Minutes_Zoning Advisory Commission 6 6 18 Copyrighted
June 18, 2018
City of Dubuque Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council Proceeding of 6/4; Cable TV Commission of
6/6; Catfish Creek Watershed Management Authority of
6/6; Housing Commission of 5/22; Human Rights
Commission of 5/15, 5/21; Zoning Advisory Commission of
6/6; Zoning Board of Adjustment of 5/24; Proof of
Publication for City Council Proceedings of 5/14, 5/21.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
City Council Proceedings of 6/4/18 Supporting Documentation
Cable N Commission Minutes of 6/6/18 Supporting Documentation
Cafish Creek Watershed ManagementAuthority Supporting Documentation
Minutes of 6/6/18
Housing Commission Minutes of 5/22/18 Supporting Documentation
Human Rights Commission Minutes of 5/14/18 Supporting Documentation
Human Rights Commission Minutes of 5/21/18 Supporting Documentation
Zoning Advisory Commission Minutes of 6/6/18 Supporting Documentation
Zoning Board of Adjustment Minutes of 5/24/18 Supporting Documentation
Proof of Publication for City Council Proceedings of Supporting Documentation
5/14/18
Proof of Publication for City Council Proceedings of Supporting Documentation
5/21/18
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MINUTES
CITY OF DUBUQUE ZONING ADVISORY COMMISSION
REGULAR SESSION
6:00 p.m.
Wednesday, June 6, 2018
City Council Chamber, Historic Federal Building
Commissioners Present: Chairperson Tom Henschel; Commission Members Pat
Norton, Rich Russell, Laura Roussell, Steve Baumhover, Tom Henschel and Michael
Belmont; Staff Members Laura Carstens, Guy Hemenway and Wally Wernimont.
Commissioners Excused: Martha Christ.
Commissioners Unexcused: None.
CALL TO ORDER: The meeting was called to order by Chairperson Henschel at 6:05 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 Norton, seconded by Belmont, to approve the minutes of the May 2,
2018 Zoning Advisory Commission meeting as submitted. Motion carried by the following
vote: Aye— Baumhover, Belmont, Norton, Roussell, Russell, and Henschel; Nay— None.
PUBLIC HEARING - REZONING: Application of Royal Oaks Development Corp./
Michael J Weber (tabled) to rezone 19.23 acres located in Silver Oaks Estates from
County R-2 Residential to City R3 Moderate Density Multi-Family Residential Zoning
District in conjunction with annexation to the City of Dubuque.
Chairperson Henschel informed the Commission and those in attendance that the
applicant had submitted a formal request to table their rezoning application.
Commissioners discussed the request and felt that the public hearing for Royal Oaks
Development Corp's rezoning request should be held at the next regular Zoning
Advisory Commission meeting.
Motion by Baumhover, seconded by Roussell, to table the rezoning request and require
that it be heard at the July 5, 2018 Zoning Advisory Commission meeting. Motion carried
by the following vote: Aye — Baumhover, Belmont, Norton, Roussell, Russell, and
Henschel; Nay — None.
Minutes — Zoning Advisory Commission Page 2
June 6, 2018
ACTION ITEMS
PLAT OF SURVEY: Application of Gary Lindenberg, 693 Kaufmann Avenue to
approve the Plat of Survey of Lindenberg Place.
Commissioner Norton recused himself from the discussion.
Gary Lindenberg, 693 Kaufmann Avenue, explained his request. He noted that he
purchased the subject property and subsequently discovered that the house had been
built over the property line. He said the submitted plat will correct the encroachment.
Staff Member Hemenway discussed the property history, noting that a Special
Exception for setback had been granted to the former property owner. He said that the
applicant had purchased the property in good faith and had found that the house had
been built illegally over the side yard setback and into the adjacent lot, creating an
encroachment. He said that approval of the lot split will eliminate the encroachment
and provide the required setback. He said that both Lots 1 & 2 currently have no
frontage and when reconfigured, will also still not have any frontage, therefore not
increasing the non-conformity. He recommended approval.
Commissioner Belmont asked if the property owner of Lot 1 had agreed to the lot split.
Mr. Hemenway said that the lot was split after litigation and the property owner of Lot 1
was compelled to part with a portion of the lot.
Motion by Belmont, seconded by Russell, to approve the Plat of Survey of Lindenberg
Place subject to waiving the lot frontage requirements for Lot 1 and Lot 2. Motion carried by
the following vote: Aye — Baumhover, Belmont, Roussell, Russell, and Henschel; Nay —
None; Abstain - Norton.
SITE PLAN: Application of Epic Construction / LFOD of Dubuque, to approve the site plan
for a new medical office building located at Lot 2 Cedar Lake Plaza (Parcel # 10-34-101-
022).
Brad Bierman, 164 East Street, Potosi, Wisconsin, discussed the site plan forthe new ENT
building. He noted that the Cedar Lakes Planned Unit Development district regulations
require that site plans be reviewed by both the Zoning Advisory Commission and City
Council. He said he had submitted a complete site plan to the City's Development Review
Team and it had been approved.
Staff Member Hemenway outlined the staff report, noting that the site is located in the
Cedar Lake Planned District, and that the area has been primarily developed for medical
clinics. He explained that the Commission and Council site plan review requirement was
instituted in response to concerns about potential development on what was vacant
property at the time. He said that the City Development Review Team has reviewed and
approved the site plan subject to Commission and Council approval.
Minutes — Zoning Advisory Commission Page 3
June 6, 2018
Commissioner Russell asked if access will be taken from Lake Ridge Drive. Mr.
Bierman said that there are two shared accesses on both Lake Ridge Drive and on
Cedar Cross Road. He said there will be no further curb cuts onto Cedar Cross Road.
Commissioners discussed the request and felt it was appropriate.
Motion by Baumhover, seconded by Belmont, to approve the site plan for a new medical
office building on Lot 2 of Cedar Lake Plaza. Motion carried by the following vote: Aye —
Baumhover, Belmont, Norton, Roussell, Russell, and Henschel; Nay — None.
PUBLIC HEARINGS
REZONING: Application of Korrin & Sean Schriver / Holy Spirit Parish to rezone
approximately 4.5 acres of Holy Spirit Parish property located at 2900 Davenport Street
from R-1 Single-Family Residential Zoning District to AG Agricultural Zoning District with
conditions.
Korrin and Sean Schriver, 2815 Jackson Street, said they are proposing to purchase
the subject property and rezone it to accommodate gardens and greenhouses.
Mary Lou Bahl said that she represented Holy Spirit Parish, 2115 Windsor Avenue.
She spoke in favor of the request, stating they support the re-use of this currently
vacant property.
Staff Member Hemenway presented the staff report. He said that the request is to
rezone five acres of land from R-1 Single-Family Residential to AG Agricultural district.
He noted the land's location, topography, existing landscaping and surrounding land
use. He discussed aerial photography of the site. He said that the property sits below
the grade of Davenport Street and well above the grade of Central Avenue. He
discussed the location of the two access roads to the property. He said the applicants
intend to create an urban farmstead, which he said would be a relatively low intensity
use for the acreage. He discussed livestock, noting that unless further restricted, all
livestock would be permitted. He expressed concerns with potential impacts livestock
would have on adjacent residential properties. He noted that the applicants offered to
restrict the animals permitted on-site to chicken, ducks, and other fowl, bees, pygmy
goats (maximum of five). He discussed the potential for a conditional rezoning that
would clearly itemize what animals are permitted on-site.
Commissioner Roussell said that she felt this was a great re-use of the property, and
that it is screened on at least three sides by substantial vegetation. She said this is a
good use of the land.
Commissioner Norton asked about the differentiation between livestock and how
stockyards and confinement operations are viewed. Staff Member Carstens explained
Minutes — Zoning Advisory Commission Page 4
June 6, 2018
the differentiation between standard agricultural livestock and confinement and feedlot
operations.
Staff Member Hemenway noted that the greenhouses are permitted in Agricultural
districts.
Commissioner Belmont asked if the size and height of buildings in agricultural districts
are limited. Staff Member Hemenway said there are no bulk standards for buildings
other than required permeable area on an agricultural property. He said that the site,
due to its topography and access and storm water management requirements, is limited
to the amount of impermeable area that could be created.
Commissioners discussed the existing landscape screening on the site. Commissioner
Norton recommended that the natural vegetation and screening be left in place.
Commissioner Roussell said she was amenable to that requirement. Commissioner
Baumhover noted the change in topography affords natural screening and that to grow
trees or other screening at the base of the hill would not adequately screen.
Commissioner Belmont asked what additional fowl the applicants had in mind. Ms.
Schriver said they have considered raising pheasants or other game birds for local
restaurants. Commissioners discussed the request and expressed concerns with the
spectrum of animals that may be allowed. Commissioner Belmont suggested exclusion
of ratites, such as ostrich and emu.
Motion by Norton, seconded by Baumhover, to approve the rezoning request with the
condition that the animals allowed on the subject property be limited to fowl, excluding
ratites (the mostly large, flightless birds with a ratite breastbone, i.e.,the ostrich, rhea, emu,
cassowary and kiwi), bees, a maximum of five pygmy goats and aquaponics. Motion
carried by the following vote: Aye — Baumhover, Belmont, Norton, Roussell, Russell, and
Henschel; Nay — None.
PUD AMENDMENT: Application of the City of Dubuque to amend the Port of Dubuque
Planned Unit Development District by adjusting boundaries of Zone A and Zone B,
referencing the new Conceptual Development Plan for Zone B.
Staff Member Laura Carstens noted that the City Council approved a new plan for the
South Port. She referenced the 2002 Port of Dubuque Regulating Plan will remain in place
for the North Port and the South Port will follow the 2017 Area Wide Use Plan. She noted
the City's outreach to the property owners included a presentation and mailings. She
noted new boundaries for Zone A — North Port and Zone B — South Port were
recommended.
Staff Member Carstens recommended that the excursion gambling boat use be replaced
by licensed gambling facility approved by the State of lowa for consistency.
Minutes — Zoning Advisory Commission Page 5
June 6, 2018
There were no public comments.
Commissioner Roussell noted the changes appear to be minimal and are consistent
with the plan.
Motion by Roussell, seconded by Belmont, to approve the Port of Dubuque Planned
Unit Development District amendment with the language change, adjusting boundaries
of Zone A and Zone B, and referencing the new Conceptual Development Plan for
Zone B. Motion carried by the following vote: Aye — Baumhover, Belmont, Norton,
Roussell, Russell, and Henschel; Nay — None.
ITEMS FROM PUBLIC: None.
ITEMS FROM COMMISSION: None.
ITEMS FROM STAFF: Staff Member Carstens discussed the definitions oftraditional and
quasi-judicial rezonings, noting the difference between the two and how each is handled.
She said that a recent court decision allows Commissioners to engage in exparte
communication fortraditional rezonings, but prohibitsthe same forquasi-judicial rezonings.
She asked that the Commission consider a policy change that would permit taking input
from citizens regarding rezonings but asking that said input be forwarded in written format
to the Planning Services Department. She said that it would then be disseminated to the
entire Commission. She said it would help the Commission and staff create a transparent
and consistent process for receiving public input.
She noted that Commissioners could visit sites for traditional rezonings and then provide
their written thoughts to Planning Services staff so that they could be distributed at the
meetings. She said if time does not allow the Commissioners to prepare written
comments, they could provide that same information at the public hearing to the full
Commission. She asked the Commission to consider changing the by-laws to reflect the
new policy.
Commissioner Belmont inquired about the wording "subject to this policy" in the last
sentence in Section 2. Chairperson Henschel agreed that the language would be clearer
without the wording in Section 2. Staff Member Carstens said wording was a bit confusing
and could be easily struck without altering the meaning of the sentence.
Chairperson Henschel asked about Section 6 regarding a typo. Staff Member Carstens
said she would correct the typo.
Commissioner Roussell said it would be nice to have the policy statement regarding
expartate communication as it concerned traditional and quasi-judicial rezonings attached
to the agenda schedule. Staff Member Carstens indicated staff intended to provide the
information in the agenda packets.
Minutes — Zoning Advisory Commission Page 6
June 6, 2018
Commissioner Russell discussed the time frame regarding site visits and public input.
He asked how many days prior to the meeting they would be provided the information.
Staff Member Carstens discussed the notification procedure, stating that the
Commissioners receive the notice approximately one week before the meeting, but that
the public notice goes out approximately two weeks prior. She said that the agendas
could be sent to the Commission at the same time that the public notification was
mailed. Commissioner Russell said that it would be advisable for Commissioners to
send the information regarding a site visit to staff as soon as possible after the site visit.
Commissioners discussed the request and asked that staff take into consideration their
recommendations, and then return the amended bylaws to them for a final review.
Commissioner Norton noted that this would permit Commissioners to redirect people to
staff and to provide their thoughts in writing.
Zoninq Advisory Commission Input to Citv Council Goal Settinq Session: Staff Member
Carstens said the City Council has recently completed their goal setting session and
has requested input from the Commission. She asked that Commissioners review and
consider adding information to the forms that outline successes and initiatives the
Commission has undertaken in the last year. She said that this information would then
be gathered and reviewed by the City Council. Staff Member Carstens noted that she
had already added some information on the existing form. She said she can revise the
form based on Commission input.
Commissioner Belmont asked that the Commission be allowed to take the information
home and consider the initiatives and successes of the past year and provide their input
at the next meeting.
Commissioner Russell said he was glad to see that the Comprehensive Plan
information had been included.
Chairperson Henschel said the Commission would review the information and discuss it
at the next regular meeting.
ADJOURNMENT: Motion by Norton, seconded by Belmont, to adjourn the June 6, 2018
Zoning Advisory Commission meeting. Motion carried by the following vote: Aye —
Baumhover, Belmont, Norton, Roussell, Russell, and Henschel; Nay — None.
The meeting adjourned at 7:00 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted