Minutes_Zoning Advisory Commission 6 2 10Masterpiece on the Mississippi
ABSENT: Commissioner Tom Henschel.
TEN
MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
Wednesday, June 2, 2010
6:00 p.m.
City Council Chamber
350 W. 6 Street, Dubuque, Iowa
CALL TO ORDER: The meeting was called to order at 6:00 p.m.
Commissioners discussed the request and felt it is appropriate.
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PRESENT: Chairperson Jeff Stiles; Commissioners Ron Smith, Stephen Hardie, Martha
Christ, Patrick Norton and Charles Miller; Staff Members Kyle Kritz and Guy
Hemenway.
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 5, 2010 meeting were approved unanimously, as
submitted.
ACTION ITEMIFINAL PLAT: Application of City of Dubuque — Engineering Department for
approval of the Final Plat Inland Molasses Place No. 2 located at 1300 Inland Lane.
Staff Member Kritz outlined the request stating that Lot 2 is being platting in order to
facilitate the Water Pollution Control Plant expansion project. He noted that the plat is in
substantial compliance with City standards and recommended approval.
Motion by Hardie, seconded by Christ, to approve the Final Plat Inland Molasses Place No.
2. Motion carried by the following vote: Aye — Smith, Hardie, Christ, Norton, Miller, and
Stiles; Nay — None.
ACTION ITEMIFINAL PLAT: Application of Mid America Holdings for approval of the Final
Plat of Center City Place #2 located at the southwest corner of E. 11 & Washington
Streets.
Minutes — Zoning Advisory Commission
June 2, 2010
Page 2
Chairperson Stiles abstained from discussion due to a conflict of interest for this plat and
the following three plats.
Vice Chairperson Charles Miller presided.
Staff Member Kritz said that the Final Plat of Center City Place #2 will provide additional
right -of -way to help facilitate street improvements and utility extensions for the Historic
Millwork District.
Commissioners felt that the request was appropriate.
Motion by Hardie, seconded by Smith, to approve the Final Plat of Center City Place #2, as
submitted. Motion carried by the following vote: Aye — Smith, Hardie, Christ, Norton and
Miller, Nay — None; Abstain — Stiles.
ACTION ITEMIFINAL PLAT: Application of Warehouse Redevelopment, LLC for approval
of the Final Plat of Center City Place #3 located at the southwest corner of E. 10 &
Washington Streets.
Staff Member Kritz identified the location of the plat noting that it is part of the old Eagle
Window and Door Manufacturing property. He said, like the former plat, it would help
facilitate street and public utility improvements in the Historic Millwork District.
Commissioners felt that the request was appropriate.
Motion by Hardie, seconded by Smith, to approve the Final Plat of Center City Place #3.
Motion carried by the following vote: Aye — Smith, Hardie, Christ, Norton, Miller; Nay —
None; Abstain — Stiles.
ACTION ITEM PLAT OF SURVEY: Application of Caradco Building, LLP for approval of
the Plat of Survey of Center City Place #4 located at the southeast corner of E. 10 &
Jackson Streets.
Staff Member Kritz outlined the request describing the location of the plat and noting that
acquisition of the property will facilitate street and utility improvements in the Historic
Millwork District. He said that the property would also accommodate an underground
access tunnel and window wells. He noted that the plat is in substantial compliance with all
City standards and recommended approval.
Commissioners felt that the request was appropriate.
Motion by Hardie, seconded by Smith, to approve the Plat of Survey of Center City Place
#4. Motion carried by the following vote: Aye — Smith, Hardie, Christ, Norton and Miller;
Nay — None; Abstain — Stiles.
Minutes — Zoning Advisory Commission
June 2, 2010
Page 3
ACTION ITEM PLAT OF SURVEY: Application of Wilmac Property Company for approval
of the Plat of Survey of Center City Place #5 located at the northeast corner of E. 10 &
Jackson Streets.
Staff Member Kritz said that the Plat of Survey of Center City Place #5 is a mirror image of
the previous plat in the Historic Millwork District, noting that a 5 foot section of the lot will
accommodate window wells. He said that the plat is in substantial compliance with all City
regulations and recommended approval.
Commissioners felt that the request was appropriate.
Motion by Hardie, seconded by Norton, to approve the Plat of Survey of Center City Place
#5. Motion carried by the following vote: Aye — Smith, Hardie, Christ, Norton and Miller;
Nay — None; Abstain — Stiles.
PUBLIC HEARINGIAMEND ID INSTITUTIONAL DISTRICT: Application of University of
Dubuque to amend the University of Dubuque ID Institutional District to add a new
office /classroom building and additional parking south of the West and Finley Streets
intersection. A new parking lot is proposed north of West and Finley Streets intersection
for property located at 2488 West Street / 1220 Finley Street / 881 McCormick Street.
Jim Steiner, Vice President of Finance at the University of Dubuque, outlined the project for
the Commission. He identified the subject lots stating that the project will facilitate the
development of Mercer Hall which he said is a 12,000 square office /library and classroom
building, along with two surface parking lots. He said that the completion date for the
project is August of 2011. He discussed storm water infiltration measures undertaken by
the University. He said that the development will satisfy all City requirements.
Staff Member Kritz reiterated the request noting that inclusion of the new property into the
University of Dubuque's Institutional District and the construction of a new building require
that the district be amended through the Commission and City Council. He discussed the
proposed parking lot expansions, storm water infiltration and sustainability measures
undertaken by the University. He noted the location of the improvements and discussed
the Unified Development Code requirements regarding parking lot design. He noted that
the UDC requires landscape islands for Tots with bays of 20 or more spaces. He said that if
the landscape islands were required, the University would lose 4 parking spaces. He said
the City not opposed to the parking lot design without landscape islands because of the
critical need for parking in the neighborhood and because of the sustainability measures
included in the balance of the parking lot design. He noted that the parking lot design
included a bioswale with native planting and an underground storage chamber that
promotes storm water infiltration.
Commissioner Hardie asked Staff Member Kritz to clarify the location of the expansion
area. Staff Member Kritz noted the location.
Minutes — Zoning Advisory Commission
June 2, 2010
Page 4
Staff Member Kritz noted that the landscape island requirement must be waived by the
Zoning Advisory Commission as part of the motion, if they are so inclined.
Commissioner Hardie expressed concerns with not providing landscape islands. He
discussed the necessity for a parking ramp which he said would limit expansion of the
campus area and preserve neighborhood integrity and housing stock.
Chairperson Stiles asked if the loss of 4 spaces is critical to the University. Mr. Steiner
said no and noted that the University has explored the construction of a ramp at various
locations on the campus and that it has proven to be cost prohibitive.
Commissioner Christ asked if Finley Street would remain a public street or become a
private street. Staff Member Kritz noted that Finley Street will continue to be a public
street.
Commissioners discussed the request and felt that it is important to install the parking lot
islands.
Motion by Smith, seconded by Christ, to approve the amended University of Dubuque ID
District, with the condition that the parking lot landscaped islands be included in the parking
lot at the corner of Finley and West Streets.
Motion carried by the following vote: Aye — Smith, Hardie, Christ, Norton, Miller and Stiles;
Nay — None.
PUBLIC HEARINGIREZONING: Application of Toby Kress to rezone property located
along Old Highway Road (west portion of Lot 1 Kunde Place #3) from AG Agricultural
District to CR Commercial Recreation District.
Toby Kress, 16349 North Cascade Road, reviewed his request to rezone approximately 20
acres which he said will facilitate development of a campground. He discussed the
surrounding zoning and land use, noting that access to the site would be taken from Old
Highway Road across his adjacent property. He said he will meet all City requirements and
indicated that the project will benefit both the City and himself.
Staff Member Hemenway reviewed the staff report, noting the history of the annexation
and rezoning of the subject parcels. He reviewed access and traffic issues. He noted that
a condition of approval for the former rezoning had been placed on the property by the
Commission requiring that trees be placed along the western border of the property. He
recommended that the Commission consider requiring that the western boundary line of
the subject property be screened as required for the prior rezoning.
The Commission discussed the request and felt that it is important to maintain the
vegetative buffer along the western property line of the subject lot.
Minutes — Zoning Advisory Commission
June 2, 2010
Page 5
Motion by Christ, seconded by Smith, to approve the rezoning request, with the condition
that 70 evergreen trees be placed along the western property line of the subject lot. Motion
carried by the following vote: Aye — Smith, Hardie, Christ, Norton, Miller and Stiles; Nay —
None.
PUBLIC HEARING%REZONING: Application of Scott Potter to rezone property located at
525 Garfield Avenue / 1907 & 1911 Johnson Street from C -1 Neighborhood Commercial
District and R -2A Alternate Two - Family Residential District to C -3 General Commercial.
Chairperson Stiles read into the record a letter of support for the rezoning submitted by
Harold and Iona Koppes, 3472 Crestwood Drive, owners of the property at 516 -518
Rhomberg Avenue.
Scott Potter, 515 Garfield Avenue, reviewed his request noting that his vision is to remove
one building on the subject Tots and add parking that would facilitate redevelopment of the
existing commercial building. He said the building could be reused for uses such as
vehicle repair or photography with the option to add apartments above the first floor.
Rick Baumgartner, 601 Garfield Avenue, said that he is a tenant of Mr. Potter and noted
that he supports the request. He said that the development that Mr. Potter has undertaken
over the years has improved the entire neighborhood.
Staff Member Hemenway reviewed the staff report noting the existing structures and their
existing and former uses. He reviewed the allowed uses in a C -3 District and discussed
the surrounding zoning and land use. He noted that the property is 10,500 square feet in
area, which may limit the intensity of commercial activity due to parking and setback
requirements. He said, however, that some C -3 activities may be relatively intense when
placed directly adjacent to existing single- and multi - family residential uses.
Commissioner Hardie said that he did not feel that C -3 zoning is, appropriate directly
adjacent to a residential development because of the intensity and number of uses allowed
in the C -3 District.
Chairperson Stiles asked why the applicant chose C -3 zoning. Staff Member Hemenway
noted that the applicant wants to undertake auto related business and has a contractor
shop and yard that requires C -3 zoning.
Commission Smith expressed concerns with C -3 uses in this area, noting that while he has
faith that Mr. Potter would be sensitive to his surroundings, but that the zoning would be in
place much longer than Mr. Potter would own the property.
Commissioner Norton explored the potential for placing conditions on the property that
would limit the uses to those less intense commercial uses.
Minutes — Zoning Advisory Commission
June 2, 2010
Page 6
Commissioner Hardie said that he is hesitant to remove those uses that Mr. Potter is
requesting. He noted that Mr. Potter may not always be the property owner.
Mr. Potter said that he is going to maintain the historic commercial building and that his
intention is to demolish an existing residence to create additional parking and storage area.
He said that his son is very active in his business and will take over in the event that he can
no longer operate the business. He said that the former use at 525 Garfield Avenue was
more intense than the uses that he is proposing. He said that his intent is to enhance the
neighborhood.
Staff Member Hemenway noted that upper -story residential uses are allowed in C -1, C -2
and C -3 zoning districts; however, the auto related uses and contractor shops are only
allowed in C -3 zoning districts.
Chairperson Stiles said that he feels that the surrounding land uses are more intense than
what Mr. Potter proposes.
Commissioner Hardie again noted that the rezoning is not for one individual, but for 53
commercial uses.
Motion by Christ, seconded by Smith, to approve the rezoning request. Motion carried by
the following vote: Aye — Christ, Norton, Miller, and Stiles; Nay — Hardie and Smith.
ITEMS FROM PUBLIC:
Dave Rusk, 2340 Coates Street, inquired about action items that already had been heard
at the meeting. He was informed that all 5 items had been approved.
ADJOURNMENT: The meeting adjourned at 7:15 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted