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Minutes Zoning Adv C 7 2 03 MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, July 2, 2003 6:30 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa DP FT PRESENT: Chairperson Eugene Bird, Jr.; Commissioners Ron Smith, Stephen Hardie, Martha Christ, Jeff Stiles, Dick.Schlitz, and Ben Roush; Staff Members Guy Hemenway and Kyle Kdtz. ABSENT: None. 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 June 4, 2003 meeting were approved unanimously as submitted. ELECTION OF OFFICERS: Commissioners elected Eugene Bird. Jr. as Commission Chairperson, Ron Smith as Vice Chair and Martha Christ as Secretary. All nominations were approved unanimously. ACTION ITEII~,MINOR FINAL PLA'I"~IILLER: Application of Bill & Mary Miller/Bill Miller Logging, Inc. for approval of the final plat of Lot 1, Lot 2 and Lot 3 of Miller Place located at the northwest comer of Highway 61/151 in Dubuque County Mary Miller, 33949 288~ Avenue, LaMotte, outlined her request. Staff Member Kritz described the plat location and configuration. He stated that the plat was in substantial compliance with the City of Dubuque standards. Motion by Schlitz, seconded by Stiles, to approve the final plat subject to waiving Article IV, Design and Improvement Standards, except for Section 42-19(b), Lots and Blocks. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schlitz, Roush and Bird; Nay - None. ACTION ITEM~FINAL PLAT~LINK: Application of David & Judith Link for approval of the final plat of Link Acres located at the end of Wildlife Ridge in Dubuque County. Dave Link, 10282 Morning Dove Lane, outlined his request. Staff Member Kritz stated that this plat represents a continuation of Furuseth's Subdivision First Addition. He said that the streets would be built to County roa(~ standards. He said Minutes - Zoning Advisory Commission July 2, 2003 Page 2 that this subdivision is located atthe Highway 61/151 interchange. He said the subdivision would have common wells and septic systems. He stated that the plat is in substantial compliance with City of Dubuque regulations. Motion by Stiles, seconded by Christ, to approve the final plat subject to waiving Article IV, Design and Improvement Standards, except for Section 42-19(b), Lots and Blocks. Motion was approved by the following vote: Aye - Smith, Hardie. Christ, Stiles, Schlitz, P, oush and Bird; Nay - None. ACTION ITEM~PRELIMINARY PLATIGANTZ: Application of Jim Gantz for approval ofthe preliminary plat of Wingate Place No. 3 located on Wingate Drive. The applicant was not in attendance. Staff Member Kritz discussed the property history, He indicated that the area has been under development since 1990, He said that the platted area includes a cul-de-sac and a street connection to Sylvan Drive. He stated that the original preliminary plat approval had expired. He stated that LotA is now designated as a storm water detention area. He said the lots are designed to accommodate multi-family structures. He recommended approval, stating that the preliminary plat of Wingate Place No. 3 is in substantial compliance with City of Dubuque regulations. Motion by Christ, seconded by Smith, to approve the preliminary plat of Wingate Place No. 3 as submitted. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles. Schlitz, Roush and Bird; Nay - None. ACTION ITEI~SITE PLAN REVIEW~EAST DUBUQUE SAVINGS BANK: Application of Marry Johnson to review the site plan for East Dubuque Savings Bank located on the southwest corner of Cedar Cross P,oad and Starlight Drive. Marry Johnson, Straka Johnson Architects, said that the proposed bank building is a 5,500 square foot structure with a full basement. He discussed the setbacks for the building. Staff Member Kdtz stated that Zoning Advisory Commission review of the site plan was stipulated as a specific requirement of the PUD. He stated that the site plan is in substantial compliance with City of Dubuque standards and that it provides adequate screening and parking. He recommended approval. Commissioner Schlitz said that item D.3 of the Planned Unit Development requirements stated that the structure should be built below grade. Staff Member Kritz said that the structure will be built slightly below grade and that it is a single-story building. He said that screening requirements would also help buffer the development from adjacent residential neighborhoods. Minutes - Zoning Advisory Commission July 2, 2003 Page 3 Motion by Smith, seconded by Christ, to approve the site plan for the East Dubuque Savings Bank. Motion was approved by the following vote: Aye - Smith, Hardie, Christ. Stiles, Schlitz, Roush and Bird; Nay - None. PUBLIC HEARING~REZONING RECONSIDERATION~SPAHN: Application of Christopher & Jennifer Spahn (reconsideration) to rezone property located at 605 W. Locust and 2085, 2085 1/2 Foye Street from C-1 Neighborhood Commercial District and R-2AAltemate Two- Family Residential District to C-2 Neighborhood Shopping Center District. Motion by Bird, seconded by Stiles, to reconsider the rezoning. Motion to reconsider was approved by the following vote: Aye- Smith, Hardie, Stiles, Schiltz, Roush and Bird; Nay- Christ. Attorney Brian Kane, representing the Spahns, reviewed the concerns expressed at the previous meeting with the Commission. He noted that Mr. Spahn met With the Valley View Neighborhood Association. He indicated that because of concerns raised about access to Foye Street, itwas decided to remove that access as an option. He stated that the square footage of the structure and the number of parking spaces have not been changed from the original site plan. Mr. Kane indicated that the HVAC units would be located on the roof to reduce noise, and that arborvitae would be placed along the west side property line to screen the back of the building from Mr. Klauer's property. He stated that the building and site would meet all requirements set forth for storm water control, lighting, and parking as per City requirements. Dave Fish, representing the Valley View Neighborhood Association, reviewed with the Commission his discussion with the neighbors, noting that the west wall of the proposed structure would be sided and not concrete block. He stated that providing arborvitae screening and limiting the curb cuts on Foye Street addressed many of the concerns raised by the neighbors. John Pline, 667 West Locust Street, spoke in opposition to the request because of traffic and parking concerns. Mrs. James Lee, 594 Almond Street, stated that she has concerns regarding the position of the proposed building on the lot. She stated she also is concerned with the traffic congestion and the size of the building. Jerry Pottebaum, 659 West Locust, stated he is concerned with the hours of operation of the commercial activity and the potential traffic generated by a strip commercial center. Brian Kane stated that their request is to rezone from C-1 to C-2. He stated that the preamble for C-2 states that it is anticipated to be near residential properties. He stated that the proposed building would utilize residential building materials, including siding on the backside, so it would blend with the adjacent architecture. Minutes - Zoning Advisory Commission July 2, 2003 Page 4 Al Urbain, 300 Main Street, said that the size of the building would be 50' by t94' or approximately 9,700 square feet in size. He stated that there will be a dumpster at this location, but the exact location has not been determined. Mark Klauer, 649 West Locust, stated that he owns the property immediately west of the proposed building. He spoke in opposition to the request, stating that he is concerned with the size and scale of the building, and its proximity to his side property line. Chairperson Bird entered into the record a letter from Mr. Fish of the Valley View Neighborhood Association, and a packet of information submitted by Mr. Kane that included minutes of the Valley View Neighborhood Association meeting, a letter and a site plan. Staff Member Hemenway reviewed the history of the site and surrounding property. He outlined the differences between C-1 and C-2 districts. Commissioners discussed the request. Commissioner Stiles indicated that he believes that the applicant has made a good faith effort to address the neighbors concerns and that he is in support of the project. Commissioners stated they are still concerned with the position and scale of the building relative to the west property line. Commissioners reviewed potential for additional screening along the west property line. Commissioner Schiltz stated that a number of serious issues remain, most notably the location of the commercial structure on the lot and the developmental density of the project. Commissioner Hardie expressed concern regarding the position of the proposed commercial building, and he stated that he did not believe that C-2 is the most appropriate zoning for this location. Commissioner Roush spoke in support of the request, stating that the property is currently zoned for commercial uses and that the setbacks are similar between both districts. Motion by Christ, seconded by Stiles, (from original motion from the June 4, 2003 meeting) to approve the rezoning as submitted. Motion was denied by the following vote: Aye - Stiles and Roush; Nay - Smith, Hardie, Christ, Schlitz and Bird. PUBLIC HEARING~,REZONING~BRADLEYIGRANDVIEWAVENUE UNITED METHODIST CHURCH: Application of James Bradley/Grandview Avenue United Methodist Church to rezone property located at 419 N. Grandview Avenue from R-1 Single-Family Residential District to C-2 Neighborhood Shopping Center District. Mel Miller, 105 Dunleith Drive, East Dubuque, Illinois, spoke in support of the project stating that he represents Grandview Avenue United Methodist Church. He outlined a brief history of the site, detailing the efforts made by the Church to market the property. He stated that Mr. Hartig's is the only offer to purchase the church and that it is contingent Minutes - Zoning Advisory Commission 'July 2, 2003 Page 5 on the property being rezoned to C-2. He stated that he also represents Dubuque Bank & Trust, and they are also in favor of the project. Jim Bradley, realtor with Prudential Friedman Realty, reviewed the efforts to market the property. Mr. Bradley indicated that the cost of the structure and the expense of utilities limits the number of potential buyers for the property. Mr. Bradley stated that he does not believe that traffic will increase significantly .because of the volume of surrounding traffic and the past functions, which the church held at this location. He said these included a pre-school, meetings, funerals, and church services. Mr. Bradley reviewed the surrounding zoning noting that there are other commercial zones in the area. Mr. Bradley submitted a letter of support signed by Robert Kripes, 173(~ Grace Street. Chris Johnson, 1774 Bennett Street, submitted a petition in opposition with 35 neighbors' signatures. He said he is concerned with the proposed commemial zoning because of the potential for increased traffic on residential streets and the impact on property values. He stated that the project represents a threat to the residential character of the area. He stated that there is the potential for an increase in commemial deliveries at this location. James Welter. 1775 Bennett Street, spoke in opposition, stating he ~s concemed with limitations on access to the alley serving the properties behind the church building. He stated that the proposed development would increase the likelihood of accidents in the area. He stated he is concerned with storm water and snow removal at this location. Casey Thein, 1764 Bennett Street, stated that the redevelopment of this area will compromise the existing church building and that it will be detrimental to the residential character of the neighborhood. Charles and Kathe Lehman spoke in opposition to the request stating concerns with the negative impact of commercial activity on the residential area. Mrs. Lehman stated that their property would lose a degree of privacy and value. The Lehman's submitted a letter in opposition to the Commission. Frederick Blum, 1755 Bennett Street, spoke in support of the request, saying he felt it is an appropriate rezoning. Klm Gau, representing The Finley Hospital, spoke in support ofthe request. She said she respects the concerns expressed by the neighbors, but she believes that the services provided by Mr. Hartig are necessary and will be located in close proximity to where they are needed. Diane Duve, 1740 Grace Street, spoke in support of the project, stating that it is compatible with the neighborhood and that it will compliment the area. Beth Gilbreath, 805 S. Grandview, stated that the Montessori School had offered to purchase the property from Grandview Avenue United Methodist Church. She stated that Minutes - Zoning Advisory Commission July 2, 2003 Page 6 Montessod would like to renovate the building as a school, which is permitted in an R-1 district. Catherine Dean, 1765 Bennett Street, stated that many of the houses along Bennett and Grace Streets drain their storm water into the alley or onto the street. She stated she is in support of the rezoning. Laverne Klein 485 N. Grandview, spoke in support of the request. She stated that the proposed rezoning would allow the re-use of the church property. She stated that there is already a large volume of existing traffic in the neighborhood and that the new use could easily be accommodated. Janet Blum, 1755 Bennett Street, spoke in favor of the proposed rezoning, saying it is appropriate for this area. Linda LaSoya, 808 Spires Drive, spoke in opposition to the request, stating that she represented Montessori School, which had made a good faith offer to buy the church property. She said this rezoning is similar to the one at 396 N. Grandview for an office, which was denied for similar reasons. John Dean. 1765 Bennett Street, spoke in favor of the request, stating that he feels this is a good proposal. Harvey Duve, 1740 Grace Street, stated that he supports the rezoning and that he did not feel that traffic in the neighborhood would be affected. Mr. Miller stated that the offer from the Montessori School was half of the current offer, and that the congregation could not in good faith accept such a Iow price. Mr. Miller submitted a traffic analysis outlining former church activities and the number of vehicles attending said activities. He also listed the regularly scheduled meetings and special events that occurred at the church. He stated that these numbers indicate that the existing traffic volume is substantial. Staff Member Hemenway asked that a letter from Jim Gibbs, the Lehman's and Mr. Kdpes be entered into the record. He reviewed the history of the site, the size of the existing building, and the property and parking configurations. He reviewed the surrounding zoning and land use, and stated that a medical office use at this location would require a conditional use permit from the Zoning Board of Adjustment. He stated that the proposed parking adjacent to the church property would also require a conditional use permit. Commissioners discussed the request, noting the concerns regarding expansion of a commercial zoning along Grandview Avenue. Commissioners stated that they sympathize with the Church because of the difficulty in marketing this property. They reiterated concerns with traffic and the incursion of a commercial use into a residential area. Commissioners stated that this kind of commercial activity will increase traffic, impact the Minutes - Zoning Advisory Commission July 2, 2003 Page 7 character of the residential neighborhood, impact the character of Grandview Avenue and have a detrimental effect on property values in the neighborhood. Motion by Stiles, seconded by Christ, to approve the rezoning. Motion was denied by the following vote: Aye - None; Nay - Smith, Hardie, Christ, Stiles, Schlitz, Roush and Bird. PUBLIC HEARING~REZONING~MENNINGIK & C INVESTMENTS: Application of Kevin Menning/K & C Investments to rezone property located at 44 Main Street from LI Light industrial Distdct to C-4 Downtown Commercial District. Kevin Menning reviewed his request with the Commission, stating that the zoning change will enable him to reuse the first floor of his property for commercial and retail purposes. No one in attendance spoke in opposition. Staff Member Hemenway reviewed the report, noting the surrounding zoning and land use. He discussed the history of the property and stated that this proposal represents an expansion of an existing C-4 district across the Locust Street Connector. He discussed parking for the property and the potential for vacation of City property, both north and west of the subject lot. Commissioners discussed the request, noting that the commercial character of this area has changed and that the request is appropriate for the neighborhood. Motion by Christ, seconded by Smith, to approve the request as submitted. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schlitz, Roush and Bird; Nay - None. PUBLIC HEARING~REZONING~MCNAMER/HARVEST DEVELOPMENT GROUP LLC: Application of Marry McNamertHarvest Development Group LLC to rezone property located at 4100 Asbury Road from R~I Single-Family Residential District and R-3 Moderate Density Multi-Family Residential DistriCt to PUD Planned Unit Development with a PR Planned Residential designation to allow development of a 180-unit senior assisted living housing. Marry McNamer, 1199 Hunters Ridge, stated that he represents Harvest Development group. He outlined the property history and he said thatwhen he developed this property initially, he was concerned with buffedng the residential development from the Northwest Arterial. He said that PRDC of Madison offered to develop an assisted living project at this site. He stated that this is an appropriate development because it will be residential in character and help buffer the properties to the south from the arterial. He stated that he notified adjacent property owners and held a neighborhood meeting. He said that traffic was an issue, but that traffic data supplied by the City staff indicated that single-family residential development would generate slightly more traffic than the proposed assisted living facility. Minutes - Zoning Advisory Commission July 2, 2003 Page 8 He discussed traffic generated by ambulance and food services. He discussed traffic patterns in the neighborhood, stating that any residential development will utilize Matthew John Drive, which is a collector street. He stated that the plat indicates a stub street to the Hacienda Group property, which will eventually connect and provide a secondary access to John F. Kennedy Road. He stated that the proposed development would buffer the adjacent residential development with a berm and landscaping~ He said that he would ask for temporary construction access to the Northwest Arterial, to help mitigate the truck traffic along Matthew John Drive during the construction process. Staff Member Kdtz outlined the staff report, including the vadous scenarios for traffic generation based on residential development. Commissioners discussed the project and stated that it is appropriate at this location. Commissioners felt the development will provide a good transition between existing single- family residential and the Northwest Arterial Corridor. Motion by Chdst, seconded by Stiles, to approve the rezoning as submitted. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schlitz, Roush and Bird; Nay - None. ITEMS FROM STAFF: Staff noted that the August meeting date would be Thursday, August 7~ 2003. ADJOURNMENT: The meeting adjourned at 8:45 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted