Minutes_Zoning Advisory Commission 3 4 20City of Dubuque
ITEM TITLE:
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SUGGESTED DISPOSITION:
Copyrighted
March 16, 2020
Consent Items # 1.
Minutes and Reports Submitted
City Council Proceedings 2/27, 3/2, 3/9; Community
Development Advisory Commission of 2/19; Historic
Preservation Commission of 2/20; Housing Commission of
2/25/20; Library Board of Trustees of 1/23; Resilient
Community Advisory Commission of 3/5 with Attachments;
Zoning Advisory Commission of 3/4; Zoning Board of
Adjustment of 2/27; Proof of Publication for City Council
Proceedings of 2/10, 2/17, 2/24, 2/26, 2/27.
Suggested Disposition: Receive and File
ATTACHMENTS:
Description
City Council Proceedings of 2/27/20
City Council Proceedings of 3/2/20
Community Development Advisory Commission Minutes
of 2/19/20
Historic Preservation Commission Minutes of 2/20/20
Housing Commission Minutes of 2/25/20
Library Board of Trustees Minutes of 1/23/20
Resilient Community Advisory Commission Minutes of
3/5/20 with Attachments and Correspondence
Zoning Advisory Commission of 3/4/20
Zoning Board of Adjustment
Proof of Publication for City
2/10/20
Proof of Publication for City
2/17/20 Special Session
Proof of Publication for City
2/17/20 Regular Session
Proof of Publication for City
2/24/20
Proof of Publication for City
2/26/20
Proof of Publication for City
2/27/20
Minutes of 2/27/20
Council Proceedings of
Council Proceedings of
Council Proceedings of
Council Proceedings of
Council Proceedings of
Council Proceedings of
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Supporting Documentation
Supporting Documentation
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MINUTES
CITY OF DUBUQUE ZONING ADVISORY COMMISSION
REGULAR SESSION
6:00 p.m.
Wednesday, March 4, 2020
City Council Chamber, Historic Federal Building
Commissioners Present: Vice Chairperson Martha Christ; Commission Members Pat
Norton, Rich Russell, Steve Baumhover, Rebecca Kemp and Brittany Loeffelholz; Staff
Members Wally Wernimont, Guy Hemenway and Travis Schrobilgen.
Commissioners Excused: Michael Belmont.
Commissioners Unexcused: None.
CALL TO ORDER: The meeting was called to order by Vice Chairperson Christ at 6:05
p.m.
AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying
the meeting was being held in compliance with the Iowa Open Meetings Law.
MINUTES: Motion by Norton, seconded by Baumhover, to approve the minutes of the
February 5, 2020 Zoning Advisory Commission meeting as submitted. Motion carried
by the following vote: Aye - Baumhover, Russell, Kemp, Loeffelholz and Christ; Nay —
None; Abstain — Norton.
PUBLIC HEARING/REZONING: Application of IIW, P.C. to amend the PUD property
located at 1100 Mt. Carmel Dr. to accommodate a secondary emergency access for a
senior living community.
Mike Jansen, IIW, 4158 Pennsylvania Ave., said that he represents the Sisters of the
BVM and their senior housing project. He noted that IIW had been involved in the
development of the original 2015 Planned Unit Development (PUD) and the 2018 PUD
amendment. He said the 2018 amendment included changing the boundaries of the
PUD. He discussed a timeline that indicated that Phase I of the PUD could commence
but prior to Phase II starting, a secondary emergency access road was required to be
installed. He said this 2020 PUD amendment is for a gated secondary emergency
access to the BVM's property. He said that the roadway as designed is sufficient for fire
apparatus and other emergency vehicles.
Greg Gorton, 1845 S. Grandview Avenue, introduced his wife Kristen and a neighboring
property owner Wayne Chandlee, 1843 S. Grandview. He noted that they are one-third
Zoning Advisory Commission Minutes
March 4, 2020 Page 2
owners of the first half of the access lane that extends from Grandview Avenue to their
respective houses. He spoke in opposition to the request noting that he had submitted
an email outlining many the concerns. He said that he was concerned that the access
drive would create a loop between Grandview Avenue and Shady Oaks for people who
were hiking or biking in the neighborhood. He said this would increase traffic. He
expressed concerns that the road may be used for a construction or service access. He
said he also was concerned that the road at some future date would be converted into a
public street for additional access without any further public input or oversite. He asked
that if the construction process or fire apparatus were to damage the existing access
lane, who would be responsible for the repairs. He questioned how the notification
process worked and he said that he felt that the access road would not work because it
would be an approximately 20% grade.
Mr. Chandlee said that he was concerned that the additional paved area would reduce
the amount of green space in the neighborhood. Kristen Gorton said that she was
concerned that the amendment may allow the access drive to become a public
roadway.
Doug Isaacson, property owner of Lot 2 along the Shady Oaks Drive, said that the
request is for a substantially sized roadway. He said that he conditionally supports the
request and that he would like to be insured that he can take access off the emergency
drive for a residential driveway.
Dawnell Gordon, 1023 Shady Oaks Drive, said that she felt the emergency access off
Shady Oaks Drive would not resolve emergency access issues as Grandview Avenue
could be backed up well past the Louis Murphy Park entrance. She said that various
activities including the lights in the park and the Grandview Gallop block Grandview
Avenue for significant periods of time.
Thomas King, 1081 Shady Oaks Drive, spoke in opposition to the request. He said that
the access drive as proposed will not solve the secondary access issue. He said that it
will also potentially create increased traffic in the neighborhood. He said that other
planned developments within the community do not have secondary accesses.
Erika O'Donnell, 1064 Shady Oaks Drive, spoke in opposition to the request. She
reiterated concerns expressed by the neighbors. She said that the upgraded road will
increase traffic in the neighborhood.
Emily Duehr, 1947 S. Grandview Avenue, said that she was concerned that future
development of the BVM's property would place access through her back yard.
Mike Steele, 1067 Shady Oaks Drive, expressed concerns that the access road would
be upgraded to a full residential or commercial access in the future.
Mike Jansen said that he would like to address the concerns raised by the neighbors.
He said that the lane will be gated and used for emergency access only; therefore,
Zoning Advisory Commission Minutes
March 4, 2020 Page 3
eliminating through traffic. He said that the BVMs will not allow the access road to be
used as a construction or service road. He said that the grade and driveway design has
been reviewed and approved by the Fire Department and is being reviewed by the
Engineering Department. He said that the roadway will not be converted to a full access
road. He said there is currently access to the balance of the BVM's property from a
platted roadway easement on the northside of the property off the South Grandview
Avenue cul-de-sac. He said that traffic volume is not an issue because the access drive
will only be used in the rare event that the Grandview Avenue access would be blocked.
Cody Austin, IIW, 4158 Pennsylvania Ave., said that the width of the secondary access
would be 20' from Shady Oaks Drive to the gate and then tapers down to 12' wide
through the property.
Staff Member Wernimont detailed the staff report noting letters of opposition submitted
by Realtor Gwen Kosel, Mike and Diana Garrity, 1849 South Grandview Avenue and
Connie Bries Welp, 1056 Shady Oaks Drive. He said the standard driveway width for
two-way traffic is a minimum of 24'. He said that standard roadway width varies from
27-31' and that the emergency access road itself will only be 20' wide. He said that the
events that were discussed that happen along South Grandview Avenue such as the
Grandview Gallop require that a Special Event Permit be issued, and that Fire and
Police are made aware and have contingencies for access.
Staff Member Wernimont said that the proposed roadway will be for a secondary
emergency access only. He said the access will be gated and the only vehicles that will
traverse the property would be emergency vehicles or a snowplow to keep the drive
access clear during inclement weather. He said that neighbors within 200' of the
proposed access drive had been notified and the amendment request had been
published in the public notices section of the Telegraph Herald. He said that if the
Commission makes a recommendation to the City Council that another public hearing
regarding the request would be held at the March 16, 2020 City Council meeting. He
explained the requirement for construction of a secondary emergency access prior to
commencement of Phase 2 of the development.
Staff Member Wernimont noted that the proposed access lies fully within the BVM's
property. He said that other similar residential facilities generally have two accesses,
either on a secondary driveway or adjacent city streets. He said that the amended
ordinance mirrors the existing ordinance with the exception that the emergency
secondary access is indicated on the concept plan. He said there will not be through
traffic on the proposed access. He said that the BVMs could build a residential driveway
to the house at 1847 S. Grandview Avenue in the same location without any further
review. He noted that fire access to some of the abutting residential properties requires
that the fire hoses be stretched approximately 1,000' from the Grandview Avenue. He
said if the access would be approved the Fire Department noted that it would reduce the
length of hose needed to approximately 600'.
Commissioner Baumhover asked if the developers had considered different options.
Zoning Advisory Commission Minutes
March 4, 2020 Page 4
Staff Member Wernimont said that there had been consideration for an access from
Julien Dubuque Drive by the girls' softball fields. He said that there were topography
and roadway negotiation issues. Mr. Jansen noted that engineers had looked
extensively at other options and that a driveway access off Julien Dubuque Drive would
require traversing property that was not owned by the BVM's and would create extreme
grades and switchbacks that would be very difficult for fire apparatus to negotiate. He
said the roadway would not accommodate all the Fire Department's equipment. Cody
Austin noted that of all the options studied the driveway access from Shady Oaks was
the best.
Commissioner Norton asked if crossing the existing driveway easement was legal. He
expressed concerns that the existing driveway access and the proposed emergency
driveway would create a loop creating a walking path. He asked about various options
regarding gating and fencing the access. He said that a fence could possibly reduce the
pedestrian traffic, but it would also be somewhat unsightly.
Commissioner Russell asked about existing covenants. Staff Member Wernimont said
that staff was not aware of covenants that would prohibit construction of the access
driveway. He explained that covenants are private agreements typically between
property owners, homeowner's associations and developers.
Commissioner Norton said that maybe an option would be to place two gates on the
access road; one at the Shady Oaks Drive and one at the BVM's property. He said that
he was aware that the property owner could create a residential driveway by right.
Staff Member Wernimont noted that two gates would slow response time for emergency
vehicles. Commissioner Norton asked for clarification on the proposal. Staff Member
Wernimont said that this is an amendment to the BVM's Planned Unit Development
prompted by the requirement for an emergency access.
Commissioners further discussed the request.
Motion by Russell, seconded by Baumhover to approve the amendment to the BVM
Planned Unit Development request for emergency secondary access. Motion carried by
the following vote: Aye - Norton, Baumhover, Russell, Kemp, Loeffelholz and Christ;
Nay — None.
ITEMS FROM PUBLIC: None.
ITEMS FROM COMMISSION: None.
ITEMS FROM STAFF: None.
Zoning Advisory Commission Minutes
March 4, 2020 Page 5
ADJOURNMENT: Motion by Christ, seconded by Norton, to adjourn the February 5,
2020 Zoning Advisory Commission meeting. Motion carried by the following vote: Aye -
Norton, Baumhover, Russell, Kemp, Loeffelholz and Christ; Nay — None
The meeting adjourned at 7:20 p.m.
Respectfully submitted,
Wally Wernimont, Associate Planner Adopted