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MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
8:00 p.m.
Wednesday, February 3, 2010
City Council Chamber
350 W Stn Street, Dubuque, Iowa
Dubuque
PRESENT: Chairperson Jeff Stiles; Commissioners Tom Henschel, Charlie Miller,
Patrick Norton, Martha Christ and Steven Hardie; Staff Members Laura
Carstens, Kyle KritZ and Guy Hemenway.
ABSENT: Commissioner Ron Smith.
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 8:00 p.m.
MINUTES: The minutes of the January 8, 2010 meeting were approved, unanimously, as,
submitted.
ACTION ITEMILOT SPLIT: Application of Dan Wedig 1 Lea Droessler for approval to split
a lot creating two new substandard lots for property located at 4181420 Emmett Street.
Dan Wedig, property owner at 4181420 Emmett Street, said that his intent is to split a lot
with a duplex on it to facilitate the sale of each unit separately and to promote home
ownership.
Staff Member Hemenway reviewed the staff report. He noted that UDC standards require
a minimum of 1,200 square feet per lot; therefore, each new lot is slightly substandard. He
noted that the lot split will not create an additional unit, effect residential density, or
increase traffic or demand on parking at this location. He recommended that the
Commission approve the lot split subject to waiving the lot area minimum requirements for
Lots 1 and 2.
The Commission discussed the request and had no objections.
Minutes -- zoning Advisory Commission
February 3, 2010
Page 2
Motion by Christ, seconded by Norton, to approve the lot split for Lots 1 and 2 of Droessler
Place subject to waiving the lot area requirements for Lots 1 and 2. Motion carried by the
following vote: Aye -- Hardie, Christ, Norton, Miller, Henschel and Stiles; Nay -- None.
ACTION ITEMIPRELIMINARY PLAT: Application of Michael & Ann Felderman -1 Greg
Adams for approval of the Preliminary Plat of Felderman Subdivision located along the
Northwest Arterial and Arboretum Drive.
Terry Koelker, Buesing and Associates, said that he represents the property owner and
developer, He said that the developerwould like to create a 14 lot subdivision and offered
to field any questions the Commission may have.
Staff Member Kritz described the subdivision location, lot configuration, and access. He
said that the subdivision is the first where the Unified Development Code sustainability
measures have been applied. He discussed the points awarded for the inclusion of
sustainable development tools. He noted that the subdivision would have energy efficient
street lighting and that the residences would utilize the green building code. He discussed
storm water management, storm water infiltration and the additional green space provided
for the subdivision. He recommended approval of the preliminary plat, as submitted.
Commissioner Henschel asked if it is typical to include the detention area on a residential
lot. Staff Member Kritz noted that it is somewhat unique, but that there are other
subdivisions that have a detention basin behind a residential lot. He said that staff will be
working with the developer to further refine the location of the detention basin.
Staff Member Kritz discussed the potential for creating storm water infiltration on the site
versus simply detaining the water in a basin. Commissioners discussed the detention
basin's location and maintenance access.
The Commission discussed the request and felt it is appropriate.
Motion by Hardie, seconded by Christ to approve the Preliminary Plat of Felderman
Subdivision, as submitted. Motion carried by the following vote: Aye — Hardie, Christ,
Norton, Miller, Henschel and Stiles; Nay — None.
PUBLIC HEARINGIREZONING: Application of the City of Dubuque to rezone property
bounded by 12th Street on the North, White Street to the West, Freeway 61/151 to the
East, and 5th Street to the South from C -4 Downtown Commercial District and Hl Heavy
Industrial District to PUD Planned Unit Development for the area generally described as
the Historic Millwork District.
Chairperson Stiles stepped down from the table due to a conflict of interest.
Minutes -- Zoning Advisory Commission
February 3, 2010
Page 3
Staff Member Carstens discussed development of the Master Plan for the Historic Millwork
District. She noted that the intent of the ordinance is to promote a diverse mixed -use
development, but, to also protect existing commercial and industrial uses. She discussed
the existing zoning and the PUD with regard to the permitted uses, conditional uses and
bulk standards. She discussed the status of conditional uses within the district. She noted
that an artisan /production shop has been added as a permitted use. She said that height
restrictions have been removed from the proposed bulk standards in the PUD and that
height will be regulated by the Downtown Design Guidelines. She discussed the sign
regulations for the district noting that a comprehensive sign plan is required for large
buildings. She noted that residential uses would be allowed on any building level. She said
these changes have been tested with the property owners. She discussed the original
concept plan for the district noting that some changes were made to improve flexibility.
She said that surface parking lots will have to be approved by the City Council. She said
the City has worked tog etherwith the property owners to try to address concerns while still
following the guidelines of the Master Plan.
Commissioner Henschel asked what changes have been made in response to the
concerns expressed by the property owners. Staff Member Carstens outlined the concerns
raised by a number of the property owners and the City's response to said concerns.
Commissioners discussed those properties within the district where property owners had
submitted letters of opposition. Commissioners discussed the potential problem with
excessive noise often typical of industrial uses and the possibility that it may interfere with
residential uses. Staff Members Kritz and Carstens explained the City's stance regarding
the noise ordinance, noting that the City has embraced the mixed use concept for the
Historic Millwork District that would include industrial, residential and commercial users.
Staff Member Carstens noted the transition in height from the large scale buildings and the
center of the district to the lower building height and smaller scale buildings as one moves
toward residential structures in the Washington
Neighborhood. She noted that the plan does not address the acquisition of property.
Dave Miner, Miner Plumbing, 1048 White Street, expressed concerns with his ability to
potentially expand his business to a vacant lot next door. He said that to enlarge his
business would probably require a conditional use permit and that he is not guaranteed
approval to expand.
Staff member Guy Hemenway read a letter of opposition submitted by Mr. John White, 409
Burch Street, into the record.
Staff agreed to research the status of Mr. Miner's property and get back to him with an
answer.
Minutes — Zoning Advisory Commission
February 3, 2010
Page 4
Beth Golombeski, representing four major property owners in the Historic Millwork district,
spoke in support of the request. She said that the proposed a mixed use development
located in close proximity to downtown will enhance the development of both areas.
Commissioner Hardie said initially he had concerns with noise, but after listening to staffs
explanation of the mixed use concept for the district, his concerns were somewhat
addressed. He expressed concern with the potential for toxic materials to be handled or
processed in laboratories for research, development or engineering listed as a permitted
use in the district. He recommended that permitted use #fit, laboratories for research,
development or engineering, be shifted to conditional use status so that the Zoning Board
of Adjustment would have the ability to review such facilities.
Commissioner Norton said that he is sympathetic to the property owners' concerns
regarding elimination of potential uses for their property.
Commissioners discussed removing the existing undeveloped green space area found on
a number of properties at the northeast corner of the district. After further discussion, the
Commission decided to leave these properties in the district.
Staff Member Kritz noted that some uses that were not permitted under the existing HI or
C -4 districts were added to the new PUD, and that commercially zoned property usually
commands a higher value than industrially zoned property.
Motion by Hardie, seconded by Christ, to make use #52 Laboratories for research,
development or engineering a conditional use and to incorporate the appropriate language
outlined in Article 8- 20(d )(3) regarding storage and use of hazardous substances in the
criteria necessary for granting a conditional use permit. Motion approved by the following
vote: Aye — Hardie, Christ, Norton, Miller and Henschel; Nay -- None; Abstain — Stiles.
Motion by Christ, seconded by Henschel, to approve the proposed Historic Millwork District
PUD, as amended. Motion carried by the following vote: Aye — Hardie, Christ, Norton,
Miller and Henschel; Nay — None; Abstain -- Stiles.
ADJOURNMENT: The meeting adjourned at 7:15 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted
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