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Minutes Zoning Adv Com. 12 3 03PRESENT: MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, December 3, 2003 6:30 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa D FT Chairperson Eugene Bird, Jr.; Commissioners Ron Smith, Stephen Hardie, Martha Christ, Jeff Stiles, Dick Schlitz and Ben Roush; Staff Members Kyle Kritz and Guy Hemenway. ABSENT: None. 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 November 5, 2003 meeting were approved unanimously as submitted. ACTION ITEI~FINAL PLAT~SOPPE: Application of Ted & Carole Soppe for approval of the Final Plat of Lots 1 thru 6 of Quality Place located in the 2700 Block of Shims Avenue. Carol Soppe, 1422 Langworthy Street, stated that her intention is to replat her property reconfigudng five lots into seven building lots. She said that she wants to shorten several lots along Shires Avenue and incorporate the back half of these lots into her building lot. Staff Member Hemenway reviewed the size, frontage and configuration of the lots created by the submitted final plat. He noted that access to Lot 2 would be by means of an access easement from Shims Avenue. Motion by Hardie, seconded by Christ, to approve the final plat of Lots 1 thru 6 of Quality Place as submitted. Motion carried by the following vote: Aye - Bird, Smith, Hardie, Christ, Stiles, Schlitz and Roush; Nay - None. ACTION ITEM~PRELIMINARY PLA~TRI-STATE DEVELOPMENT: Application of Tri- State Development for approval of the Preliminary Plat of Seippel Road Commercial Subdivision located at the southwest corner of Seippel Road and Old Highway Road. The applicant was not in attendance. Staff Member Kritz discussed the original R-2 and CS rezoning for this property. He said that the submitted plat will serve to create new building lots and a new paved street. He said that the new street will be built to City standards and the plat will be in substantial compliance with the City of Dubuque Subdivision Ordinance. He recommended approval of the plat. Commission Members discussed the plat and felt it was approp date. Minutes - Zoning Advisory Commission December 3, 2003 Page 2 Motion by Hardie, seconded by Smith, to approve the preliminary plat of Seippel Road Commercial Subdivision as submitted. Motion carried by the following vote: Aye - Bird, Smith, Hardie, Christ, Stiles, Schlitz and Roush; Nay- None. ACTION ITEI~FINAL PLAT~RICHARD LECONTE: Application of Richard LeConte/Ricann Farms Inc. for approval of the Final Plat of Ricann Farms, Inc. No. 4 located on Olde Massey Road (next to 7326 Olde Massey Road) in Dubuque County. Richard LeConte reviewed the submitted plat, noting that the plat resubdivides an existing lot, creating two additional smaller parcels. He stated that he intends to sell the parcels. He said that the smaller parcel with no frontage is labeled non-buidable. Staff Member Hemenway reviewed the submitted plat, noting that Lot 1 has no frontage and is designated as non-buildable. Motion by Stiles, seconded by Christ, to approve the final plat of Recann Farms No. 4 waiving Section 42-19. Lots and Blocks, for lot frontage for Lot 1, and noting that Lot 1 is non-buildable. Motion carried by the following vote: Aye - Bird, Smith, Hardie, Christ, Stiles, Schlitz and Roush; Nay- None. ACTION ITEM~FINAL PLAT~Oak Park Place of Dubuque LLC: Application of Bob Hartig for approval of the Final Plat of Oak Park Place located on Aggie Street. Bob Hartig said he represents Oak Park Place. LLC, and asked the Commission to approve the final plat of Oak Park Place. He stated that he has worked closely with the City to develop the plat to City standards. He stated that three small parcels have already been rededicated to Oak Park Place. Staff Member Kritz discussed the final plat of Oak Park Place, stating that it extends Aggie Street and City utilities. He said that the plat is in substantial compliance with the City of Dubuque's Subdivision Standards. Motion by Hardie, seconded by Christ, to approve the Final Plat of Oak Park Place as submitted. Motion carried by the following vote: Aye - Bird, Smith, Hardie, Christ, Stiles, Schlitz and Roush; Nay- None. ACTION ITEM~SITE PLAN REVlEVWPHASE II ASBURY PLAZA SHOPPING CENTER: Application of Rubloff Development for approval of the site plan for property located at the northwest corner of Asbury Road and the Northwest Arterial. Staff Member Kritz stated that the provisions of the Asbury Plaza PUD require that all major site plans be reviewed by the Zoning Advisory Commission. He stated that the submitted site plan will accommodate the new Kohl's store, additional retail space and associated parking. He said that during this phase of the development a second access to the Northwest Arterial will be added. Commissioner Schlitz asked if the existing detention Minutes - Zoning Advisory Commission December 3, 2003 Page 3 basin is functional. Staff Member Kdtz said that the control structure for the detention facility has been completed and that erosion control for the site is in place. He stated that the submitted site plan is in substantial compliance with the Asbury Plaza PUD. Motion by Smith, seconded by Hardie, to approve the Site Plan for Phase II of Asbury Plaza Shopping Center. Motion carried by the following vote: Aye - Bird, Smith, Hardie, Christ, Stiles, Schlitz and Roush; Nay - None. PUBLIC HEARING~REZONING~MUELLER: Application of Dan Mueller (tabled) to rezone property located southeast of Highway 52 South and Highway 61/151 intersection from C-3 General Commercial District to MHI Modified Heavy Industrial District. Dan Mueller, 590 Samuel Street, said that he has met with the Greater Dubuque Development Corporation, the Iowa Department of Transportation, City Engineering Department and neighbors regarding his project. He said that modifications made to the original request will address no~se, dust and traffic issues. He distributed a hard copy of a PowerPoint presentation that he conducted for the audience and commission members. He stated that Apex Concrete wants to expand, and therefore must relocate their operation. He stated that he wishes to rezone five acres at the center of his 10-acre parcel. He stated the MHI property would only serve the batch concrete plant and potentially all C-3 uses. He discussed access to Highway 52. He discussed the batch plant process and the site configuration, including the addition of a barrier wall and screening along the western property line. Mr. Mueller said that the Iowa Department of Transportation has approved the access to his facility. He discussed hours of operation and stated that Apexwoutd be a single user. He said that if this area was to be developed for C-3 commercial uses traffic volume could possibly be greater than that generated by the batch plant. He discussed accident rates and vehicle safety for the area. He said that Clyde Mihalakis signed a letter stating that, if storm water is adequately managed, he has no objection to the development. He said that the plant would be state of the art, well hidden from adjacent properties and should generate little traffic. He showed a video produced by Apex indicating the plant's design and operation. Rick Kemp stated that he is a driver for Apex Concrete, and he asked that the Commission approve the rezoning. He said that Apex runs a safe operation and that noise levels atthe old Dubuque Packing Company were worse than that generated by a Ready Mix truck, He said Apex will run a quiet operation. Lenny Behnke, 602 Jacob Street, said that he lives next door to the proposed batch plant. He stated that he has visited the Apex plant in Dyersville and that it is quiet and dust free. He said he sees no problem with the proposed batch plant. Minutes - Zoning Advisory Commission December 3, 2003 Page 4 Gerry Mootz, 256 Princeton Place, said that he visited an existing Apex Concrete Plant and that it is clean and quiet. He said that he feels this plant should not create traffic problems. Mike Duffy stated that he is an employee of Apex Concrete. He said that the plant would be state-of-the-art and will generate very little traffic. Tim Stlerman 9262 Bellevue Heights Road, said that the plant would be unsightly and generate dust and dirt. He submitted photos illustrating dust generated bythe Dyersville batch plant. He stated that the view to the plant and the noise it generates could not be screened from the back yards of those residents along Bellevue Heights Road. He distributed a letter from the February 5, 2003 Zoning Advisory Commission meeting submitted by Mr. Flynn, of Flynn Ready Mix, stating that his batch plant generates dust. Harlan Dory, 9257 Bellevue Heights Road, stated that the presence of bedrock at this location would make development of the proposed pits difficult. He discussed the surrounding residential development and stated that the batch plant has the potential to increase traffic and compromise safety. He said that the plant would be unsightly, located at the south gateway to the community. He said that the prevailing winds would direct dust, exhaust and noise to their property. Cathy Behnke, 602 Jacobs Street, said that she has met with the applicant and the neighbors, and she approves of the proposed request. She stated that the dust at the other plant was generated from a gravel road, and that there wasn't a noise problem. Mike Portzen, 1865 Dallas Court, stated that he owns Portzen Construction. He said that he is in support of the rezoning because it is difficult to get concrete delivered on a timely basis. Dan McDonald stated that he represents Greater Dubuque Development Corporation at 300 S. Main Street. He said that Greater Dubuque Development Corporation supports the project. He said that the concrete batch plant's location is site specific because their product is perishable and needs to be delivered to job sites in the immediate vicinity. Matt Horsfield, 2942 Fox Hollow Drive, said that he represents Horsfield Construction. He said that he wants to confirm that Apex runs a clean operation, including the plant and their vehicles. He stated that his business is competitive and that a readily available supply of concrete is important to that competitiveness. He stated that the plant would be regulated by the EPA. DNR and the IDOT. Laurie Kelleher, 9227 Bellevue Heights Road, spoke in opposition. She said she has concerns with noise and dust. Dorothy Brimeyer, 9326 Bellevue Heights Road, spoke in opposition. She said that the proposed plant will have a negative impact on the value of her property. Minutes - Zoning Advisory Commission December 3, 2003 Page 5 Dave Baker, representing the Teamster's Union 421, said that the Apex Plant relocation would bdng good jobs with decent pay to the area. He stated that Apex Concrete is a good business partner, and will be considerate of their neighbors. Gary Cavanaugh, 9230 Bellevue Heights Road, said that he has concerns with the potential increase in traffic generated by the batch plant. He said that there will be significant noise associated with the bulk cement being delivered to the site. He said that a plant at this location would be unsightly, dusty and noisy. Ruth Speck, 622 Jacobs Street, spoke in opposition to the request. She stated that she is comfortable with the commercial development adjacent to her property, but not with industrial development. She said that the batch plant will be noisy, will create traffic safety problems, and will generate significant truck traffic. Mary Lau, 687 Jacobs Street, spoke in opposition, stating that she fears that traffic safety will be compromised. Richard Kaufman. 6547 Massey Station Road, said that the traffic headed north on Highway 52, up the hill, will slow down significantly. He said truck traffic headed south accessing the facility will have to turn right from a 55-mph roadway. He questioned the aesthetics of a large batch plant at this location, stating that Highway 52 is a scemc highway, and the plant will potentially spoil the entryway to the city. He stated that the arborvitae shown on the conceptual development plan will take 15 years to mature before they will adequately screen the adjacent neighborhood. Pat Lux, 624 Jacobs Street, stated that she has concerns with noise, dust and inadequate screening. She stated that she is opposed to the rezoning. Denny Their stated that he represents Apex Concrete at 45 Jones Street. He said that their Dyersville yard is not paved; and therefore, the facility is dustier than the proposed facility will be. He said the proposed facility will be fully paved. He said he feels that Apex has addressed the traffic concerns raised. He stated that Mr. Stierman's and Mr. Doty's properties are approximately 1,400 to 1,500 feet from the proposed batch plant. He stated that the plant will comply with all applicable rules and regulations. Staff Member Kdtz said that the request is to rezone the central portion of Mr. Mueller's property from C-3 General Commercial to MHI Modified Heaw Industrial District. He said that a batch mix concrete plant is a permitted use in a MHI District, and that trucks and truck maintenance are permitted land uses in the surrounding C-3 area. He stated that IDOT traffic counts indicate 7,700 vehicle trips per day along Highway 52, and 17,000 vehicle trips per day along U.S. Highway 151161. He discussed the supplemental materials submitted by neighbors and the applicant. He said that the area could be served by City sewer and water. He stated that the facility will have storm water detention requirements and that the plat would require that a public street be built to access this location. Minutes - Zoning Advisory Commission December 3. 2003 Page 6 Commissioner Roush said that his main concern initially was traffic. He said, however, the applicant's information demonstrated that traffic will be addressed through the addition of a turning lane. He said he is in favor of the project. Commissioner Chdst asked about Kerper Court rezoning regarding the Flynn Ready Mix Plant. She said she is concerned with the proximity of the Modified Heavy Industrial District to the mobile home parE. She said is concerned with children's' safety, truck noise and dust. Denny Their said that a fence will be F31aced along the eastern border plus a barrier wall will be placed along the western border. He said that the pits for the aggregate will be buried on the east side of the property where the bedrock tapers off. He said that the pits will be buried approximately 30 feet into the ground. Commissioner Smith said that the Commission is being asked to make a tough choice. He said that the state-of-the-art plant shown by Mr. There is a big plus. He said that the extended traffic lane will help mitigate traffic impacts. He said that moving the batch plant back away from the residential properties will help buffer said properties. He said he will support the project. Dan Mueller discussed the traffic configuration, including the potential for extending a turning lane on the south side to access the property. Commissioner Hardie asked if there would be 15 trucks an hour on average accessing this site. Mr. Mueller stated that at peak times there could be. Commissioner Smith asked ifa turning lane would be added going downhill to access the site. Mr. Their stated that they did not currently plan to put one in, but it is the Zoning Advisory Commission's prerogative to require one if they choose, Commissioner Hardie questioned the prowsions in a letter submitted by the applicant regarding reversion of the use from MHI to C-3. Staff Member Kritz stated that conditions could be added to a rezoning and formalized with a memorandum of agreement; however, no sunset clause is permissible for rezonings under Iowa State Law. Commissioner Hardie stated that he feels it is not logical to rezone to MHI with all C-3 uses. Staff Member Kritz stated that this type of rezoning is legal under existing Iowa State Law. Commissioner Hardie stated that he feels that Highway 52 serves as a natural barrier between the residences on Bellevue Heights Road and the MHI development. Staff Member Kritz discussed the distribution of residential and industrial properties throughout the community. He also discussed the transition between residential commercial and industrial properties. Commissioner Hardie questioned the repositioning of the batch plant facility on the lot and the location of the building wall for the C-3 maintenance building. Mr. Thief stated that the maintenance shop will be 60 feet by 100 feet with the potential for future expansion. He stated that there is approximately 225 feet between the batch plant and the maintenance building. Minutes - Zoning Advisory Commission December 3, 2003 Page 7 Commissioner Members reviewed the site plan. Commissioner Schlitz said that he initially voted against the project, but after receiving the additional information provided by the applicant, he feels that the view to the facility should have little impact on the adjacent properties. He said that the traffic concerns have been addressed and that dust at modem facilities like the Flynn Ready Mix Plant is being effectively handled. He said that the facts submitted by the applicant demonstrated that the concerns raised by the neighbors will be addressed. He said that he is in support of the project. In response to a question by Commissioner Christ= Mr. Thier replied that the garage doors on the maintenance building will face the batch plant and will be insulated or soundproofed. He said that the maintenance building will be located partially below the grade of the trailer park. Commissioner Stiles said that dust, noise and traffic concerns have been addressed. He said that the security fence and screening plantings appear to be adequate to buffer the adjacent residential property. Commissioner Hardie stated that he is in favor of rezoning the property to MHI with the condition that the last 10 permitted uses be stricken. Motion by Hardie, seconded by Schlitz, to approve the rezoning from C-3 to MHI with the condition that uses 42, 43, 45, 46, 47, 48, 50, 52 and 53 be stricken from the MHI list of permitted uses, and that concrete batch plant is added as a permitted use. Motion carried by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schlitz and Roush; Nay- Bird. Commissioners discussed the location of an appropriate security fence and screening. Motion by Hardie, seconded by Christ, to require that a cyclone security fence with live plantings three to four feet in height be required along the western boundary line of the C- 3 property. Motion carried by the following vote: Aye - Bird, Smith, Hardie, Christ, Stiles, Schlitz and P, oush; Nay - None. Motion by Stiles, seconded by Smith, to approve the rezoning from C-3 General Commercial to MHI Modified Heavy Industrial zoning district. Motion carried by the following vote: Aye - Bird, Smith, Hardie, Christ, Stiles, Schlitz and Roush; Nay - None. PUBLIC HEARING~REZONING~RUNDE: Application of Jim Runde to rezone property from C-3 General Commercial district to CS Commercial Service and Wholesale District. James Runde reviewed his request with Commissioners, noting that his future tenant needs CS zoning. He stated a small portion of the north part of his property is already zoned CS. Walter McFadden stated that he owns land across from the property. He said that he vehemently objects ~ the rezoning. Minutes - Zoning Advisory Commission December 3, 2003 Page 8 Jerry McFadden stated that he owns property across from the rezoning. He said he is concerned about storm water and septic issues. He said that he would like the rezoning to be denied until the sanitary sewer can be extended to this area. John Foster. 2501 Spring Green Drive, stated that he runs a machine shop, and that he proposes to build a new facility on the back half of Mr. Runde's property. Jim Kalb said he is an adjacent property owner an that he is opposed to the rezoning to Commercial Service. Jim Runde stated that his site will have two detention basins and an adequate septic system that will handle up to 12 people. Staff Member Hemenway reviewed the existing zoning and noted that the back 65 feet of the property is zoned CSc, Commercial Service with conditions. He stated that the original conditions require that any building have at least a 30-foot setback from the western property line and that a buffer of deciduous trees be required along the western boundary line. Commissioners reviewed the existing CS conditions. Commissioners discussed the differences between CS and C-3 uses. Commissioners discussed the adjacent land uses. Motion by Smith, seconded by Stiles, to approve the rezoning from C-3 to CS Commercial and Wholesale. Motion carried by the following vote: Aye - Bird, Smith, Hardie, Christ, Stiles, Schlitz and Roush; Nay - None. PUBLIC HEARING~REZONING~TRI-STATE DEVELOPMENT: Application of Tri-State Development to rezone property from R-2 Two-Family Residential District to CS Commercial Service & Wholesale District and CS Commercial Service & Wholesale District to R-2 Two-Family Residential District located at Southwest Corner of Seippel Road and Old Highway Road. The applicant was not in attendance. Staff Member Kritz stated that the rezoning reconfigures the original rezoning, shifting the access read to the south along Seippel Road and cleaning up the remnant parcels. He stated the area between the newly realigned road and Mr. Cate's property will be rezoned to R-2 Two-Family Residential. Mason Cate, 12271 Seippel Road, asked for clarification on the boundary line location. Commission members felt that the rezoning and read realignment was an improvement. Motion by Hardie, seconded by Christ, to approve the rezoning as submitted. Motion carried by the following vote: Aye- Bird, Smith, Hardie, Christ, Stiles, Schlitz and Roush; Nay - None. Minutes - Zoning Advisory Commission December 3, 2003 Page 9 PUBLIC HEARING~REZONING~SCHU ELLER: Application of Steve Schueller to rezone property from AG Agricultural District to HI Heavy Industrial District to allow vehicle repair/sales/salvage located at 1700 Block of Radford Road. Steve Schueller, 3462 Dana Drive. reviewed his proposal with the Commission, noting that he is willing to limit the uses allowed in the Heavy Industrial District to enable him to do auto repair with a salvage title. Jim Christiansen stated that he owns adjacent property at 5055 Pennsylvania Avenue. He said he had no problem with the rezoning request, except that he does not want salvage to be permissible at this location. He said that C-3 zoning is more appropriate. Jim Kalb stated that he owns the property at 5075 Pennsylvania. He said he has no problem with an auto business. He said, however, that heavy industrial is toe intense a use for this area, and that C-3 is more appropriate. Walt McFadden stated that he is opposed to any upzoning, and that C-3 is more appropriate. He said that he is concerned with an auto salvage yard at this location. Mr. Schueller stated that he does not want to operate a salvage business, but does utilize used parts, and would like to have a limited salvage license that will enable him to work within an enclosed building. He explained the difference between a body shop and his auto repair business. Staff Member Hemenway reviewed the request, noting the history of the site. He said that there are existing illegal commercial uses on the property not being operated by the applicant. He reviewed Iowa State Law and City Zoning Regulations regarding salvage vehicles. Commissioners discussed possible alternatives to rezoning to Heavy Industrial zoning, including a text amendment and Planned Unit Development. Commissioners recommended that Mr. Schueller resubmit his rezoning application, requesting rezoning to a C-3 District. Motion by Stiles, seconded by Smith, to approve the rezoning from AG to HI. Motion was denied by the following vote: Aye- None: Nay - Bird, Smith, Hardie, Christ, Stiles, Schiltz and Roush. ITEMS FROM COMMISSION: Commissioners discussed petitions thatwere submitted by adjacent property owners at a previous Zoning Commission meeting. ADJOURNMENT: The meeting adjourned at 10:15 p.m. Kyle L. Kdtz, Associate Planner Adopted