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Minutes Zoning Adv Com 3 5 03 MEETING MINUTES ZONING ADVISORY COMMISSION Wednesday, March 5, 2003 6:30 p.m. Carnegie Stout Library Auditorium 360 W. 11th Street, Dubuque, Iowa PRESENT: Chairperson Eugene Bird, Jr.; Commissioners Jeff Stiles, Martha Christ, Stephen Hardie, Ron Smith, Richard Schiltz and Ben Roush; Staff Members Guy Hemenway and Kyle Kritz. ABSENT: None. 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 6:30 p.m. MINUTES: The minutes of the February 5, 2003 meeting were approved unanimously as submitted. PLATIPOTHOFF: Application of Ronald, Alvin & Francis Pothoff for approval of a preliminary plat for property located northeast of Gardener's Lane/Emberwood Drive in Dubuque County. Frank Pothoff stated that he wants to subdivide an existing lot creating a subdivision with 16 homes along a cul-de-sac. He referred to a letter from the County waiving the road width requirement. Staff Member Kritz outlined the staff report, noting that the annexation study determined this area to be a primary growth area. He recommended that utility easements be platted to accommodate future utility extensions. He discussed street width standards and stated that Mr. Pothoff proposed a 22-foot wide street without curb or gutter. Commissioners discussed road width standards and emergency access. Commissioner Hardie stated that he feels City standards should be applied to areas of the County likely to be annexed. The Commission discussed the proximity of the subdivision to the City limits. Jim Kaune, representing IIW Engineers, said that the County conditioned the plat, stating that River Vista Drive was not be used as an access. Commissioners discussed the minimum roadway width and agreed that staff's recommendation to maintain the City standard of 26-feet of pavement is appropriate for this location because it is in a primary annexation area. Minutes - Zoning Advisory Commission March 5, 2003 Page 2 Motion by Stiles, seconded by Christ, to approve the plat with the condition that the 26- foot street width be maintained and that easements for future utility extensions be platted. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Roush, Schlitz and Bird; Nay - None. PLAT/SCHNEIDER: Application of David Schneider to approve the final plat of Lot 1 of the SE %, NE % and Lot 2 of the NE %, SE ¼ of Section 7, T88R2E (corner of Old Massey Road and Highway 52 in Dubuque County). Steve Sigwarth, 1965 St. Catherine's Road, reviewed his request. He noted that the sawmill would be relocated from its current 6th Street location to the subject lot. Staff Member Hemenway reviewed the staff report, discussing the access to the property, noting the addition of an easement to Lot 2 across Lot 1. Commissioners reviewed the location of the property and the platted access easement. Motion by Schlitz, seconded by Christ, to approve the plat, waiving the lot frontage requirement. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Roush, Schlitz and Bird; Nay - None. PLAT/WERTZBERGER: Application ofWalt Wertzberger for approval of a preliminary plat of Wertzberger acres No. 2 (9773 Katie Cove in Dubuque County). Walt Wertzberger spoke in favor of his request. Staff Member Kritz discussed the subdivision layout. He said that this area is deemed a secondary growth area, so staff did not recommend requiring pavement wider than the 22-foot width proposed. He said that the City staff also did not recommend storm water detention because most of the water will not affect the Dubuque drainage, that the land in the area will absorb much of the runoff, and that storm water detention at this location would be difficult. Commissioners discussed the request. Motion by Smith, seconded by Stiles, to approve the preliminary plat of Wertzberger Acres No. 2, waiving Section 42-19, Lots and Blocks. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Roush, Schlitz and Bird; Nay - None. PLAT/CITY OF DUBUQUE: Application of the City of Dubuque to approve the Plat of Survey of Lot 1 and Lot 2 of Canfield Place (southwest corner of 4th & Iowa Streets). Staff Member Kritz stated he represented the City. He stated that the City has acquired this property as part of the parking ramp project, and would like to provide a portion of the lot to the Canfield Hotel for parking. He said that the lot split does not meet frontage and square footage requirements. Minutes - Zoning Advisory Commission March 5, 2003 Page 3 Motion by Hardie, seconded by Christ, to approve the plat of survey of Lot 1 and Lot 2 of Canfield Place No. 2, waiving Section 42-19, Lots and Blocks. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, P, oush, Schlitz and Bird; Nay - None. REZONING/ZALAZNIK: Application of Tom and Ed Zalaznik to rezone property along Crescent Ridge Road, west of Cedar Cross Road, from AG Agricultural District to CS Commercial Service and Wholesale District. Tom Zalaznik, 2360 Cherry Street, outlined his request for the Commission. He said that Commercial Service is a good fit for this area and that much commercial activity has been well established in this area. Dennis Cottrell, 3471 Crescent Ridge, discussed the petition submitted by neighbors in opposition to the request. He said he is concerned with additional runoff, the loss of wooded area, an increase in traffic, and the impact on property values that this development represents. Wayne Eckhart, 3475 Crescent Ridge, said that he is concerned with property value, storm water runoff and the loss of deer habitat. Cindy Cottrell, 3471 Crescent Ridge, stated that she is concerned with the impact this proposal may have on the value of her property. She said that surrounding development has already increased traffic, and that animal habitat and green space will be lost. Todd Trentz, 3435 Crescent Ridge Road, said that the proposed development would affect the value of his property. He said that noise, activity and security lighting from the facility would not be appropriate in the rear yards of the neighboring residences. He said that he is concerned with the increase in traffic and loss of wildlife habitat. Linda Manders, 3423 Crescent Ridge Road, said that she agreed with all the concerns raised by her neighbors. Stacy Medinger, 3433 Crescent Ridge Road, said that she is concerned with lighting, security and storm water runoff. Tom Zalaznik said that the proposed CS zoning would not generate a significant increase in traffic. He said that just a very small portion of the property will be developed, and much of the green space will remain. He said that the development will have to meet City standards for storm water detention, and that storm water detention at this location may actually reduce some existing runoff problems. Chairperson Bird asked if Mr. Zalaznik has a business plan. Mr. Zalaznik stated that he plans to develop office space and mini-warehousing that will have minimal lighting and daytime hours of operation. He said the property would be screened from the Minutes - Zoning Advisory Commission March 5, 2003 Page 4 adjacent residential lots. He said he was not sure whether a fence to enclose the property would be built. Staff Member Kritz outlined the staff report and discussed the adjacent land uses and zoning. He discussed traffic counts on Crescent Ridge and Cedar Cross Roads. He outlined the uses permitted in the CS District. Commissioner Schlitz stated that many of the uses in the Commercial Service district are general retail in nature. He said that he cannot support commercial zoning behind 11 single-family homes. He said that rezoning the eastern half of the property may be more appropriate. Commissioner Hardie agreed. Commissioner Roush said that there are many high intensity uses permitted in a CS District that may not be appropriate next to residential development. Commissioners concurred. Commissioner Stiles stated that he has a concern with traffic in this area. Chairperson Bird asked if Mr. Zalaznik would consider splitting the rezoning. Mr. Zalaznik said that he would. Zoning Commissioners discussed confining the rezoned area to the eastern half of the property. Commissioners discussed placing conditions on the rezoning. Motion by Stiles, seconded by Schlitz, to approve the rezoning request with the conditions that: 1) The CS area be reduced to only include the area east of the eastern most adjacent single-family lot; 2) Uses 17, 18, 19, 20, 21, 31, 32, 37, 38, 41 and 42 be eliminated from the list of permitted uses in the CS district; and 3) Screening be placed along the western property line between the residential property that will reach 50% opacity and six feet in height in three years. Motion was approved by the following vote: Aye - Smith, Hardie, Roush, Schlitz and Bird; Nay - Christ and Stiles. REZONINGIFONDELL: Application of Fondell Excavating Inc., 3251 Roosevelt Road, to rezone property from R-1 Single-Family Residential District to R~2 Two-Family Residential District and R-3 Moderate Density Multi-Family Residential District. Ken Buesing said he represents the applicants and reviewed the request, noting where the proposed zoning districts are positioned and which uses are allowed within each district. Mr. Buesing reviewed the surrounding zoning and reviewed the conceptual layout of the lots, streets, detention basin and park area. Mr. Buesing noted that City water and sewer could be extended to the property. Minutes - Zoning Advisory Commission March 5, 2003 Page 5 The Commission reviewed the site layout, discussing access issues and storm water detention. The Commissioners discussed the potential for a stub street to the south. Walt Pregler, 966 Shims Avenue, said he is concerned with storm water in the arsa. He stated that storm water problems already exist along Shims Avenue, and that additional runoff from the impervious surface will overtax the existing 36-inch storm sewer in Shims Avenue. He also stated that the City should investigate improving the access to Sunnycrest Manor. John Dolan, 3058 Shims Avenue, spoke in opposition to the request, stating that he is concerned with the density of the proposed development due to the multi-family zoning and small lot size. Mr. Dolan also stated he has concerns with traffic on Roosevelt Road, storm water detention and the capacity of the sanitary sewer. Mark Fondell, Fondell Excavating, stated that storm water detention can be increased and that the storm sewer within Shims is actually a 42-inch pipe. Albert Dolan, 3209 Roosevelt Road, distributed a petition and letter in opposition to the rezoning request. Richard Hendrick, 3120 Shims Avenue, stated he is concerned with potential impact the proposed development may have on the value of his property. He said that storm water at this location is also an issue. Ken Kaiser, 3211 Roosevelt Road, spoke in opposition, stating that he is concerned with property value and the impact of the development on Roosevelt Road. Sister Mary O'Toole stated that she is a resident of the Sisters of St. Francis and that she is concemed with the proposed development because of storm water runoff and consequent erosion. Ken Buesing stated that the residents to the south of the proposed development will be buffered by a strip of single-family residential development and will not be adjacent to multi-family zoning. He stated that runoff from the proposed development will be regulated according to City standards. He said that traffic along Roosevelt Road should be no greater than it was when John Deers was under full employment. Commissioners discussed the property history and the surrounding development. Staff member Hemenway stated that the proposed sUbdivision will have approximately three acres of R-1 Single-Family Residential development, 4.6 acres of R-2 Two-Family Residential development, and 7.4 acres of R-3 Multi-Family Residential development. He reviewed existing traffic counts along Roosevelt Road and anticipated new trips that would be generated by the proposed development. He discussed storm water management, Stating that the site is a natural ravine, which makes storm water detention easier. Minutes - Zoning Advisory Commission March 5, 2003 Page 6 Commissioners discussed the potential number of units that could be built on the site. Commissioners discussed the transition between adjacent R-1 zoning and the proposed multi-family districts. The Commissioners felt there is a need to improve Roosevelt Road. Commissioner Hardie stated that he feels that the improvements to Roosevelt would follow development in this area. Commissioner Stiles stated that the Commission's position was inconsistent with their discussion regarding the Wal-Mart rezoning, because they felt that traffic improvements should precede said development. Commissioners discussed the mix of housing types and the density that could be developed on this site. Commissioners discussed a concept layout that was distributed by Mr. Buesing. They agreed that the density of development shown on this concept layout is appropriate. Commissioner Schlitz said he still has concerns regarding the potential density of development on the multi-family properties. Commissioners discussed phasing the development, which would restrict development of the balance of the property until the second access is approved or Roosevelt Road is improved. Commissioners discussed storm water control and the level of detention. They stated that the detention basin could be designed in such a manner as to reduce the overall amount of storm water generated by this site and the adjacent properties. Commissioners asked that the staff report be rewritten to reflect the submitted concept layout. Commissioners stated that it may be possible to condition the rezoning approval on the subdivision plat. Motion by Schlitz, seconded by Bird, to table the proposed request until the next regular meeting. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Roush, Schlitz and Bird; Nay - None. REZONING/HILLCREST: Application of Hillcrest Family Services/Gary Gansemer, 2005 Asbury Road, to amend the ID Institutional District to allow extension of the time frame for use of the existing portable classrooms. Gary Gansemer, representing Hillcrest Family Services, asked Commissioners for an extension of the time frame for the portable classrooms on their campus to three years. He said that the classrooms would help accommodate special education students, which he said would be available for the 2003 school year. Staff Member Kritz outlined the staff report, noting a letter from the neighbor regarding concerns with traffic and on-street parking. Mr. Gansemer stated there would be no night classes. In response to a question from Commissioners Stiles, he said that he did not anticipate future requests for time extensions for portable classrooms. Commissioners discussed the request and said they feel it is compatible with the institutional district. Minutes - Zoning Advisory Commission March 5, 2003 Page 7 Motion by Chdst, seconded by Schlitz, to approve the rezoning as submitted. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Roush, Schlitz and Bird; Nay - None. ITEMS FROM PUBLIC: Communication from Bonnie Garrity of Li.qhtin,q Advocates for Starry Skies (Glass) re~lardin~l Li~htin~ Re.clulations: Bonnie Garrity stated she is from Galena and that she is a member of the International Dark Sky Organization. She said that the intent of the organization is to keep light on the ground and out of the sky. She presented a slide show, illustrating various lighting types and the effect they have on ground light and light pollution. She asked if the City of Dubuque had code to address these issues. Staff Member Kritz said that the City has been requiring cutoff luminaries for residential and commercial and development. Commissioners thanked her for her presentation. 200 foot Notification Requirement. Commissioners stated they feel the 200-foot notification requirement is appropriate. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted