adjacent property owners and many of them expressed support for her project. There were no public comments. Staff Member Hemenway reviewed the staff report, outlining the property history. He noted that the building originally served as a grocery store, then a fumiture repair store, and most recently, an office. He said there are approximately five off-street parking spaces that are accessed from a driveway along the side prOperty line to the back yard. He said parking currently is adequate for the office and schoOl of private instruction. The Zoning Advisory Commission discussed the request, noting that the subject property was formerly a small family-owned grocery store and that the C-1 district was created Minutes - Zoning Advisory Commission February 5, 2003 Page 6 specifically to encourage adaptive re-use of old commercial storefronts in residential areas. Commissioners discussed the uses permitted in the C-1 District. Motion by Stiles, seconded by Smith, to approve the rezoning as submitted. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schlitz, Roush and Bird; Nay - None. PUBLIC HEARING ~ LUKSETICH/SMITH: Application of Tom Luksetich/Steve Smith to amend the PUD Planned Unit Development District for property located at 3925 Dodge Street to allow construction of a new 44,287 square foot building. Steven Smith reviewed his request with the Commission. He stated that the previously approved 12,000 square foot addition on the west side of the building is still included in his future plans. He stated that he wishes to add a 44,000 square foot building at the rear of the lot along the north property line. There were no public comments. Staff Member Hemenway reviewed the history of the site, the surrounding land uses and current commercial uses within the building. He noted the location of the new building, a new access proposed for North Crescent Ridge Road and the provision of additional parking. He noted the PUD amendment is necessary because the 44,000 square foot building is a significant change. He added that the 50 parking spaces shown are adequate for a warehouse use. Commissioner Smith stated he has concerns with the secondary access and its proximity to parking. He said it may be difficult for trucks to negotiate the corner. Staff Member Hemenway stated that this issue could be discussed at a site plan review meeting and recommendations for improving truck access could be reviewed. Commissioners also noted that the 12,000 square foot addition is not shown on the conceptual plan. Staff Member Kritz stated that a 12,000 square foot addition originally indicated for the southwest side of the main building would be incorporated into the planned unit development conceptual plan. Commissioner Roush questioned parking requirements for retail uses. Staff Member Hemenway stated that parking requirements would be calculated at the site plan review. He said that if retail use was placed in the proposed building, parking would be evaluated. Motion by Stiles, seconded by Christ, to approve the amendment to the PUD. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schiltz, Roush and Bird; Nay - None. PUBLIC HEARING ~ STOTT & ASSOCIATES/SPIEGEL:. Application of Stott & Associates/A. J. Spiegel to rezone property located at the end of Rhomberg Avenue Minutes - Zoning Advisory Commission February 5, 2003 Page 7 (former Tollbridge Inn Restaurant) from CR Commercial Recreation District to PUD Planned Unit Development District with a PR Planned Residential zoning designation. Chairperson Bird entered into the record a letter of opposition from Charles Winterwood of the White Pine Chapter of the Sierra Club, and information on the Migratory Bird Treaty Act and the Endangered Species Act. George Murphy, representing A.J. Spiegel, said that the proposed project would include an eight-story condominium complex with community room and a viewing area atop the building. He said there would be two stories of underground parking at two stalls per unit: He said there would be additional remote parking on a lot at the base of the building's east side served by access elevators. He said that the project has been reviewed by the Fire Department. He distributed photographs and discussed former projects undertaken by Mr. Spiegel. John Harvey, of Stott and Associates, stated that heis the architect for the project. He discussed a building model and a site diagram. He stated that there would be one full floor of underground parking and that about two-thirds of the second floor would be used for parking. Commissioner Roush asked about the elevation of the parking at the north end of the building. Commissioner Hardie asked about the interior parking levels. Commissioners discussed the site layout and adjacent properties. Clint Johnson, 3148 Shiras, stated that he owns a business next to the proposed project. He said he is concerned with storm water runoff and lack of on street parking for visitors to the condominiums. He said he is also concerned with potential disruption to his business during construction and during the sewer extension. Steve Ryan, 853 Dorothy Kay, questioned the impact the proposed project would have on tourism and the view from Eagle Point Park. Dan Calvert stated that he is a representative of the Environmental Stewardship Advisory Commission. He asked that the Zoning Advisory Commission be aware of environmental regulations regarding eagle and falcon habitat. He referenced NEPAand the Endangered Species ACt regulations. Mike Schmaltz said he is a long-term area neighbor who lives directly below the bluffs. He said that he has not seen any peregrine falcons along the bluffs or in the quarry. He said that the eagles rest between feedings in the trees above the bluffs but that the proposed building should not disturb them. Jay McDonald, 2867 Buena Vista, said that Mr. Spiegel's proposal would be a good project for the city of Dubuque. John Harvey stated that storm water runoff will be addressed during the site plan review process. He said that it is their intention to collect and direct the storm water to the east Minutes - Zoning Advisory Commission February 5, 2003 Page 8 and retain it on the adjacent property. He said the proposal should actually lessen the amount of storm water running off of the site. He said that the two off-street parking spaces per unit standard could be increased to accommodate guests. He said that he will work with the City and the contractors to ensure that access to area businesses is maintained throughout the building process. Chairperson Bird asked about potential conflicts with the eagles and falcons in the area. Mr. Stott stated that their project will have to conform with all federal and state regulations regarding endangered species. He said that they have already contacted the U.S. Fish and Wildlife Service and are working with them to study the bird habitat in this area. Commissioner Stiles questioned whether the architects had considered the view from Eagle Point Park to the building top. Mr. Harvey stated that people in the park, if looking south, would only be able to see the very north end of the building. Commissioners discussed the building height as it related to Eagle Point Park overlooks. Commissioner Schlitz questioned the architectural style of the structure, stating that it may not be compatible with the limestone and clay tile architecture of the park: Mr. Harvey stated that this type of architecture was not easily applied to a large, tall structure such as the proposed condominium. Commissioner Hardie questioned how the 100-foot building elevation had been arrived at. The architect discussed the building height stating that it is measured from the top of the parking level. Commissioner Roush asked about the elevation of the park as it related to the building. Commissioner Schlitz stated that the site diagram should indicate elevations for the west side of the project, including the Eagle Point Park area. Staff Member Kritz discussed the staff report. He outlined the existing CR regulations, discussed R-4 regulations for multi-family development and discussed PUD requirements. He said that the Zoning Board of Adjustment had approved a 0.8-acre PUD subject to the approval of the rezoning request. He stated that at 164 off-street parking spaces, the project has slightly above two spaces per unit. He stated that water and sewer service upgrades would be necessary to serve this location. He said the only additional impervious area created by the project would be the parking area east of the building on the adjacent lot. Staff Member Kritz discussed the Endangered Species Act, referencing that portion of the PUD Ordinance that states that any project must follow all state, federal and local requirements. Staff Member Carstens stated that all federal regulations, including those administared by the U.S. Fish and Wildlife Service, apply to this project. She said that peregrine falcon migration takes several years to unfold and that the falcons originally released at this location were slated to return in the near future. Chairperson Bird asked if the rezoning automatically triggers the federal regulations. Staff Member Carstens stated that any disturbance of this site, as defined by the Endangered Species Act, would have to receive federal review and approval, regardless of the rezoning, and would require a mitigation plan. Minutes - Zoning Advisory Commission February 5, 2003 Page 9 Commissioner Hardie stated that he is concerned with the height of the building, its impact on the view from Eagle Point Park, the lack of permeable area for the site and the building's total consumption of the lot. Chairperson Bird said that he would like to see the buildings as viewed from other angles, including from the park. He said he feels the building design is not in character with the adjacent bluff or park amhitecture. Commissioner Schiltz said he agrees with the Chair; he said that the park is a national treasure, which is composed of limestone bluffs and Frank Lloyd Wright style amhitecture. He said that the building would block the natural beauty of Eagle Point Park. Commissioner Smith said that he feels the building is too large in scale and futuristic in design and is not appropriate for this site. Commissioner Roush said that he is concerned with the height of the building and lack of clarity regarding the base grade level and overall height of the building as it pertained to the parking levels and the first floor of the building. Commissioner Stiles sa~d that the bu Id ngs attract ye and w II compl ment the America's R/ver project. He said that the building is forward looking and futuristic. He said that the community building and observation deck on top of the building could possibly be redesigned to be more sensitive to the park area. He said he feels the building is visionary and impressive. Commissioner Christ stated that she is concerned with the building,s visual impact along the bluff lines and with traffic. Chairperson Bird asked the applicants ~f they would, be willing to table the request and submit a redesigned project, somewhat reducing the scale of the building and altedng the design to address the concerns raised by Commissioners. George Murphy stated that Mr. Spiegel does not want to make any changes in the proposal. Motion by Christ, seconded by Smith, to approve the rezoning. Motion was denied by the following vote: Aye - Stiles; Nay - Smith, Hardie, Christ, Schlitz, Roush and Bird. PUBLIC HEARING ~ ARC DESIGN RESOURCES INC/JMC GOLD MEDAL MEAT INC. (referred by City Council): Application of Arc Design Resources/JMC Gold Medal Meat, Inc. (referred by City Council) to rezone propei'[y located at 16~ & Sycamore Streets, from HI Heavy Industrial District to PUD Planned Unit Development with a PC Planned Commercial zoning designation to allow a Wal-Mart Super Center. Chairperson Bird read from the January 20, 2003 City Council minutes that this rezoning has been referred to the Zoning Advisory CommisSion for a public hearing by the full membership. Chairperson Bird referenced a letter submitted by ARC Design Resources asking to table the rezoning request. Joe Altenhoff, representing ARC Design Resources, said that in deference to those citizens in attendance ~at wished to express their opinion, he would withdraw the request to table the rezoning !at this time. Staff Member O'Brien advised the Commission to make a motion to hold the public hearing. Motion by Smith, seconded by Stiles, to reopen the public headng. Motion was approved unanimously. ~ Minutes - Zoning Advisory Commission February 5, 2003 Page 10 Mr. Altenhoff stated that the site is large enough to accommodate a Wal-Mart Super Center. He said that the site has good access; the traffic flow is adequate and that the property has two additional outlets for future development. He said that the site has good access to utilities and that Wal-Mart is willing to work with the City of Dubuque to help relocate the Bee Branch storm sewer. He said that Wal-Mart proposes to segregate the truck and customer traffic with primary truck entrance off of Kerper Court and customer traffic from 16th Street. He said that Wal-Mart has added much green space to this site and will place appropriate lighting in the area. He stated that Wal-Mart has worked closely with the City of Dubuque Engineering Department to resolve traffic issues and have proposed improvements to streets and signals that will help facilitate smooth traffic flowin the area. He discussed the three-lane traffic concept with a center turn lane. He stated that Wal-Mart has examined the demolition, environmental, and geotechnical issues for the site. He said it will be very costly to redevelop the site. He said that Wal-Mart will bear the cost of the street improvements. He said that this project will revitalize the downtown area, add green space to an area that is currently fully paved, facilitate street improvements and encourage additional development in the area. He said that Wal,Mart is willing to work with the City to generate a design sensitive to the surrounding architecture, which may include a brick fagade for the building. Ken Bichell, 1106 Grove Terrace, said that standard Wal-Mart building design can have a negative impact on tourism. He said that other cities throughout the country have denied Wal-Mart stores outright. He said that Wal-Mart stores often have devastating effects on small businesses and have Iow employee pay. He said that if Wal-Mart stores under perform, they are abandoned and left sitting. He said that strict architectural requirements for the building can be required. He said that the City can also require additional green space and park area and a demolition guarantee. Tony Zelinskas stated that he is an engineer with WHKS and that he is representing River City Development Group. He reviewed the traffic analysis provided by ARC in November, 2002. He discussed the status ofthe current traffic, stating that the counts gleaned atthe 16t~ Street intersections with Kerper Boulevard and Elm Street were gathered in a three- hour period in November and are not necessarily a valid baseline. He said the traffic counts are not those counts provided by the Iowa Department of Transportation. He discussed average weekday trip generation. He stated that the original analysis did not examine weekend peak hours and is, therefore, deficient. He said there is no traffic projection for surrounding related site development. He said that an easement from the adjacent Smith property to the street will create a traffic problem, in that the access drives will be too close in proximity. He said that the traffic percentages have not been tested. He said that there are errors in lane combinations and configurations for the projections for the years 2004, 2014, and 2024. He said that the analysis did not account for heavy truck traffic at the intersections. He said that there is no analysis provided for the 14th and Sycamore Street intersection. He said that the study did not provide an analysis of train movements. He said that the original queue analysis was lacking. He discussed the traffic stacking at 16th Street and Kerper Blvd. He said that the original analysis did not factor in Minu~s- Zoning Advisory Commission February 5,2003 Page 11 pedestrian traffic to the trail. He said that queue lengths at 16th and Elm Street have not been analyzed. Commissioner Schlitz questioned trip analysis for peak hours. Mr. Zelinskas stated that this analysis was based on Institute of Traffic Engineers (ITE) average dailY tdps data. Commissioner Schlitz said the baseline traffic count was taken when the marina and dog track were not operating. Commissioner Smith questioned the accuracy of the analysis. Mr. Zelinskas stated that the analysis provides rai3ges and estimates that only give guidance to engineers regarding potential traffic. John O'Connor, 700 Locust Street, said that he represents Tom Flynn of Flynn Ready Mix. He said that Flynn is the neighbor to the north of the subject property. He said Mr. Flynn had set criteria when he chose the site for his new facility. He said the criteria included: avoiding a railroad crossing, available rail access, downtown location, an area with limited vehicular traffic, and a site compatible with a concrete plant. He said their product has a shelf life and must be to the site in 30 minutes. He said Wal-Mart will violate two criteria, which are traffic volume and product delivery time. He said that additional truck traffic on Kerper Court will limit his access. He said that vehicular traffic will cut through from the Wal-Mart parking lot to Kerper Court, further exacerbating traffic problems. He said that the dust produced by the cement plant will affect Wal,Mart, as the prevailing wind will carry it onto the lot. He said that this project, if approved, will have a detrimental effect on Mr. Flynn's business. Rick Anderson, 2386 Birchwood Ddve, said that he is a business owner and he is concerned with the effect of the Wal-Mart on small businesses. He said that he donates a large portion of his profits back to the community. He said that the City should not put tax dollars into this project. He said that Wal-Mart will create a large amount of traffic. John Gronen, 1766 Plymouth Court, said he represents the River City Development Group. He said that the group wishes to do an alternative development for this site. He said that this is a large, valuable site, which is zoned heavy industrial with good highway access and a rail spur. He said that the group wishes to redevelop this site in a manner more appropriate for the area. Steve Ryan, 853 Dorothy Kay, said that he represents Wendy's Restaurant. He said that Wendy's has concerns with the traffic analysis and the potential for stacking to limit access to the restaurant site. Jill Reimer, 4959 Red Violet Drive, said she is concerned with the potential impact of traffic on Heritage Trail. She said she is concerned that Wal-Mart will not keep their promises. Paul Fahey, 16115 Forest Gate Road, said he is opposed to the project because it is not an appropriate land use. He said that this is one of the only industrial parcels with rail access. He said that Wal-Mart would create a traffic problem and limit development of the Bee Branch sewer extension. Minutes - Zoning Advisory Commission February 5, 2003 Page 12 Melvin Maus, 1745 Sarah Street, said that he feels that the City needs additional industrial land. Dave Schoenhardt, 1660 Iowa Street, said that he is a small businessman in the area and is concerned with the potential traffic generated by this large of a development. Lynn Michels, 17375 Gardeners Lane, said that the low wage base provided by Wal-Mart is reason to reject the proposal. John Kretz, 2160 Jonathan Lane, said he is concerned with the welfare of his employees. Wayne KIostermann, representing the North End Neighborhood Association, said that the view of the existing abandoned factory from the Wisconsin approach has a negative impact on the city's gateway. He said that the Wal-Mart proposal will spur additional commerCial development and eliminate slum and blight in the north end neighborhood. Joe Altenhoff said he would like time for Wal Mart's engineers to review the traffic analysis provided by Mr. Zelinskas. He said that Wal-Mart needed time to prepare a response to the concerns raised by the consultant and the citizens. He said that Wal-Mart is comfortable working in concert with the City Engineering Department to analyze traffic and propose solutions that will facilitate traffic movement. He asked that the Commission table the request to rezone until April, so that he could address all of the issues raised at tonight's meeting. Commissioners declined to make a motion to table, and asked for staff input. Staff Member Carstens stated that staff had been given Mr. Zelinskas' list of 11 items at this meeting. She stated that Public Works Director Mike Koch had addressed many of the questions raised by the consultant in his initial analysis. She said that Mr. Koch was not available for the meeting, and staff was not able to respond to all of the consultant's issues at this time. Commissioner Stiles said that reinvestment in the community is good but that the traffic analysis is not adequate. He said that the local development group's proposal may be better for this site. He said that he will not support the Wal-Mart project. Commissioner Schlitz said that he has concerns with traffic. He said that the infrastructure in this area is not adequate to handle the kind of traffic generated by the proposed project. Commissioner Smith said that he has concerns with traffic. He said that the analysis provided by the consultant indicated that the traffic will be worse than he had originally anticipated. Minutes - Zoning Advisory Commission February 5, 2003 Page 13 Commissioner Roush stated that he is not opposed to the project based on competition, wages or riverfront development. He said that he feels these are not zoning issues. He said he is concerned with traffic issues and questions that were not answered by the traffic analysis. Commissioner Christ said that this area is more appropriate as heavy industrial land. She said she is concerned about traffic issues. She said that she would like to see the development group explore options other than a Wal-Mart. Chairperson Bird stated that he has concerns regarding the kinds of traffic problems potentially generated by the Wal-Mart store. Motion by Smith, seconded by Stiles, to approve the rezoning request. Motion was denied by the following vote: Aye - None; Nay - Smith, Hardie, Christ, Stiles, Schiltz, Roush and Bird. ADJOURNMENT: The meeting adjourned at 10:45 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted