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Minutes_Zoning Advisory Commission 12 2 09Dubuque THE CITY OF ~_~~ DuB E Dr~~ '1~~1.' Masterpiece on the Mississippi Zoos MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION 6:00 p.m. Wednesday, December 2, 2009 City Council Chamber 350 W. 6th Street, Dubuque, Iowa PRESENT: Chairperson Jeff Stiles; Commissioners Ron Smith, Stephen Hardie, Martha Christ, Patrick Norton and Tom Henschel; Staff Members Kyle Kritz and Guy Hemenway. ABSENT: Commissioner Charlie Miller. 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 6:00 p.m. MINUTES: The minutes of the November 4, 2009 meeting were approved unanimously, as submitted. ACTION ITEMIPLAT OF SURVEY: Application of Grand View United Methodist Church for approval of the Plat of Survey Barton Randle Second Addition located east of Plaza Drive. Ron Turner, 1866 Phyllrich Drive, outlined the church's request. He said that the church would like to split a lot so that a portion can be sold to the Humane Society and that the balance of the lot will be retained by the church. He said neither lot currently has frontage. Staff Member Kritz said that the current subject lot has no frontage. He said that Lot 1 will be served by an extension of Plaza Drive. He said that the Plaza Drive extension is in place, but the plat has not yet been recorded. Lot 2 will gain access through the church's existing parcel fronting on John F. Kennedy Road. He recommended approval subject to waiving the lot frontage requirements. There were no public comments. Motion by Hardie, seconded by Christ, to approve the Plat of Survey Barton Randle Second Addition, subject to waiving the lot frontage requirements for Lots 1 and 2. Motion Minutes -Zoning Advisory Commission December 2, 2009 Page 2 carried by the following vote: Aye -Smith, Hardie, Christ, Norton, Henschel and Stiles; Nay -None. PUBLIC HEARINGIREZONING: Application of Brian Kane / Westside Arterial Development, LLC, to rezone property located at the north end of Millstone Drive (Lot 1 & 2 of Lot 36 of Harvest View Estates, Fifth Addition) from R-1 Single-Family Residential District and R-3 Moderate Density Multi-Family Residential District to PR Planned Residential District. Brian Kane, 2100 Asbury Road, said that he is the attorney representing Westside Arterial Development, LLC. He introduced Wayne Briggs, Tom Kelzer and Jim Kaune. He said that the applicant is requesting to rezone an approximately 8-acre parcel from what is currently R-1 and R-3 to PR Planned Residential. He discussed surrounding land use and noted that the subject lot is currently vacant. He said that the Comprehensive Plan future land use map recommended that the area be developed for multi-family residential use. He said that under existing zoning standards 105 units can be built on the subject property. He discussed traffic generation and street configuration noting that there would be no access from the subject property onto Millstone Drive. He said it is the intent of the applicant to build 156 approximately 1,000 square foot apartment units with surface parking and garages. Mr. Kane discussed those changes that he said he feels warrant rezoning including the need for rental housing, the Comprehensive Plan goals, and Future Land Use map recommendations. He said that the proposed development would reroute potential traffic that would otherwise access through Harvest View Estates subdivision. He discussed the City's preference for a secondary emergency access. He noted that the site has adequate green space. He said that the applicant invited the neighbors to a meeting in October and that screening was added along the property boundary in response to the concerns expressed by neighbors. He said that the proposed development will meet City standards for lighting, parking and storm water management. Jim Steffen, 2600 Matthew John Drive, spoke in opposition to the request. He said that no changes that warrant rezoning have been demonstrated by the applicant. Marty Helle, 2553 Wheatland Drive, outlined the property history and original development agreements. He said that Mr. Kelzer was aware of those agreements. He discussed the status of housing throughout the community and property taxes. He asked that the Commission leave the property zoned as is. Mark Gudekauf, 2493 Hilton Springs Drive, said that he is one of the original property owners in Harvest View Estates. He discussed the property and neighborhood history, area economics and PUD development. He said that the topography of the site will limit the effectiveness of the proposed screening. He said that he felt that the proposed development is too dense. Minutes -Zoning Advisory Commission December 2, 2009 Page 3 Steve Mai, 2592 Hilton Springs Drive, said that he owns property adjacent to the subject lot. He discussed land use in the area noting that neighbors based their property purchase on the original zoning. He said that the rental rates for the proposed units would be half of what his mortgage payment is. He said that the new development would not be bound by the same covenants that Harvest View Estates is bound by. He said he is concerned that apartment dwellers will park in the neighborhood, especially in the proposed hammer-head cul-de-sac. He said that the proposed development is not green or sustainable or imaginative. He said that the proposed apartments are the same as those that had been built in the community over the last 30 years. He said that a large percentage of the adjacent home owners agree that the existing zoning is appropriate and should be left in place. Dan Smith, 2569 Wheatland, said that he lives in close proximity to the subject property and that he shares the concerned expressed by the previous speakers. He discussed existing vacancy rates for rental units and said that he feels developers may be over- building. He discussed property ownership versus property rental. Rick Dickinson, Greater Dubuque Development Corporation, spoke in favor of the request. He discussed current housing needs and economic conditions within the community. Brian Kane discussed measures that he said the applicants have undertaken to address the neighbor's concerns. He said that the subject property is not subject to Harvest View Estates' covenants. He said he feels that property value in the neighborhood would not be significantly impacted by the development proposed for the subject property. He said that the proposed changes are not as drastic as they have been characterized and that rerouting the traffic to the Northwest Arterial will be beneficial for the Harvest View Estates neighborhood. Chairperson Stiles read a petition and letters of opposition into the record. Staff Member Kritz briefly outlined the request, discussing the Comprehensive Plan, land use recommendations, existing zoning and the definition of planned unit development and the PUD process. He discussed the number of units, relative density, traffic counts, percentage of permeable area and access. He said that the hammerhead cul-de-sac will have to be completed by the summer of 2010 as recommended by the Engineering Department. He discussed the City's recommendation for pedestrian access between Harvest View Estates and the subject lot. He discussed the interior private roadways and future access through the vacant commercial property to the west. He discussed the proposed landscaping and screening along the south and east sides of the property line. He said that staff feels that it would be more effective to place the screening exclusively on the south side, using closer spacing. He said that 8 foot spacing with 4 to 6 foot high plantings would be more effective. Minutes -Zoning Advisory Commission December 2, 2009 Page 4 Commissioner Hardie asked about the required open space. Staff Member Kritz discussed the Unified Development Code open space guidelines as they regard the subject development. Commissioner Hardie asked about access to Resurrection Church. Staff Member Kritz noted that the access is rather convoluted and not likely to be used by residents of the apartments, but that the church could construct a gate if a problem developed. Commissioner Smith asked about the private agreements between the developer and Harvest View Estates that had been noted by the neighbors. Staff Member Kritz said that City staff was not privy to any detailed information regarding said covenants, but that private agreements and covenants are not enforceable by the City of Dubuque nor is the City bound by private agreements that the City is not a party to. Chairperson Stiles said that he is pleased that access from the proposed development to Matthew John Drive has been eliminated. He said he is in favor of the request, in part, because the Comprehensive Plan calls for multi-family development at this location. Commissioner Hardie said that the original zoning was well thought out and that development of the R-3 portion would satisfy the Comprehensive Plan recommendation for multi-family housing. He said the existing zoning offers a good transition. He discussed the intent of the PUD ordinance stating that he feels PUDs had recently been used to maximize density. He said that the PUD proposal does not provide any amenities that would be beneficial to the residents of the site. Commissioner Smith said that he agrees with concerns raised by the other Commissioners, noting that he feels the original rezoning is correct. He said that the Zoning Commission's charge is to determine that the proposed land use changes are appropriate. Commissioner Christ agreed. She said that the R-3 property could be developed for multi-family units. She said that she feels that the duty of the Commission is not only to look at the immediate need, but to look to the future and not make rash decisions that are not appropriate for the surrounding area. Commissioner Henschel said that he understands arguments on both sides and agrees with what had been stated by the Commissioners. Commissioner Norton discussed the proposed change versus the existing zoning. He said he feels the request is not unreasonable and does not represent a dramatic change from the original zoning. Motion by Smith, seconded by Christ, to approve the rezoning request, as submitted. Motion denied by the following vote: Aye -Norton and Stiles; Nay -Smith, Hardie, Christ and Henschel. Minutes -Zoning Advisory Commission December 2, 2009 Page 5 PUBLIC HEARINGIREZONING: Application of Joel Callahan to rezone property located along Commerce Park (Lots 1, 3, 10 and C Block 3 Westbrook Subdivision) to rezone property from CS Commercial Service & Wholesale District to R-4Mutti-Family Residential District. Joel Callahan, 7629 Commerce Park, outlined his request. He said that he would like to rezone lots adjacent to existing residential development on Westbrook Drive. He said this will create a more appropriate transition between the low density residential and the apartment buildings. Commissioner Henschel asked why the lot at the corner of Commerce Park had not been included in the rezoning request. Mr. Callahan noted that he does not own that lot. Rick Dickinson, Greater Dubuque Development Corporation, spoke in support of the request. He discussed the need for housing in the community. Staff Member Kritz outlined the staff report noting that the location of the four parcels, surrounding zoning and land use. Commissioner Hardie discussed the former rezoning request on the south side of Commerce Park and the subsequent City Council action to approve the request. He said that he would have preferred that the City Council refer the request back to the Zoning Advisory Commission for a more comprehensive review of the proposal. He said that the proposed residential development is still directly adjacent to CS land use and does not represent an appropriate transition. He discussed the uses permitted in a Commercial Service district. Chairperson Stiles discussed commercial service uses. He noted that the CS district is one of the least intense commercial districts and that it will bean appropriate transition to what he feels is the most intense multi-family residential district. He said that the proposed development has created contiguity between the residential districts. Commissioner Norton said that, while the process was not perfect, the rezoning made the transition complete. Commissioner Smith said that he still has concerns with the existing commercial service uses being located directly adjacent to the residential units. He said he is not happy with how the process had been undertaken, but that he will support the request. Commissioner Henschel agreed. Commissioner Norton asked staff about the potential for creating a spot zone for the single lot that was not included in the request. Minutes -Zoning Advisory Commission December 2, 2009 Page 6 Staff Member Kritz and the Commission discussed spot zoning and a memo submitted by Assistant City Attorney, Tim O'Brien, regarding the same. Staff Member Kritz briefly outlined the staff report and offered to field any questions the Commission had. Motion by Kritz, seconded by Norton, to approve the rezoning request, as submitted. Motion carried by the following vote: Aye -Smith, Kritz, Norton, Henschel and Stiles; Nay - Hardie. ITEMS FROM COMMISSION: Memorandum regarding spot zoning: The Commission had discussed the memo regarding spot zoning during the previous request. ADJOURNMENT: The meeting adjourned at 7:50 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted F:\USERS\KMUNSON\WP\BOARDS-COMMISSIONS\ZAC\MINUTESVAC MINUTES 2009VAC MIN 12_02_2009.DOT