Minutes_Zoning Advisory Commission 1 2 20 Copyrighted
January 21, 2020
City of Dubuque Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUM MARY: Arts and Cultural Advisory Commission of 12/17/19 and
Working Group updates of 11/26/19, 12/17/19; Cable TV
Commission of 1/8/20; City Council proceedings of 1/6/20,
1/13/20; Community DevelopmentAdvisory Commission
of 12/18/19; Five Flags Civic CenterAdvisory Commission
of 11/25/19, 12/17/19; Resilient CommunityAdvisory
Commission of 1/2/20; Zoning Advisory Commission of
1/2/20; Proof of Publication for City Council Proceedings
of 12/16/19.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Arts and Cultural Affairs Advisory Commission Minutes Supporting Documentation
of 12/17/19
Arts and Cultural Affairs Working Group Update of Supporting Documentation
11/26/19
Arts and Cultural Affairs Work Group Update of Supporting Documentation
12/17/19
Cable N Commission Minutes of 1/8/20 Supporting Documentation
City Council Procedeedings of 1/6/20 Supporting Documentation
City Council Proceedings of 1/13/20 Supporting Documentation
Community De�lopmentAdvisory Commission Minutes Supporting Documentation
of 12/18/20
Five Flags Civic CenterAdvisory Commission Minutes Supporting Documentation
of 11/25/19
Five Flags Civic CenterAdvisory Commission Minutes Supporting Documentation
of 12/17/19
Resilient Community Advisory Commission Minutes of Supporting Documentation
1/2/20
Zoning Advisory Commission Minutes of 1/2/20 Supporting Documentation
Proof of Publication for City Council Proceedings of 12 Supporting Documentation
16 19
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MINUTES
CITY OF DUBUQUE ZONING ADVISORY COMMISSION
REGULAR SESSION
6:00 p.m.
Thursday, January 2, 2020
City Council Chamber, Historic Federal Building
Commissioners Present: Vice Chairperson Martha Christ; Commission Members Pat
Norton, Steve Baumhover and Michael Belmont; Staff Members Wally Wernimont, Guy
Hemenway and Travis Schrobilgen.
Commissioners Excused: Rich Russell
Commissioners Unexcused: None.
CALL TO ORDER: The meeting was called to order by Vice Chairperson Christ at 6:00
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 Baumhover, seconded by Norton to approve the minutes of the
December 4, 2019, Zoning Advisory meeting as amended. Motion carried by the
following vote: Aye - Norton, Baumhover, Belmont and Christ; Nay — None.
PUBLIC HEARING/REZONING: Application of Mehta, LLC, to rezone property located
at 245 Railroad Avenue from LI Light Industrial zoning district to C-3 General
Commercial zoning district.
Eddie Severns stated that he is the owner of RF2 Furniture and was speaking on behalf
of Sanjay Mehta, owner of the property at 245 Railroad Avenue. He said his furniture
business is currently located in the Historic Millwork District. He would like to relocate to
245 Railroad Avenue so he can expand the business. He said that it would give him an
additional 2,000 square feet of retail space. He said that he had signed the lease but
found out later that a furniture store was not permitted in the light industrial zoning
district.
Staff Member Wernimont outlined the staff report noting the subject property's location
and the types of uses that exist on site and in the surrounding area. He said that the
request represents an expansion of the adjacent C-3 district. He said the rezoning will
not create non-conformities on the existing lot. He said that staff perceives no problems
regarding the rezoning and that there had been no input from adjacent property owners.
Commissioners discussed the proposal noting that it represented an expansion of the
C-3 district.
Motion by Norton, seconded by Baumhover to approve the rezoning of 245 Railroad
Avenue from LI Light Industrial to C-3 General Commercial. Motion carried by the
following vote: Aye - Baumhover, Norton, Belmont and Christ; Nay — None.
PUBLIC HEARING/REZONING: Application of Kristin and Steve Vaassen to rezone
property located at 2319 Manson Road from R-1 Single-Family Residential zoning
district to C-3 General Commercial zoning district.
Vice Chair Christ noted that, as there are only four Commissioners present, the
applicant will need a minimum of three positive votes to forward an affirmative
recommendation to the City Council.
Applicants Kristin and Steve Vaassen, 2319 Manson Road, discussed the packet of
information they submitted to the Commission. They discussed the property history and
the history of the historic barn that they said was purchased in Tipton, lowa and
reassembled on their site. They noted that they received Zoning Board of Adjustment
approval for the 2,800 square foot structure. They said that they had originally wanted
to rezone the property to OC Office Commercial, but that city staff had recommended
that they rezone to C-3 General Commercial. They discussed the need for the event
venue stating that there was nothing in the local vicinity that offered the kind of
assembly area they had created. They said that after the initial rezoning request, they
withdrew and considered applying for a Condition Use Permit from the Zoning Board of
Adjustment for an accessory dwelling unit. They said that they finally decided, with
staff's input, to ask for C-3 zoning.
The Vaassens said that C-3 seemed extreme for the kinds of uses that they proposed.
They said that the term 'event center' is not accurate because event centers are usually
much larger venues such as the Grand River Center and Five Flags. They said that an
assembly hall would be a more accurate description of what they propose. They
addressed neighbor's concerns regarding noise and traffic. They noted the letters of
reference provided to the Commission in the packet of information.
Peter Arling, 1744 Creek Wood Drive, said that he represented a number of neighbors
in the Creek Wood Drive area. He referenced a petition signed by 77 neighbors
opposed to the rezoning. He noted the packet of information also included additional
letters and other materials. He discussed a brief history of the Vaassens' event venue
project noting the initial rezoning request that was withdrawn, subsequent Conditional
Use application and the current rezoning application. He said the Vaassens had
reduced the area to be zoned so that fewer neighbors would be notified. He expressed
concerns with the potential for noise generated by events that he said would be
amplified throughout the valley. He said that there would be an increase in traffic. He
said that the proposed use does not fit neatly into a residential neighborhood.
Mr. Arling said that the initial Special Exception granted by the Zoning Board of
Adjustment was to build a barn only as an accessory structure to the principle
residential use. He said that the minutes reflected that no commercial uses would occur
in the barn. He said that the Vaassens moved ahead with their proposal and are asking
for a rezoning after the fact. He referenced a portion of the Unified Development Code
regarding the criteria established necessary for granting a rezoning. He said that it is
contingent upon the applicant to demonstrate that the conditions in their area have
materially changed so as to warrant a rezoning. He said that the property was AG
Agricultural and R-1 Single-Family Residential and it is still surrounded by R-1 zoning.
He said that it appears to be an illegal spot zone.
Kevin Crahan,1600 Manson Road, said he is opposed to the rezoning because of traffic
concerns. He said that he felt this would especially endanger children in the
neighborhood. He said that a commercial building is not appropriate in a residential
area.
Nathan Duccini, 1605 Manson Road, said that he agreed with the two previous
speakers adding that there are no sidewalks in the neighborhood. He said that the road
is substandard in that it has a hill and blind curve. He said he was concerned that some
of the people at the venue would consume alcohol and create an unsafe traffic
situation. He said that Dubuque is not lacking for commercial spaces.
Janet Faley, 1717 Creek Wood Drive, said that she agreed with the previous speakers.
She said that she had an additional concern with noise as her property is only 300 feet
from the property. She discussed decibel levels noting that at that distance the levels
would be very high and disruptive to her property.
Larry Vogt, 1750 Creek Wood Drive, said that the topography in the area is steep and
his property overlooks the valley and the subject property. He said that the original
function of the barn was to be for storage and a workshop. He said Creek Wood Drive
is a narrow street and may even become busier when the highway is completed. He
said that the event center will increase traffic volumes.
Mark Sullivan, 1983 Creek Wood Drive, said that the event barn may not have an
impact at his location but he is opposed to it because of the potential for additional
traffic on Creek Wood Drive. He said that all the area residential properties have
developed in an orderly fashion and that the intent of the R-1 zoning is to protect
people's reasonable expectations. He said that C-3 zoning is too extreme for the
residential area. He said that traffic safety is a concern.
Jan Bahl, 2333 Manson Road, said that the subject property used to be a trailer court
that generated much more traffic than the event venue is likely to. She said when the
Southwest Arterial is opened it will relieve a significant portion of the traffic that currently
uses North Cascade Road and Kelly Lane. She said that the event venue will be
positive for the area and will increase property values. She said that she is in favor of
the proposal.
Patty Herther, 1774 Creek Wood Drive, said that she was concerned with what may
occur within the commercial zone after the Vaassens left or sold the property. She said
that traffic generated by the trailer park would come out as a trickle relative to the
amount that would flow out of an event venue.
Megan Eisel, 1887 Creek Wood Drive, expressed concerns with traffic volumes and the
safety of children in the neighborhood.
Bob Hartig, 1804 Creek Wood Drive, said that he was surprised that the project had
gotten this far. He said that the barn was three times the size that had been approved
at the Zoning Board of Adjustment. He said that he was a licensed architect and that,
using relevant codes, had calculated that there could be upwards of 1 ,100 people in the
barn space. He said that this would require up to 277 parking spaces. He said that the
building structure was not designed to accommodate a commercial use. He said that
the building would not be code compliant regarding fire safety and accessibility. He said
that he was concerned with the noise that the venue would generate, its impact on the
value of the property in the neighborhood, and that the building is not compliant with the
original zoning approvals.
Matt Horsfield, 1720 Creek Wood Drive, said that he opposed and he agreed with the
concerns raised by the neighbors. He said noise is a primary concern because of the
proximity of his residence to the barn. He said that he was used to a small amount of
noise from adjacent properties but the event center would hold recurring events that
would impact the value on his property. He said that he felt that 200 foot notification
required by the City was not adequate and that it should be 1 ,000 feet.
Tessa Fahey, 1722 Creek Wood Drive, said that she was opposed because of the
noise that could be generated up until 11 :00 p.m. She expressed concerns with traffic
safety.
Davin Curtis said that he spoke on behalf of the McCoys at 1834 Creek Wood Drive. He
said that he agrees with the objections raised by the neighbors. He said that these
included noise and the timing and volume of traffic. He said that if the Zoning Board of
Adjustment would have known that the barn was going to be converted to commercial
uses that the Special Exception would not have been approved.
Rod Krapfl, 1632 Manson Road, said that he had lived in the neighborhood for quite
some time. He said that he was opposed to the request expressing concerns with the
traffic and noise.
The Vaassens spoke to the neighbor's concerns. They said that they spoke with a
Realtor and he felt the property values would remain stable and not be impacted by the
proposed rezoning. They discussed the uses permitted in the C-3 district and said that
they would just be operating an event center. Mrs. Vaassen said that the vision for use
of the property could change and it could be redeveloped for more intense residential
uses. The Vaassens stated that noise generated by the event venue would be muted
by the surrounding timber, topography and the proximity of the adjacent properties. She
said the timber would reduce the decibel level of activities at the event venue. She said
that they would gladly follow the city noise ordinance. She noted the surrounding land
use saying there are restaurants and churches nearby.
The Vaassens said that the capacity of the barn would be 125 people, not what was
suggested by the neighbor. She said that trees were cleared in an effort to clean the
property and they expect to replace them with appropriate vegetation. She said Creek
Wood Drive is not a short cut heading to the proposed venue site and, according to
Google Maps, traffic would come from the Kelly Lane area. She said that the barn is not
currently up to code but they would follow the code review process to ensure that all city
codes would be met.
The Vaassens noted that the boundaries of the area to be rezoned had changed from
the initial submittal because they decided to place the parking lot farther away from the
property lines to the north. They said that this enabled them to reduce the area to be
rezoned and to place the parking behind the barn, thus screening it from the adjacent
residential properties. She said that when she spoke with neighbors in the past
regarding their proposal, traffic had not been raised as a concern.
Staff Member Hemenway outlined the staff report. He discussed notification standards
and the series of applications submitted by the Vaassens. He said that notification was
predicated on a hand drawn area map because the area to be rezoned did not follow
parcel lines. He said that a 1 ,000 foot notification would not be advisable because in a
standard rezoning hundreds of adjacent properties would be notified. He assured the
Commission that if approved the barn would have to meet commercial building
standards that included ADA accessibility, fire safety and parking requirements before a
certificate of occupancy would be issued. He said that a site plan would also need to be
submitted and reviewed.
Staff Member Hemenway said that an event center is not listed in the Unified
Development Code as a permitted use. He said staff tried to fit it into what was the most
appropriate zoning that would enable the Vaassens to do all that they had proposed.
He said that had included an event center with some retail sales and a bridal suite
which would be hotel/motel style accommodation. He said that all the uses that the
Vaassens proposed were listed as permitted in a C-3 district. He said that the OC
District required that an assembly hall or private club be granted a Conditional Use
Permit. He said that this would require another public hearing and notification of
neighbors within 200 feet. He said that the Zoning Board of Adjustment approval for a
2,800 square foot structure was not based on gross floor area, but on the footprint of
the building. He said that there are 54 uses listed as permitted in the C-3 District, some
of which are relatively intense, and would not likely locate on the Vaassens property
because of its remote location. He said that the Vaassens are asking to rezone
approximately 5 acres of their 24 acre property. He said that the standard width of
Manson Road varies and that the original plans for Tymber-Hurst subdivision showed
Creek Wood Drive as a dead end. He noted that subsequent subdivisions of the
property resulted in a connection to North Cascade Road. He said that it is difficult to
judge how much traffic would be generated by any one use permitted in the C-3 District.
He said traffic from the event center would probably be heaviest on weekends and
holidays and would enter and exit almost at the same time.
Commissioner Norton asked Staff Member Hemenway to define spot zoning. Staff
Member Hemenway said an example of a spot zone is where a very small commercial
use, like a neighborhood grocery store, is located on a small lot in close proximity to
residential use. He said that he did not like the term spot zone because it is hard to
quantify. He said that he feels the Zoning Advisory Commission's charge is to
determine if the nature and intensity of the proposed land use is appropriate given the
adjacent surrounding land uses.
Commissioner Norton said that he felt the barn venue was a great concept, however,
the C-3 zoning would be in place long-term. He said it does not matter how they define
the event venue, all the C-3 uses would be permitted in the district. He said he does not
feel that the use fits given the adjacent property.
Vice Chairperson Christ said that she felt the uses permitted in the C-3 district were not
appropriate at this location.
Commissioner Baumhover said that he did not feel that a use of this intensity was
appropriate at the subject location.
Vice Chairperson Christ said that the barn has been beautifully restored, but that this
kind of use did not fit given the surrounding land use.
Motion by Norton, seconded by Baumhover to approve the rezoning as submitted.
Motion was denied by the following vote: Aye - None; Nay — Baumhover, Norton,
Belmont and Christ.
ITEMS FROM PUBLIC: None.
ITEMS FROM COMMISSION: Commission Members noted that this was Staff Member
Kritz's last meeting and they wished him well. Staff Member Kritz addressed the
Commission thanking them for their years of service.
ITEMS FROM STAFF: None.
ADJOURNMENT: Motion by Christ, seconded by Baumhover, to adjourn the January
2, 2020 Zoning Advisory Commission meeting. Motion carried by the following vote:
Aye - Baumhover, Norton, Belmont and Christ; Nay — None
The meeting adjourned at 737 p.m.
Respectfully submitted,
Guy Hemenway, Assistant Planner Adopted