Minutes_Zoning Advisory Commission 12 2 09Dubuque
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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
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