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.
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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
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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.
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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