Minutes Zoning Adv C 4 2 03 RE": E!".r/ED MINUTES
ZONING ADVISORY COMMISSION
03 APR ~ ~ Pt'", !2.: i REGULAR SESSION
Wednesday, April 2, 2003
~ .......~hCu 6:30 p.m.
DU'.3u::uz :?,, Auditorium, Carnegie Stout Libraw
360 W. 11th Street, Dubuque, Iowa
PRESENT:
Chairperson Eugene Bird, Jr.; Commissioners Ron Smith. Stephen Hardie,
Martha Christ, Jeff Stiles, Dick Schlitz 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.
MINUTES: The minutes of the March 5, 2003 meeting were approved unanimously as
submitted.
ACTION ITEI~FINAL PLAT: Application of Shirley Wagner/Schneider Land Surveying &
Planning, Inc.for approval of the final plat of Wagner Subdivision located at 2711 Brunskill
Road.
The applicant was not in attendance.
Staff Member Hemenway reviewed the submitted plat, outlining the size and shape of the
lots and noting that all lots meet subdivision minimum standards regarding size and
frontage. Staff Member Hemenway stated that a special exception for setback would be
necessary on Lot 3 if a residence were to be built. He said that Lots 3 and 4 are zoned
Agricultural and a rezomng would be necessary to permit residential development.
Commissioners discussed the request and felt that it met all subdivision requirements.
Motion by Hardie, seconded by Christ to approve the final plat of Wagner Subdivision as
submitted. Motion was approved by the following vote: Aye - Smith, Hardie Christ,
Stiles. Schlitz, Roush and Bird; Nay - None.
Chairperson Bird requested to switch the order of the Fondell Excavating preliminary plat
and rezoning request.
PUBLIC HEARING~REZONING: Application of Fondell Excavating Inc. (tabled) to rezone
property located at 3251 Roosevelt Road from R-1 Single-Family Residential District to R-
2 Two-Family Residential District and R-3 Moderate Density Multi-Family Residential
Distdct.
Minutes - Zoning Advisory Commission
April 2, 2003
Page 2
Ken Buesing, Buesing and Associates Engineering, reviewed the number of dwelling units
possible based on the rezoning and preliminary plat configurations. He reviewed storm
water detention stating that the detention facility would be designed to accommodate an
additional ten percent over and above what the City normally requires.
John Dolan, 3058 Shiras stated that he also represented the property that abuts the entire
south side of the proposed subdivision. He stated that he and the signers of the petition
submitted are opposed to changing the zoning from single-family to multi-family. He
expressed concerns regarding the potential impact to the existing sanitary and storm
sewer systems. He stated that the proposed development is too intense and will have a
negative impact on the value of his property.
Commission Chairperson Bird noted that a letter was submitted by Mr. Arnold Van Etten
and the Sisters of St. Francis.
Mr. Buesing reviewed the proposed storm water mitigation and noted that the City
Engineering Department felt that the sanitary sewer capacity was adequate for the
proposed development.
Staff Member Hemenway reviewed the request, noting that the rezoning encompasses
approximately 17 acres. He reviewed estimates of vehicle trips generated and total
number of units possible if the subdivision were to be developed as configured. He
reviewed the preliminary plat including street and lot layouts and proposed utility and
street extensions.
Commissioners discussed the subdivision plat and rezoning request.
Motion by Stiles, seconded by Smith, to approve the rezomng request as submitted.
Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schlitz,
Roush and Bird; Nay - None.
ACTION ITEIVAPRELIMINARY PLAT: Application of Fondell Excavating Inc. for approval
of the preliminary plat of Eagle Valley Subdivision located at 3251 Roosevelt Road.
Staff Member Hemenway reviewed the preliminary plat layout including lot area, street
design, utility extensions, storm water detention and park area.
Commissioners discussed the proposal, stating that much of the information was already
provided during the rezoning request.
Motion by Stiles, seconded by Smith, to approve the preliminary plat of Eagle Valley
Subdivision as submitted. Motion was approved by the following vote: Aye - Smith,
Hardie, Christ, Stiles, Schlitz, Roush and Bird; Nay- None.
Minutes - Zoning Advisory Commission
April 2, 2003
Page 3
PUBLIC HEARING~REZONING: Application of Wayne Stewart/Flint Drake to rezone
property located at the southwest comer of Old Highway Road and Seippel Road from R-1
Single-Family Resi~dential District and County M-lc, to R-2 Two-Family Residential District,
R-3 Moderate Density Multi-Family Residential District, CS Commercial Service and
Wholesale District; and LI Light Industrial District, concurrent with annexation of the west
20 acres.
Flint Drake, attorney representing Wayne Stewart, outlined the proposed rezoning
configuration and surrounding land use. He stated that he had worked with the neighbors
and the City to tailor a plan that addresses both Mr. Stewart's needs and the neighbors
concerns. He discussed proposed zones A-D. He stated that Mr. Stewart has agreed to
file use restrictions on Zone A and B that limit them to R-2 and not permit future rezonings.
He said that the commercial service zone serves as a transition from R-2 to LI. He stated
that Mr. Stewart would like to rezone this property in conjunction with annexation and he
stated that the annexation study said that industrial development was appropriate for this
location.
Kevin Kotz, 14969 Old Highway Road, said that Mr. Drake had met with the neighbors and
that many of their concerns had been addressed and; therefore, he approved of the
rezoning plan.
Mason Cate, 12271 Seippel Road, stated that he preferred the access road for the
property to be located on the west side of his house, not on the south side. He said the
south side roadway would be close to his rear picture window.
Tom Vantiger, 15105 Old Highway Road, said that he has met with Mr. Drake and they
have worked out many of the details regarding the proposed development. He said he still
has minor concerns with the driveway access onto Old Highway Road from the area
proposed for rezoning to Light Industrial. He stated that truck and vehicle traffic from
driveways at this location may pose a safety hazard. He stated that the neighbors initially
would have preferred R-I Single-Family development, but agreed that R-2 would be aw
appropriate compromise.
Flint Drake stated that he and Mr. Stewart had worked with the neighbors to satisfy most of
their concerns. He said the rezoning configuration and access accomplished this. He said
that the County has checked the site distances between driveway entrances, and stated
that they are adequate.
Staff Member Kritz said that the zoning would be undertaken concurrent with annexation
for the wast 20 acres of the property. He said that currently zones A, B and C are within
the City and zoned R-1 Single-Family Residential. He said that the Commission does not
have to tackle the proposed access issue at this point because the City will review the
access scheme at the site plan review. He stated that Seippel Road was built to standards
that would accommodate industrial access. He stated that the access could possibly be
moved south away from Mr. Cate's property line.
Minutes - Zoning Advisory Commission
April 2, 2003
Page 4
Commissioner Hardie offered a friendly amendment to remove uses 20, 31,32, 37, 38 and
41. Mr. Drake said that Mr. Stewart would prefer to maintain all the uses in the district to
allow flexibility for development. Commissioner Hardie stated he still felt it was appropriate
to remove these uses because the Commercial Service District abuts a residential district.
He recommended that City staff examine the uses permitted in a CS District as part of the
Comprehensive Zoning Ordinance rewrite.
Commissioner Schiltz stated that because the residential property is currently undeveloped
and under common ownership, CS zoning is appropriate. Commissioner Roush noted that
there is also Light Industrial zoning next to R-2; but, because the zoning will be in place
prior to the purchase of the residential property, he does not feel this is a problem.
Commissioner Smith said that it may not be appropriate to remove some CS uses and not
others. Chairperson Bird said that he felt that the rezoning as configured was appropriate.
Mr. Drake said it is a slippery slope when you begin to remove some uses. He said that
the neighbors reviewed the full list of uses and had no objections.
Commissioners discussed uses they felt were not appropriate in this particular CS District.
Commissioners Hardie and Smith stated that they agreed uses 31, 32, 38, 41 and 42
should be purged from the allowed uses.
Motion by Schiltz, seconded by Christ, to approve the rezoning with the condition that uses
31, 32, 38, 41 and 42 not be permitted in the CS District. Motion was approved by the
following vote: Aye - Smith, Hardie, Christ, Stiles. Schiltz, Roush and Bird; Nay - None.
PUBLIC HEARING~REZONING: Application of GTW Pennsylvania LLC/Brian Kane to
rezone property located at the southeast corner of Pennsylvania Avenue and Radford
Road (Lot 2 of Lot 7 and Lot 8 of Westmark) from C-2 Neighborhood Shopping Center
District to C-3 General Commercial District.
Brian Kane, attorney representing GTVV, reviewed the requested rezoning noting the
difference between C-2 and C-3 permitted uses. Mr. Kane reviewed the urban renewa
resolution that he said applied to the property. He also reviewed the history of the zoning
of the property, and noted that the area is changing in terms of land use. He said that the
applicant's proposal is consistent with the comprehensive plan recommendations.
Ron Cavanaugh, Vice President of Westmark Corporation, stated that he is concerned
with the wide range of commercial uses permitted in a C-3 district, some of which may not
be compatible with the existing office park immediately east of the subject property.
Walter McFadden, 5580 Pennsylvania Avenue, stated that he was in opposition because
of al the potential uses permitted in the C-3 District.
Brian Kane said that the applicant would not develop any use that would adversely impact
the adjacent property. Mr. Kane reviewed Resolution No. 88-91 and its limited list of uses.
Minutes - Zoning Advisory Commission
April 2, 2003
Page 5
Staff Member Hemenway reviewed the staff report, noting surrounding zoning and land
use. He discussed existing street access to the site. '
The Commission discussed uses allowed in the C-2 and C-3 districts. They discussed
Resolution No.88-91. Commissioners discussed potential impacts to adjacent properties.
The Commission stated that they were comfortable with the C-3 uses provided that
Resolution No. 88-91 may only be modified by the City Council.
Motion by Stiles, seconded by Christ, to approve the rezoning as submitted. Motion was
approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schlitz, Roush and
Bird; Nay- None.
PUBLIC HEARING~REZONING: Application of Royal Oaks DevelopmentJA.J. Spiegel to
rezone property located at the end of Rhomberg Avenue (former Tollbridge Inn
Restaurant) from CR Commercial Recreation District to PUD Planned Unit Development
District with a PR Planned Residential zoning designation.
^. J. Spiegel, Royal Oaks Development, outlined his project for the Commission. He
stated that he has incorporated changes into the original design, which will reduce the
number of units from 84 to 64 and lower the elevation by one story. He said the south end
of the building would be stair-stepped to lessen its impact on the view from the park. He
discussed photos of the site with renderings of the building superimposed. He said that
the building would be quality construction consisting of colored concrete and mirrored
glass that would last 200 years. He said that the light colored concrete blended well with
the adjacent bluff. He said that he has worked with Clint Johnson to resolve concerns he
had regarding access during construction. He stated that the top of the community center,
which is the highest point on the building, will sit approximately 65 feet below Eagle Point
Park. He said that the north end of the building wil be five more feet lower than is
indicated on the model. He said that many people throughout the area have expressed
interest in purchasing a residential unit at this location.
Doug Horstman, 2418 Beacon Hill Drive, spoke in favor of the project stating that he is
working with Mr. Spiegel through DB&T.
Clint Johnson, CR Boats, said that he is adjacent to the proposed development and that
Mr. Spiegel has made clear his intent to work with him during the construction of the
project. He stated that he is in favor of the project.
Tom McLaughlin, 3159 Shiras, said that the proposed development will not restrict the
view from the park, and that he is in favor of the project.
John Kretz, 2160 Jonathan Lane, said that the area is evolving. He outlined the property
history and the adjacent property uses, and stated that this project will be positive for the
Point area and all of Dubuque.
Minutes - Zoning Advisory Commission
April 2, 2003
Page 6
Rick Dickinson, Greater Dubuque Development Corporation, reviewed the project with the
Commission. He stated that Mr. Spiegel has gone out of his way to alter the height, mass,
color and design of the building to address the concerns originally expressed by the
Commission. He said that there is a need for this type of housing ~n the community, He
asked for Commissioners to support for the project.
Mr. Spiegel stated he is happy with the support shown by the community and asked that
the Zoning Advisory Commission approve the project.
Chairperson Bird noted a petition with 42 signatures in opposition to the project that had
been submitted to the Commission
Staff Member Kritz outlined the staff report, discussing the original CR. zoning district for
Eagle Point Funland, CR Boats and the Tollbridge Restaurant. He said that the site
presents a hardship in that it is narrow and surrounded by severe topography. He said
that the PUD designation is designed to accommodate umque sites such as this. He
discussed vehicle trip generation for the condominium units, and stated that there were
over 7,000 vehicle trips per day along Rhomberg Avenue when the Wisconsin Bridge was
open and now there are approximately 4,600 per day. He stated that the developer is
working with representatives of the Federal Fish and Wildlife Agency and a consultant to
resolve eagle habitat issues.
Commissioner Stiles said that Mr. Spiegel has addressed all of the concerns initially raised
by Commissioners. He said he felt this project was appropriate and that it is very similar to
the new Grand Harbor hotel along Dubuque's riverfront.
Commissioner Roush stated that he wanted the height of the building quantified. Staff
Member Kritz said that the building will be approximately 80 feet high or 735 feet above
mean sea level at its high point. Commissioner Hardie said that he still has concerns with
the height and visibility of the project from Eagle Point Park. He said that views and vistas
from Eagle Point Park should be protected. He stated that the economics of the building
were not of primary concern to the Zoning Advisory Commission
Commissioner Smith said that Mr. Spiegel had addressed all ,of his initial concerns. He
said that the project would only limit the view from a very small portion of the park and not
from the primary overlooks above the lock and dam and north toward Wisconsin.
Commissioner Christ stated that she still has concerns with the impact of the project on the
view from Eagle Point Park. Commissioner Schlitz questioned photo #2. He stated that if
one were to move closer to the fence line, the building would be much more pronounced
than shown in said photograph. He quoted a letter from Dan McLaughlin regarding
protection and preservation of bluff land areas. He stated that he feels this project is not
compatible with Eagle Point Park.
Minutes - Zoning Advisory Commission
April 2, 2003
Page 7
Chairperson Bird stated that he feels that the project would enhance the North End and the
park area. He stated that it would not be practical to build a building at this location that
would not in any way block a portion of the view from Eagle Point Park.
Motion by Stiles, seconded by Roush, to approve the rezomng with the condition that the
maximum building height not to exceed 740 feet above mean sea level. Motion was
approved by the following vote: Aye - Smith, Stiles, Roush and Bird; Nay- Hardie, Christ
and Schlitz.
PUBLIC HEARING~REZONING: Application of Theisen's Inc. to rezone property located
at 2900 Dodge Street to rezone property from C-3 General Commercial District to PUD
Planned Unit Development District with a PC Planned Commercial zoning designation.
Jim Theisen, Theisen's, Inc, reviewed the history of Theisen's Store and outlined his
current request. He explained that the PUD rezoning would allow him to expand at the
present site.
Staff Member Hemenway reviewed the proposed request, noting that a retail building that
exceeds 60,000 square feet is required to be rezoned to PUD He reviewed the provision
of off-street parking, stating that the development would have 3.2 spaces per 1,000 square
feet of retail area. He reviewed access, paving, and stated that the Engineering and Fire
Departments have reviewed the site plan and have no-major concerns.
The Commissioners discussed the request and felt it was appropriate.
Motion by Christ, seconded by Smith, to approve the rezoning as submitted. Motion was
approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schlitz, Roush and
Bird; Nay - None.
PUBLIC HEARING~REZONING: Application of QHQ Properties to rezone property
located South of Holliday Drive, west of the Northwest Arterial from AG Agricultural
District to C-3 General Commercial zoning district.
Due to a notification problem, Staff recommended that the Commission table the proposed
request to the next regular meeting.
Motion by Hardie, seconded by Christ, to table the rezoning request to the May 7, 2003
meeting. Motion was approved by the following vote: Aye- Smith Hardie, Christ, Stiles,
Schlitz, Roush and Bird; Nay - None.
PUBLIC HEARING~REZONING: Application of Dan Mueller to rezone property located
south of Highway 61/151 and Highway 52 (Lot 1 of Key Gate Center No. 2) from PR
Planned Residential District to C-3 General Commercial zoning district.
Minutes - Zoning Advisory Commission
April 2, 2003
Page 8
Dan Mueller, 590 Samuel Street. discussed the history and topography of his
development. He said that the area has too much solid rock; therefore, basements for
residential structures are not practical. He said the site is ideal for commercial
development. He discussed adjacent commercial development and zoning. He said the
primary access for this site could be taken from Highway 52 and from the existing Stonehill
Drive. He stated that the adjacent property owner, Clyde Mihalakis, has no objection to his
proposal. He said 250 feet of the west property line is adjacent to a mobile home park. He
said that buildings will be set back somewhat from this adjacent residential property. He
said that he will follow City guidelines regarding detention of storm water.
Staff Member Kritz outlined the staff report and offered to answer any questions the
Commissioners may have. Commissioner Stiles said that he supports the proposed
development. Commissioner Schlitz asked if the Commission would have the ability to
review the plat for this development. Staff Member Kritz said the plat would be reviewed
by the Zoning Advisory Commission.
Motion by Stiles, seconded by Christ to approve the rezoning as submitted. Motion was
approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schlitz, Roush and
Bird; Nay - None.
PUBLIC HEARING~.TEXT AMENDMENT: Application of the City of Dubuquetlowa
Department of Transportation to amend Sections 6-1.5.5 and 4-4.2 of the Zoning
Ordinance and Section 42-16 of the Subdivision Regulations regarding a development
moratorium in the proposed Southwest Artedal Corridor.
Staff Member Kritz reviewed the Iowa Department of Transportation request for an
extension of the development moratorium. He stated that the IDOT is still studying and
possibly expanding the moratorium area
Commissioners expressed concern with the time frame of the proposed study and ultimate
highway development. Staff Member Kritz discussed IDOT's plans for Highway 20 from
Swiss Valley Road to Devon Drive including near term intersection improvements.
Motion by Christ, seconded by Stiles to approve the amended language to extend the
moratorium. Motion was approved by the following vote: Aye - Smith, Hardie, Christ,
Stiles, Schlitz and Roush; Nay - Bird.
ADJOURNMENT: The meeting adjourned at 9:15 p.m,
Kyle L. Kritz, Associate Planner
Adopted