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Minutes Zoning Adv C 6 4 03 MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION June 4, 2003 6:30 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa DP, AFT PRESENT: ABSENT: Chairperson Eugene Bird, Jr.; Commissioners Stephen Hardie, Martha Christ, Jeff Stiles and Ben Roush; Staff Members Guy Hemenway and Kyle Kritz. Commissioners Dick Schlitz and Ron Smith. CALL TO ORDER: The meeting was called to order at 6:30 p.m. 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 May 7, 2003 meeting were approved unanimouslY as modified. ACTION ITEIVASCHNEIDER LAND SURVEYING/RIVER CITY STONE CO.: Application of Schneider Land Surveying/River City Stone Co. for approval of the Final Plat of Stone Quarry Subdivision located along U.S. Highway 52 South in Dubuque County. Cad Summers stated that he is the property owner, and is interested in subdividing the existing property to sell a parcel for storage of logs. Staff Member Hemenway discussed the plat, noting that two of the parcels have no frontage on public right-of-way. He stated that the lots would be accessed from an easement. He recommended approval, waiving the lot frontage requirement. Motion by Hardie, seconded by Christ, to approve the final plat of Stone Quarry Subdivision, waiving Section 42-19(b), Lots and Blocks, for lot frontage for Lots 1 and 2. Motion was approved by the following vote: Aye - Hardie, Christ, Stiles, Roush and Bird; Nay -None. ACTION ITEM~CAREY GRAYBILL/STEELEGRAY, INC.: Application of Carey Graybill/Steelegray, Inc. for approval of the Preliminary Plat of Wynstone located at 2915 Kennedy Road. PUBLIC HEARING~REZONING[CAREY GRAYBILL/STEELEGRAY~ INC.: Application of Carey Graybill/Steelegray, Inc. to rezone property from AG Agricultural District to R-1 Single-Family Residential Distdct located at 2915 Kennedy Road. The Commission decided to hear the rezoning request and review the preliminary plat simultaneously. Minutes - Zoning Advisory Commission June 4,2003 Page 2 Carey Graybill said he is proposing to create a 66-1ot subdivision on four existing lots. He stated that part of the property is currently zoned R-1 Single-Family Residential, and the other portion is zoned AG Agricultural. He stated that he plans to build homes in the $130,000-$170,000 range. He said that that Steelgray, Inc. would build the houses. Dick Rohner, 3407 Sunset Park Circle, said that the City dynamited during construction of the storm sewer. He said he is concerned with potential property damage if dynamiting is needed for the subdivision. He said he is also concerned with removal of the existing trees. Tom Faulkner, 3385 Sunset Park Circle, said that he also represents Ron and Roxanne Kinsella on Sunset Park Circle, who were not able to attend. He stated that he is opposed to the development because pf the loss of vegetation. He said that the City's blasting damaged their property. He said he has concerns with the access road and he questioned the sewer location. He said that this development will increase traffic along John F. Kennedy Road. Jim Theisen, 2606 Hacienda Drive, stated that he is a partner in the Hacienda Land Corporation. He stated that he has storm water detention concerns as it regards development of this property. Mr. Graybill said that he would like to preserve as many trees as possible. He said that he does not want to alter the drainage area. He said he will address storm water runoffwith a detention basin. He stated that the property is currently surrounded by R-1 zoning, and that single-family development is appropriate. Commissioner Hardie asked if the trees indicated on the site plan would remain. Staff Member Kritz stated that the existing.vegetation shown on the preliminary plat could be removed at the owner's discretion. Mr. Graybill discussed which vegetation and trees he plans to removed through the development process. He stated that the development will have stub street accesses for the Kivlahan property to the north and for Hacienda Land Corporation's property to the west. Commissioner Hardie questioned the location and size of the storm water detention area. Staff Member Kritz outlined the area to be rezoned. He discussed the surrounding zoning and land use. He said that the plat provides lots for 66 single-family homes, which will be accessed from John F. Kennedy Road. He said that a collector street would be stubbed to the Hacienda Land Corporation property, and a local residential street to the Kivlahan property. He discussed utility locations and storm water detention. He stated that the City is developing a regional detention facility near Carter Road approximately one mile from the property. He said this property will drain toward the new detention facility. Commissioner Stiles asked if this development will create a significant increase in traffic. Staff Member Kritz said that the City Engineering Department did not object to the Minutes - Zoning Advisory Commission June 4.2003 Page 3 additional traffic on John F. Kennedy Road, which is a minor arterial and is surrounded by arterials at Asbury Road and the Northwest Arterial. Commissioner Hardie stated that a significant portion of the property behind the residences on Sunset Park Circle is currently zoned R-I. He said it is not practical thatthe property remain undeveloped. He stated that preliminary plat requirements would address concerns regarding storm water and utility extensions. Commissioner Roush said that he feels this is an appropriate development at this location. Commissioner Stiles said that he feels this development is appropriate and consistent with the long-range plans for the area. Motion by Stiles, seconded by Christ, to approve the rezoning as submitted. Motion was approved by the following vote: Aye - Hardie, Christ, Stiles, Roush and Bird; Nay -None. Motion by Christ, seconded by Roush, to approve the Preliminary Plat of Wynstone. Motion was approved by the following vote: Aye - Hardie, Christ, Stiles Roush and Bird; Nay -None. PUBLIC HEARING\REZONING~CHRISTOPHER & JENNIFER SPAHN: Application of Christopher & Jennifer Spahn to rezone property from C-1 Neighborhood Commercial District and R-2A Alternate Two-Family Residential District to C-2 Neighborhood Shopping Center District located at 605 W. Locust and 2085, 2085 1/2 Foye Street. Brian Kane, representing Christopher and Jennifer Spahn, reviewed the request. He noted that in the past, the property was used as an automobile sales dealership, which is currently legally non-conforming. He reviewed the surrounding zoning, noting the location of existing C-1 Neighborhood Commercial zoning near the subject property. Mr. Kane indicated the applicants are requesting C-2 Neighborhood Shopping Center. He reviewed the purpose and permitted uses in both C-1 and C-2 districts. He stated that this area is not in a historic district. Jerry Pottebaum, 659 W. Locust, said he is opposed to the rezoning because of potential traffic, noise and litter generated by the commercial center. John Pline, 667 W. Locust, said that he is opposed to the development because of potential traffic and noise. Mark Klauer, 649 W. Locust, stated that he is opposed to the development because of traffic and concerns with the proximity of a large building along his side property line. Mrs. James Lee, 594 Almond Street, spoke in opposition. She reviewed the history of the site as an auto sales lot. She said she is concerned about traffic noise and storm water runoff. Minutes- Zoning Advisory Commission June 4,2003 Page 4 Vince Manders, 569 W. Locust, said that he is concerned about limited access to Foye Street. Eileen Klein, 520 Almond Street, stated that she is concerned with the access to Foye Street, and with the potential for vehicular traffic along the alley betWeen Almond Street and West Locust Street. Dave Fisch, 406 Almond Street, stated that he is the representative of the Valley View Neighborhood Association. He stated that the property would be an excellent location for a neighborhood park. He stated that the members of the Neighborhood Association were concerned with traffic. He stated that he would like for the Neighborhood association to be able to review and provide input for the development. Paul Herberger, 490 Almond Street, stated that he has concerns regarding traffic. He stated that the existing site generated very little traffic compared to the proposed retail space. Mr. Kane stated that the applicant's request is to change from C-1 to C-2, and that many of those uses allowed in the C-2 District ara currently allowed in the C-1 District. He stated that the intent is to build a small commercial center that will not attract traffic from all over the community, just from the neighborhood He stated that storm water and access issues will be reviewed at the site plan level. Staff Member Hemenway reviewed the staff report. He noted the property history, past uses of the site, and stated that the automobile sales lot is grandfathered. He stated an auto sales lot would not be allowed in either a C-1 or C-2 District. He reviewed the site plan -requirements and noted that the existing duplex will have to be removed prior to any additional commercial development. He reviewed the purpose of C-1 and C-2 Districts and stated that the applicant agreed to reduce the size of the rezoned area to not include the property behind the house at 2105 Foye Street. Commissioners reviewed the request. Chairperson Bird asked the applicant if he would care to table the request, which would allow him time to meet with the neighbors and resolve outstanding issues regarding the development. Mr. Spahn stated that there is deadline on the option to buy the property, which precluded him from delaying the rezoning. Commissioners expressed concern regarding the proximity of the proposed building to the existing residence. Commissioners felt that the traffic issues were not insurmountable, and that there are other businesses of similar intensity in the neighborhood. Commissioners discussed the uses allowed in the C-2 district. Chairperson Bird again asked the applicant if he wished to table the request in an effort to redesign the site and address some concerns raised by neighbors. The applicants and Mr. Kane conferred and stated they did not wish to delay the rezoning request. Motion by Christ, seconded by Stiles, to approve the rezoning as submitted. Motion failed by the following vote: Aye - Roush; Nay - Hardie, Christ, Stiles and Bird. Minutes -Zoning Adviso~ Commission June 4,2003 Page 5 ITEMS FROM STAFF: Staff Member Kritz informed the Commission that the Council meeting on July 21't would be dedicated to budget issues and that rezoning requests would go on to the first meeting in August. ADJOURNMENT: The meeting adjourned at 8:00 p.m. Kyle L. Kritz, Associate Planner Adopted