Minutes_Zoning Advisory Commission 4 4 18 Copyrighted
April 16, 2018
City of Dubuque Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: Airport Commission of 3/26; Cable TV Commission of 4/4;
Community Development Advisory Commission of 3/28;
Historic Preservation Commission of 3/15; Human Right
Commission of 3/12; Library Board of Trustees Update of
3/29; Parks and Recreation Advisory Commission of 3/13;
Resilient Community Advisory Commission of 3/1 ; Zoning
Advisory Commission of 4/4; Zoning Board of Adjustments
of 3/22; Proof of Publication for City Council Proceedings
3/19
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Airport Commission Minutes of 3/26 Supporting Documentation
Cable N Commission Minues of 4/4 Supporting Documentation
Community DevelopmentAdvisory Commission Minutes Supporting Documentation
3/28
Historic Preservation Commission Minutes of 3/15 Supporting Documentation
Human Right Commission Minutes of 3/12 Supporting Documentation
Library Board of trustees Update of 3/29 Supporting Documentation
Parks and Recreation Advisory Commission Minutes of Supporting Documentation
3/13
Resilient Community Advisory Commission Minutes of Supporting Documentation
3/1
Zoning Advisory Commission Minutes of 4/4 Supporting Documentation
Zoning Board of Adjustment Minutes of 3/22 Supporting Documentation
Proof of Publication for City Council Proceedings 3/19 Supporting Documentation
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MINUTES
CITY OF DUBUQUE ZONING ADVISORY COMMISSION
REGULAR SESSION
6:00 p.m.
Wednesday, April 4, 2018
City Council Chamber, Historic Federal Building
Commissioners Present: Chairperson Tom Henschel; Commission Members Pat
Norton, Rich Russell, Laura Roussell, Steve Baumhover, Martha Christ and Michael
Belmont; Staff Members Kyle Kritr and Guy Hemenway.
Commissioners Excused:
Commissioners Unexcused:
CALL TO ORDER: The meeting was called to order by Chairperson Henschel at 6:00 p.m.
AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying the
meeting was being held in compliance with the lowa Open Meetings Law.
MINUTES: Motion by, Belmont, seconded by Christ, to approve the minutes of the March
7, 2018 meeting. Motion carried bythe following vote: Aye—Baumhover, Roussell, Christ,
Russell, Belmont and Henschel; Nay— None, Abstain-- Norton.
ACTION ITEMS
Simple Plat: Application of John F. Thompson Trust/ Buesing Associates to approve
the Plat of Survey of MVT Place, located at 237 Fremont Avenue.
Commissioner Norton recused himself due to a conflict of interest.
The applicanYs representative, Tom Thompson, 11168 Holy Cross Road, Holy Cross,
lowa, spoke in favor of the request, noting that the plat would split two family lots for a
home and carriage house. He noted the plat would eliminate a property line
encroachment by the garage of the home.
Staff reviewed the staff report, noting the plat would eliminate the garage encroachment
and create hnro saleable lots. Staff noted Lot 1 will have 0 feet of street frontage but will
have alley access.
There were no public comments.
The Zoning Advisory Commission discussed the request, and clarified the lot areas.
Zoning Advisory Commission Minutes Page 2
April 4, 2018
Motion by Christ, seconded by Baumhover, to approve the Plat of Survey of MVT Place
subject to waiving the lot frontage requirement for Lot 1 . The motion was approved by
the following vote Aye- Roussell, Christ, Baumhover, Russell, Belmont and Henschel;
Nay — None, Abstain- Norton.
PUBLIC HEARINGS
PUD Amendment: Application of Dubuque South Pointe LLC / Aaron Healey to revise
Dubuque South Pointe Development PUD to modify bulk standards for Townhouse Lots
for South Pointe Subdivision
Commissioner Norton recused himself due to a conflict of interest.
The applicanYs representative, Patrick Norton, Buesing & Associates, spoke in favor of
the request, asking for approval of revised bulk standards. He noted that the
developers have received requests for larger townhouse units, which exceed the
existing bulk standards of 40°k lot coverage and 20-foot setbacks.
Staff Member Kritz reviewed the staff report, noting the PUD amendment will allow
larger townhouses. He explained that a number of the units are located on double-
frontage lots, which require two, 20-foot setbacks. He noted the applicanYs requested
adjustment of standards for 43°k lot coverage and 13-foot setbacks. He explained staff
recommended 50°k lot coverage and 10-foot setbacks for greater flexibility. He said
that these standards are used in the R-2A District in older areas of town.
Staff Member Kritz also explained that the proposed six-foot screening fence along
South Pointe Drive is intended to provide privacy for the adjacent townhouse units. He
noted the fence would meet SUDAS standards for traffic visibility.
There were no public comments.
The Zoning Advisory Commission discussed the request, and asked staff to explain the
SUDAS standards for the fence. Staff Member Kritz noted the applicanYs engineer had
submitted a layout plan for the fence to the City Engineering Office. He explained the
City Engineering staff were comfortable with the layout, and would field verify to ensure
that the SUDAS standards would be met when installation of the fence began.
Motion by Roussel, seconded by Christ, to approve the revised Dubuque South Pointe
Development PUD to modify bulk standards for townhouse lots. Motion was approved
by the following vote: Aye — Baumhover, Roussell, Christ, Russell, Belmont and
Henschel; Nay — None, Abstain- Norton.
PUD Amendment: Application of the City of Dubuque to amend Millwork District
Planned Unit Development to allow a new Parking Lot for property located at 1146 Elm
Street.
Zoning Advisory Commission Minutes Page 3
April 4, 2018
Planning Services Manager Laura Carstens, representing the City of Dubuque, spoke in
favor of the request, noting the amendment would allow a parking lot on the former S &
K property at 1146 Elm Street. She reviewed the 2009 Historic Millwork District Master
Plan's goals, impacts, and coordinated parking strategy. She noted the 2010 PUD
implements the Master Plan. She said the City Council previously approved PUD
amendments for parking lots adjacent to the subject property in 2013 and 2015. She
recommended approval of the PUD amendment as being consistent with the Master
Plan and an expansion of previous amendments for parking lots.
There was one public comment received and filed.
The Zoning Advisory Commission discussed the request and felt it was appropriate.
Motion by Baumhover, seconded by Belmont, to approve the amendment to the Historic
Millwork District to allow a new parking lot at 1146 Elm Street. Motion was approved by
the following vote: Aye — Baumhover, Roussell, Christ, Norton, Russell, Belmont and
Henschel; Nay — None.
ID Amendment: Application of Mercy Hospital, Mercy Drive, to amend the Institutional
District to allow a new surface parking lot east of the helipad.
Cody Austin, IIW, 4155 Pennsylvania Avenue, said that he represents Mercy Hospital.
He said that Mercy would like to create a 133-space parking lot. He said that it will
conform to the UDC design guidelines and provide effective screening and storm water
management.
Commissioner Russell asked if the other Mercy parking lots would be reconstructed.
Mr. Austin described the proposed process for parking lot improvements and the
addition of the cancer center building on the campus.
Chad Caszatt, 1085 Clara Court, inquired about traffic circulation patterns along
Wooten Street. He said he is concerned that a parking lot near his house would impact
his property value. Mr. Austin said that the new lot will displace parking spaces in the
existing lot and will; therefore, not generate additional traffic. He said there will be no
direct access to Clara Court and that storm water for the parking lot will be managed as
per City of Dubuque Engineering requirements.
Staff Member Kritz discussed the nature of institutional districts, stating that they serve
as a campus plan for hospitals and schools. He said that because the parking lot
represents a significant change on the campus fringe, it is necessary for Mercy to
amend their institutional district concept plan to reflect the changes. He said that an
ambulance maintenance facility had been approved for this location in the past, but had
never been built. He said that the additional parking lot is part of a larger general
redevelopment of the Mercy campus that will ultimately accommodate a new cancer
center. He discussed traffic circulation in the neighborhood.
Zoning Advisory Commission Minutes Page 4
April 4, 2018
Commissioner Russell asked what the number of spaces were in parking lot C. Mr.
Austin said the reconfiguration will bring all the parking lots into compliance, and
ultimately the campus will lose from 30-50 parking spaces.
Commissioner Belmont said that the 40-foot setback from the adjacent residential
properties should serve as an effective buffer.
Staff Member Kritz noted the grade change between the parking lot and the adjacent
residences. He said that the difference in elevation and the presence of mature
landscaping would serve to buffer the lot from the neighbors.
Commissioners discussed the request and felt it was appropriate.
Motion by Christ, seconded by Roussell, to approve the amendment to the Institutional
District to allow new surface parking lot east of the helipad for Mercy Hospital. Motion
was approved by the following vote: Aye — Baumhover, Roussell, Christ, Norton,
Russell, Belmont and Henschel; Nay — None.
Rezoninq: Application of Royal Oaks / Michael Weber, to rezone 19.23 acres in Silver
Oaks Estates from county to R-3 Moderate Density Multi-Family Residential District in
conjunction with annexation to the City of Dubuque.
Mike Weber, Weber Surveying, 26789 46�h Ave., Bernard, lowa, said that he represents
Royal Oaks. He said that their intent is to annex the subdivision to the City and rezone
to permit residential use from single-family homes to six-unit buildings.
Eric Lockhart, 7764 Silver Oaks Drive, said that there had just been a transference of
their homeowner association. He discussed the covenants for the subdivision noting
that they limited development to single-family residences. He said that because the
neighbors were not notified they have not had time fully study the proposal. He
expressed concerns with traffic and the potential impact on property values. He asked
the Commission to table the request until the neighbors have adequate time to review
the proposal.
Deb Hooks, 7834 Silver Oaks Drive, expressed concerns with ownership and
maintenance of the access road. She asked that the Commission table the request so
neighbors could conduct further review.
Walter Schlesser, 8303 Wildlife Ridge, expressed concerns with the potential for
increased traffic in the neighborhood. He asked that the neighbors be provided more
time to review the request.
Kevin Ciesielski, 8605 Wildlife Ridge, expressed concerns with the potential impact on
property values. He said that he does not believe there is a demand for multi-family
housing in the area. He asked that the Commission deny the request.
Zoning Advisory Commission Minutes Page 5
April 4, 2018
Kevin Zettek, 7897 Silver Oaks Drive, asked that the Zoning Advisory Commission deny
the rezoning request.
Joleen Bodine, 8280 Talyn Court, said that she agreed with the concerns raised by the
neighbors, and she asked that the Commission deny the rezoning request.
Mr. Weber said that the individual lots and the access road is owned by the
development group with property lines going to the center of the street and access
guaranteed by an easement. He noted that the development is directly adjacent to the
City limits and that City water and sewer are available. He said that the lots will be
sized to accommodate four-plexes.
Commissioner Baumhover asked if the development request is urgent, or if the
applicant had the ability to table the request. Mr. Weber said he was not sure.
Staff Member Kritz outlined the staff report, noting that the request is for an annexation
and rezoning. He said that the Commission is only reviewing the rezoning request. He
discussed a map provided in the packet that delineated the City limits. He noted that
he had not been aware that there were issues regarding covenants and access. He
said that covenants are not within the purview of the Commission. He said that the
preliminary plat called for this area to be single-family homes on smaller lots. He said
that City water and sewer are available to the site. He said that R-3 zoning would allow
single-family homes up to six-unit residential structures dependent on lot size. He said
that the traffic generated by a multi-family dwelling per unit is less than that generated
by a single-family home.
Commissioner Russell asked if the street would be a public street. Staff Member Kritz
said the street would remain private unless dedicated to the City. He said that the
notification process was followed, however, many of the residents that spoke were
outside of the 200-foot limit.
Commissioner Baumhover asked if another road were to be built, how would it be
configured. Staff Member Kritz discussed road configuration and proposed access to
the private street system.
Mr. Weber said that because there are unresolved issues with the covenants and
access, he would like to table the request.
Commissioner Belmont said that he had concerns with the intensity of R-3 zoning, and
that R-2 may be more appropriate. Commissioners Belmont, Christ, and Norton said
they agreed.
Motion by Christ, seconded by Norton, to table the request to rezone 19.23 acres from
County R-2 to City R-3 Moderate Density Multi-Family Residential in conjunction with
annexation to the City of Dubuque to a future date. Motion was approved by the
Zoning Advisory Commission Minutes Page 6
April 4, 2018
following vote: Aye — Baumhover, Roussell, Christ, Norton, Russell, Belmont and
Henschel; Nay — None.
Commissioner Norton recommended that Mr. Weber and the ownership of Royal Oaks
work with the neighbors to resolve any outstanding homeowner association issues.
Rezoninq: Application of Sam Murley and Ron Klein to rezone approximately 4 acres
located on Stone Valley Drive from C-3 General Commercial to PUD Planned Unit
Development with a PR Planned Residential designation.
Commissioners Norton and Baumhover recused themselves.
Sam Murley, 14157 Deerfield Court, said that he represents himself and Ron Klein. He
said they would like to build three buildings totaling 60 units in three phases. He said
that the development will have shared amenities including a swimming pool. He said
that it will be a quality development and that this style of housing is needed in the
community.
Tobie Carol, 6635 Kingsley Lane, said that she is opposed to the rezoning. She asked
for a show of hands from members of the audience of those opposed to the rezoning.
She said that only 3 of the 57 people represented said that they would have purchased
their properties if they knew there was the potential for an adjacent rezoning. She said
that they want to maintain the country feel for their subdivision. She said that an
apartment complex will block her view and double the residential population. She said
that it will tax the school districYs ability to accommodate the students. She said it will
be detrimental to their property values. She expressed concerns with traffic safety
especially at what she said was a blind intersection. She discussed the neighborhood
covenants that she said do not allow houses to be rentals. She said that the City
continues to seek vacant commercial development property on the west side.
Carol Krayer, 6615 Kingsley Lane, said that hers is a beautiful subdivision and
neighborhood with a pond, trees and plentiful wildlife. She said that the subject
property should be maintained as green space. She expressed concerns with traffic
safety, storm water drainage, and potential flooding. She showed photos of the area.
Kelly Ungs, 6610 Kingsley Lane, expressed concerns with the potential impact of the
proposed development on traffic safety and residential density. She said that this
change may also affect her property value.
Candi Stallsmith, 6520 Kingsley Court, expressed concerns with drainage and storm
water management for the site.
John Carol, 6625 Kingsley Lane, said that the proposed development borders his
property on two sides of his subdivision. He said his is a newer subdivision and he felt
this kind of residential development would contribute to the decline of his neighborhood
Zoning Advisory Commission Minutes Page 7
April 4, 2018
with potential for an accumulation of trash and unkept properties. He said that renters
do not have long-term interest in the neighborhood. He said that the City will grow in
this area, and that commercial zoning makes more sense. He said that he is not anti-
growth, but he asked that the Zoning Advisory Commission deny the request.
Tom Sieverding, 6630 Kingsley Lane, said that he lives in very close proximity to the
proposed development. He said that the current subdivision has a small community
feel that would be disrupted by this development. He expressed concerns with the
potential for additional traffic. He asked that the Commission deny the request.
Valerie Parr, 6620 Kingsley Lane, said that she has small children. She said she does
not want to live by an apartment complex. She said she was concerned with the safety
of her children.
Ben Wilson, 6625 Kingsley Court, expressed concerns with traffic volume and
circulation.
Brian Brown, 6500 Kingsley Court, said that Hoover School had reached its capacity,
and that the additional students would further tax the school. He expressed concerns
with fire safety saying there is no fire station close by. He urged the Commission to
vote against the request.
Brent Cook, 6535 Kingsley Lane, asked that the Commission deny the rezoning
request.
Jennifer Davis, 6601 Dorchester Court, said that she agreed with the concerns raised
by her neighbors. She said she wanted to know if the residents of the proposed
apartments would be income-tested. She said that she was concerned with the building
design.
Russell Pfab, 6515 Kingsley Court, expressed concerns with traffic safety.
Molly Anderson, 6625 Kingsley Lane, said that hers is a great neighborhood. She said
that they may lose the cohesiveness of their neighborhood should the rezoning be
approved. She said that the area would become too large with too much resident
population. She expressed concerns with the developer stating that many of his
promises had not been kept.
Melissa Cook, 6535 Kingsley Court, asked for a guarantee regarding the development
proposal. She said she is opposed to the request.
Mr. Murley stated that the first building will be step one of a multi-phase process. He
said they have not determined the exact building design at this point. He said that
storm water will flow to an existing detention basin.
Zoning Advisory Commission Minutes Page 8
April 4, 2018
Staff Member Kritz outlined the staff report, discussing the concept plan for the site. He
noted that the site will be approved for 60 units in three buildings with a central pool
area. He discussed street access. He discussed the existing and surrounding zoning,
noting the number of uses allowed in the C-3 District. He said that residential use is
currently allowed on the second floor of any development within the C-3 District. He
discussed the zoning history of the area, noting that the request represents a transition
between residential and commercial development. He discussed the street and
highway reconfiguration and new traffic patterns that will result. He discussed trip
generation for the proposed development, stating it would generate approximately 400
vehicle trips per day. He discussed existing 30+ multi-family residential developments
that he said are scattered throughout the community. He noted that the Southwest
Arterial is slated to be completed in 2019.
Staff inember Kritz said that the Dubuque Community School District regularly
redistricts their service areas to accommodate changing student populations. He said
that when developed both C-3 and R-3 districts will generate additional traffic, but that
C-3 has the potential to generate more traffic than a residential development. He said
that C-3 development could easily be more objectionable to adjacent single-family
residences than residential development. He said the storm water detention area has
been sized for commercial development, and will readily accommodate residential
development. He said that the proposed apartment buildings will meet current Fire
Codes and will be sprinkled. He discussed secondary access issues. He said that the
PUD Ordinance would limit the development to 60 units, and that any increase in the
number of units would require that the applicant resubmit a request to amend the
district that would be heard at another public hearing. He said that the development
could be apartments, condominiums, townhouses, or assisted living residences. He
discussed the setbacks as detailed on the concept plan. He noted that there would be
approximately 22 trees and 35 shrubs along with screening along the parking lot edges.
Commissioner Roussell asked about the setback and buffering for the development.
Staff noted that due to the high pressure gas easement and the required setback from
the property line, there would be a minimum of 65 feet between the buildings and the
property lines of the adjacent development. Commissioner Roussel also asked about
storm water detention. Staff Member Kritz said that storm water will be managed as per
Engineering requirements. He noted that the grade of the site is below that of the
adjacent neighborhood.
Commissioner Russell asked if there are building design guidelines that could be
required as part of Commission approval. Staff Member Kritz said the Commission can
recommend design guidelines if they are specific.
Commissioner Russell asked about sidewalks. Staff Member Kritz discussed sidewalk
installation adjacent to the detention basin and the future park.
Zoning Advisory Commission Minutes Page 9
April 4, 2018
Commissioner Belmont noted that the landscape requirements are included in the PUD.
He also said there is a considerable setback so that a landscape buffer may not even
be necessary.
Commissioner Roussell asked if a single entrance for traffic is adequate. Staff Member
Kritz said it should be adequate based on average traffic numbers, and that there had
been a proposed secondary emergency access.
Commissioner Belmont said that because the C-3 district allows many commercial uses
and upper story residential, and that the development will be limited to what is portrayed
on the concept plan, he was prone to approve the request.
Commissioner Russell asked about the potential for a masonry exterior on the
buildings. Commissioners Christ and Belmont agreed that the building design was
important.
Commissioners discussed the request, stating that they felt that a 20°k masonry
building fa�ade would help insure quality building design.
Motion by Belmont, seconded by Russell, to approve the rezoning request with the
condition that the front building facades of each building be comprised of a minimum of
20°k masonry construction. Motion was denied for a lack of four affirmative votes by
the following vote: Aye — Christ, Russell and Belmont; Nay — Roussel and Henschel;
Abstain — Norton and Baumhover.
ADJOURNMENT: Motion by Christ, seconded by Russell, to adjourn the April 4, 2018
Zoning Advisory Commission meeting. Motion was approved by the following vote:
Aye — Baumhover, Roussell, Christ, Norton, Russell, Belmont and Henschel; Nay —
None.
The meeting adjourned at 8:15 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted