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Minutes Zoning Advisory 9 3 03 MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, September 3, 2003 6:30 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa PRESENT: ABSENT: Chairperson Eugene Bird, Jr.; Commissioners Ron Smith, Martha Chdst, Jeff Stiles and Dick Schlitz; Staff Members Kyle Kritz and Guy Hemenway. Commissioners Ben Roush and Stephen Hardie. 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 August 7, 2003 meeting were approved unanimously as submitted. Chairperson Bird explained to those present that there were only five commissioners present and that four positive votes are required to approve a request. He stated that applicants can ask to table their requests. ACTION ITEMtFINAL PLAT~tlLLER: Application of Larry Miller for approval of the final plat of Lots 1-4, Inclusive, of Miller Place located along Sylvan and Bies Drive. Larry Miller said he is seeking approval for a final plat of Miller Place, which he said subdivides 1.6 acres into four lots. Staff Member Kritz stated that the four tots would accommodate future condominium development. He stated that the final plat is in substantial compliance with the subdivision regulations. Motion by Smith, seconded by Christ, to approve the final plat of Lots 1-4, Inclusive, of Miller Place. Motion was approved by the following vote: Aye - Smith, Christ, Stiles, Schlitz, and Bird; Nay - None. ACTION ITEM~DETERMINATION OF SIGNIFICANT CHANGEtUNIVERSITY OF pUBUQUE: Application of the University of Dubuque for approval of the significant change from the adopted Conceptual Plan for the south campus - student apartments. Alan Burr, Vice President of Finance and Auxiliary Services, stated that he represents the University of Dubuque. He discussed the ongoing student housing project, stating that due to increases in enrollment, the University sought approval to increase the footprint and height of their proposed student housing. He stated that the footprint of the buildings would be increased by 102 square feet and a fourth story would be added. He said that the number of units per building would increase from 85 to 116. Staff Member Kdtz stated that the University of Dubuque is asking for a determination of significant change. He said that the Commission was to decide if adding a fourth floor, and Minutes - Zoning Advisory Commission September 3, 2003 Page 2 additional square footage and height to the structure constituted a significant change from the original conceptual plan. He stated that the existing parking lot satisfies the demand generated by the additional number of units. Commissioners discussed the parking ratio for student housing. They discussed the request for additional height and square footage: and deemed it not a significant change. Motion by Schlitz, seconded by Smith, stating that the proposed student housing expansion proposed by the University of Dubuque is not a significant change. Motion was approved by the following vote: Aye - Smith, Christ, Stiles, Schlitz, and Bird; Nay- None. PUBLIC HEARINGtREZONING~,CALLAHAN: Application of Joel Callahan to rezone property from County R-2 Single-Family Residential Distdct to City CS Commercial Service and Wholesale and LI Light Industrial District, in conjunction with annexation. Joel Callahan, 12815 Noble Ridge, stated that he wants to rezone 80 acres of property west of Seippel Road from County residential to City Light Industrial and Commercial Service districts. He distributed a map showing the City industrial parks and surrounding zoning and land use. He also distributed a City of Asbury proposed land use map. which he said indicated proposed light industrial development north of the subject property. He stated that an auto repair garage bordered the property to the west. He stated that an excavation business also borders the property. He stated that preliminary discussions with the City indicated that Middle Road improvements were planned at some future date. Chairperson Bird entered the maps submitted by Mr. Callahan into the record. Roseanne Dryer, 6210 Middle Road in Asbury, stated that she is opposed to the rezoning because of potential traffic impacts and concerns with property value. Roger Dryer, 6210 Middle Road, stated that he is not opposed to the residential development that is taking place north of his property. He said he did, however, oppose the proposed commercial and industrial development adjacent to his property. He said that he feels it would generate heavy truck traffic on what are currently substandard roads and he said that there is currently no accommodation for pedestrian traffic along Middle Road. Karen Gerhard, 15302 Middle Road= said that the property across both Middle Road and Seippel Road is currently residential. She stated there is also the Bergfeld Recreation area adjacent to the proposed rezoning. She stated that the City has no immediate plans to improve Middle Road. She stated that the rezoning will have a negative impact on the residential character of the area. Maurine Harris, 13503 Seippel Road said that she is concerned with potential flooding. She distributed photos to Commissioners illustrating Catfish Creek flooding on the west side of Seippel Road. She cited traffic counts provided by City Engineering, and she said that a traffic study should to be undertaken prior to development of this area. Minutes - Zoning Advisory Commission September 3, 2003 Page 3 Maure Millen, 6218 Middle Road, Asbury, said that he always anticipated development in this area, but that his understanding was that it would be residential, not commercial or industrial development. Janet Rueckert, 6226 Middle Road, said that she is opposed to the project because of traffic concerns. Mr. Callahan said that his development is close to the existing industrial park. He said it is not a perfect proposal, but it is appropriate for the area. He said that road improvements will ultimately follow development on the west side of town. Commissioner Stiles asked about the outcome of the former County rezoning request for Mr. Callahan's property. He asked Mr. Callahan if he had considered dividing the rezoning request, proposing less intense uses on the north half of the property next to the residential development along Middle Road. Mr. Callahan stated that property with Middle Road frontage has commercial value and that the position of the creek on the property makes other kinds of development difficult. Staff Member Kritz outlined the rezoning request. He discussed the surrounding land use and the status of adjacent rezonings and annexations. He discussed the uses permitted in the commercial service and light industrial districts. He stated that an extension of Chavanelle Road would ultimately serve Mr. Callahan's property. He said that it is likely that traffic will increase and that road improvements typically follow development. He stated that storm water detention and conveyance would be improved ~n concert with development of the subject parcel. Commissioner Christ questioned the extent of the existing City industrial park. Staff Member Kritz discussed the phasing of the City industrial property and the existing land bank. Commissioner Smith stated that street improvements would be. coordinated between the City and County in the future. He stated that the proposed development borders both residential development and the industrial park. Commissioner Stiles said that he feels street improvements will follow the development. He said Middle Road provides a buffer between the subject property and the existing residential development. He said that storm water will be controlled through the use of site development standards. He stated that Commissioners may chose to limit the amount of permitted uses in the CS District because it is across from residential development. Commissioner Schlitz said that street improvements are needed now. He said that the applicant was not able to demonstrate a compelling need for the rezoning. Commissioner Christ said that she is opposed to the rezoning because of the adjacent residential development and because of the potential intensity of the development on the Minutes - Zoning Advisory Commission September 3, 2003 Page 4 subject property. She said that there is already adjacent property thatis zoned commemial and industrial. Chairperson Bird stated that the Zoning Advisory Commission has in the past approved commercial service zoning as a transition or buffer to residential development. He said he feels that the road would be improved in the future, and that storm water will be managed. Commissioners discussed limiting the permitted uses in the CS District. Commissioner Christ said that the development would be made prominent by the surrounding topography, not buffered by it. Commissioner Schlitz said that traffic is a principal issue for this site. Motion by Christ, seconded by Stiles, to approve the zoning request as submitted. Motion was denied by the following vote: Aye - Stiles and Bird; Nay - Smith. Christ and Schlitz. Motion by Smith, seconded by Stiles to reconsider Mr. Callahan's rezoning request. Motion was approved by the following vote: Aye - Smith, Stiles and Bird; Nay- Christ and Schlitz. PUBLIC HEARINGtREZONING~MUELLER: Application ofDan Mueller to rezone property from C-3 General Commercial District to MHI Modified Heavy Industrial District and located southeast of the Highway 52 South and Highways 61/151 Intersection. Dan Mueller asked Commissioners to table his request until the November 5, 2003, meeting. Motion by Schlitz, seconded by Smith, to table the proposed rezoning to the November 5, 2003, meeting at the applicant's request. Motion was approved by the following vote: Aye - Smith, Christ, Stiles, Schlitz. and Bird; Nay - None. PUBLIC HEARING~.REZONING~PERFECTION OIL COMPANY: Application of John Kretz/Peffection Oil Company to rezone property located at 313b/3146 Central Avenue from R-3 Moderate Density Multi-Family Residential District to C-2 Neighborhood Shopping Center District. Brian Kane, 2200 Asbury Road, stated that he represents Perfection Oil. He discusse(~ a plat map that he distributed showing the lots requested to be rezoned. He stated that the area to be rezoned is approximately % acre. He discussed surrounding land use,~tating that there is a mix of uses, including commercial and residential. He discussed the proposed 7,000 square foot Advance Auto Parts store, which he said is interested in this location. He said that the total acreage of this area is needed to enable a business to be viable. Dave Ehlinger, 3110 White Street, said that the proposed commercial use will devalue his property. He stated that this request represents moving commercial development into a Minutes - Zoning Advisory Commission September 3, 2003 Page 5 residential area. He said that White Street cannot bear additional traffic and that currently there are some problems in the neighborhood that this proposal will exacerbate. Jude Neyens, 35 E. 32r~ Street, said that there is no need for commercial development in this area. He stated that he has concerns with traffic and lighting. Heather Lanahan, 3104. Central, stated that there is existing traffic problems on 32"d Street and Central Avenue, and that the proposed development would only increase said problems. Irv Waller, 3101 Central, said that he is concerned with storm water runoff. He said he is also concerned with a potential conflict between traffic and the fire station across the Street. He stated that any C-2 use would be permitted at this location. Roger Gartner, 47 E. 32'~ Street, read the requirements for granting rezoning from the Zoning Ordinance. He stated thatthere is currently R-3 Multi-Family Residential zoning on three sides of the subject lot. He said that Mr. Kretz has tom down houses in both the C-2 and R-3 Districts. He said that the proposed rezoning is not in the public interest or in the interest of the neighborhood. He said that the development will generate noise, lighting and traffic problems. He said there is currently an existing litter problem in the area that will be increased. He said many of the homes in this neighborhood are very well maintained. He said that Mr. Kretz could build single or multi-family residences on these lots. He stated that Mr. Kretz could also donate the property to the City and create a neighborhood park at this location. Jerry Schueller, 35 E. 32nd Street, stated that he has concerns with increased traffic and a potential conflict with access to the fire station. Dorothy Eisbach, 3034 Central, said she is concerned with all of the uses permitted in a C- 2 District and potential expansion of the C-2 District in the future. Brian Kane said that the property is currently vacant and cannot be redeveloped for residential purposes. He said that Advance Auto Parts will have nom'ral hours of operation and that the facility will be built to City standards, and will be compliant with all applicable City rules and regulations. He said that current streets are adequate to handle the additional traffic generated by the proposed project. He stated that a commercial development at this location will be good for the city has a whole. He said that a change in the character of the neighborhood has facilitated the rezoning from R-2 to C-2. He stated that this proposal represents an extension of the existing zoning. Staff Member Kdtz discussed traffic, storm water runoff and surrounding zoning. He said that a site of this size may not require additional storm water detention but may use existing storm sewers. He said that plats of this property and a site plan have not been reviewed by the City. Minutes - Zoning Advisory Commission September 3, 2003 Page 6 Commissioner Stiles stated that it would be nice if this area could be a park or a church; however, it was formerly a gas station. He said the C-2 half of the property could accommodate a 24-hour operation with curb cuts close to the intersection. He said that multi-family housing at this location would be as big a problem as commercial development. He said that sewer, storm water and lighting would be addressed at the site plan review level. He stated that he is comfortable with the uses that are permitted in a C- 2 district, but is concerned with some uses listed as conditional uses. Commissioner Schlitz said that he sees no problem with the proposed project. Commissioner Smith said that the proposed commercial development will intrude on an existing residential neighborhood. He said that the Commission has denied such rezoning requests twice in the GrandviewAvenue area, and he sees little difference in this request. Commissioner Christ said that she agrees with Commissioner Smith, and that it is not the Commission's job to guarantee the most "bang for the buck" on commercial development property, but to ensure development takes in place in a logical manner and has limited impact on adjacent properties. Commissioner Schlitz said that this rezoning is not similar to those in the Grandview area. He said that Central Avenue and the surrounding streets bear more traffic and are more commercialized than the Grandview Avenue area. Commissioners discussed the request, and some said they have concerns regarding traffic, noise and commercial expansion into a residential neighborhood. Motion by Schiltz, seconded by Christ, to approve the rezoning as submitted. Motion was denied by the following vote: Aye - Stiles and Bird; Nay - Smith, Christ and Schlitz. Motion by Schlitz, seconded by Bird, to reconsider Mr. Kretz's rezomng request. Motion was approved by the following vote: Aye - Stiles, Schlitz and Bird; Nay - Christ and Smith. Motion approved with a simple majority. PUBLIC HEARING~REZONINGtDUBUQUE BANK & TRUST: Application of Dubuque Bank & Trust to rezone property located at the southwest corner of the Northwest Arterial & Asbury Road from PC Planned Commercial District, to C-3 General Commercial District. Brian Kane, representing Dubuque Bank & Trust, reviewed the surrounding zoning and existing zoning restrictions, including the current Planned Unit Development-zoning requirements. He stated that the request is to rezone to C-3 to allow additional signage, which is currently limited by the PUD standards. Mr. Kane reviewed the to~)ography of the site, noting that the property lies below both Asbury Road and the Northwest Arterial. He stated that the property is currently surrounded by commercial zoning. NOTE: There was no public input on this request. Minutes - Zoning Advisory Commission September 3, 2003 Page 7 Staff Member Hemenway reviewed the differences between the PUD and C-3 districts, noting the number of allowed uses and sign regulations. He stated that similar sign restrictions are applied to adjacent C-3 property located along Asbury Road to the west and to the out lots for Asbury Plaza north of Asbury Road. Commissioners reviewed the history, zoning changes and sign regulations in the area. They discussed the umque nature of the site. Commissioners felt the request had very little impact on the adjacent property. Some Commissioners felt that the change in zoning was inconsistent with the intention of the PUD. Motion by Stiles, seconded by Christ, to approve the rezoning request as submitted. Motion was approved by the following vote: Aye - Smith, Christ, Stiles, Schlitz, and Bird; Nay - None. PUBLIC HEARING~TEXT AMENDMEN'I3,DUBUQUE COUNTY RIGHT TO LIFE: Application of Dubuque County Right to Life to allow one free-standing sign with a maximum height of 10' and a maximum area of 35 square feet, in a C-1 Neighborhood Commercial District. Motion by Christ, seconded by Stiles, to table the request until resubmitted at the applicant's request. Motion was approved by the following vote: Aye - Smith, Christ, Stiles, Schlitz, and Bird; Nay - None. ADJOURNMENT: The meeting adjourned at 8:30 p.m. Kyle L. Kritz, Associate Planner Adopted