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Minutes Zoning Adv Comm 6 2 04 MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, June 2, 2004 6:30 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa D ff PRESENT: Chairperson Eugene Bird, Jr.; Commissioners Ron Smith, Stephen Hardie, Martha Christ, Jeff Stiles and Dick Schiltz; Staff Members Guy Hemenway and Kyle Kritz. ABSENT: Commissioner Roush. 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 April 7 and May 5, 2004 meeting were approved unanimously as submitted. Chairperson Bird read a letter from Carl McCarthy, representing Moose Lodge No. 355, asking that the Commission table his rezoning request until the July 7,2004 meeting at which time they will be requesting a zoning change to OC Office Commercial instead of C-3 zoning. The motion to table the request was approved unanimously. Chairperson Bird read a letter submitted by staff asking that Angela Koppes Eck's request to rezone the property at 440 Loras Boulevard be tabled. The motion to table the request was approved unanimously. ACTION ITEM\PRELIMINARY PLAT OF FOREST GRANGE SUBDIVISION #3: Application of Buesing & Associates/Jim Gantz, Lime Rock Springs Company for approval of the Preliminary Plat of Forest Grange Subdivision #3 located off Kennedy Road near Rustic Forest Road in Dubuque County. Jim Gantz, 12221 Forest Mound Road, stated that he would like to complete the Forest Grange Subdivision. He stated that the subdivision would have six approximately one-acre lots. He stated that the lots will be served off an extension of the street to a cul-de-sac. He stated the lots will have a common well with private septic systems. He stated that the road will have a 50-foot right-of-way with curb and gutter. Staff Member Kritz said that the original approval for this subdivision was issued in 1990. He stated that the proposed preliminary plat is consistent with the original plat. He recommended approval of the preliminary plat. Commissioners discussed the request. Minutes - Zoning Advisory Commission June 2, 2004 Page 2 Motion by Hardie, seconded by Christ, to approve the preliminary plat of Forest Grange Subdivision No.3 subject to waiving Article IV, except Lots and Blocks. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schiltz and Bird; Nay- None. ACTION ITEM\OBERBROECKLING SUBDIVISION NO.2: Application of John Oberbroeckling for approval of the Final Plat of Oberbroeckling Subdivision No.2 located at 12463 N. Cascade Road. John Oberbroeckling stated that he would like to sell six acres of his subdivision to David Peterson. Staff Member Kritz said that the subdivision is located in the County. He said the applicant is asking to subdivide three acres into three lots. He stated that the subdivision is in substantial compliance with City regulations, and he recommended approval. Commissioners discussed the request. Motion by Stiles, seconded by Hardie, to approve the final plat of Oberbroeckling Subdivision No.2 as submitted. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schiltz and Bird; Nay - None. ACTION ITEM\ PRELIMINARY PLAT PARADISE HILLS 2ND ADDITION: Application of Roger & Lois Schueller for approval of the Preliminary Plat of Paradise Hills 2nd Addition located on Humke Road. Richard Schueller said that he wants to subdivide the last 45 acres of his property into 26 lots. He said the lots would have private wells at the rate of one per five lots, and private septic systems for each lot. He stated that he is asking to waive the pavement thickness standards as set forth by the City Engineering Department. Staff Member Kritz said that the subdivision is located off of Humke Road, and is within two miles of the City limits. He said that the plat is in substantial compliance with the City of Dubuque standards, except for the pavement thickness. He said that the paving and base stone thickness is at issue. The Commission discussed sub-base compaction for roadways. Staff Member Kritz discussed ASHTO paving standards. In response to a question from Commissioner Schiltz, Staff Member Kritz replied that City of Dubuque Engineering Department is now requiring subdivisions within two miles of the City to meet City standards for pavement thickness. Commissioner Schiltz stated that he does not feel it is appropriate to require County Subdivisions to build to City standards. Staff Member Kritz said that the City can ask that developers within the two-mile fringe area provide engineering certification regarding pavement composition. """""'" """"-, Minutes - Zoning Advisory Commission June 2, 2004 Page 3 Commissioner Smith said that he feels confident that the neighborhood association will undertake maintenance of the street. Commissioners discussed waiving the City paving standard. Motion by Schiltz, seconded by Stiles, to approve the preliminary plat of Paradise Hills 2nd Addition. waiving the City Paving Standard. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schiltz and Bird; Nay - None. ACTION ITEM\SITE PLAN\HUDSON'S GRILL: Application of Marty Johnson for approval of the site plan for Hudson's Classic Grill in Asbury Plaza, north of Culver's Restaurant. Ron Jacobsmeier stated that he represents Straka Johnson Architects and Asbury Plaza. He said that the site is located just north of Culver's, and that he is willing to answer any questions the Commissioners may have. Staff Member Kritz stated that this is a new 5,000 square foot, 220 seat Hudson's Classic Grill. He said that the Planned Unit Development requires that the Commission review all site plans. He said that the restaurant will have no direct access onto the Northwest Arterial, and that the site plan is in substantial compliance with all City standards. Commissioners discussed the site plan. Motion by Hardie, seconded by Christ, to approve the site plan for Hudson's Classic Grill as submitted. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schiltz and Bird; Nay - None. PUBLIC HEARINGIDESIGNATING ICE HARBOR DRIVE/PORT OF DUBUQUE: Staff Member Kritz said that as part of the ongoing renovation of the Port of Dubuque area, a new road has been created. He said that the City is asking that the road be named Ice Harbor Drive. Commissioner Hardie asked if the road was merely an extension of 1st Street. Staff Member Kritz said that the street extends off of a cul-de-sac, but could be construed as an extension of 1st Street. He said that Police and E-911 had reviewed and approved the road name. Motion by Christ, seconded by Smith, to approve the designation of Ice Harbor Drive. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schiltz and Bird; Nay - None. PUBLIC HEARING\REZONING\NORTH END WRECKING (TABLED): Application of Ro~er Kunde/North End Auto Wrecking, Inc. (tabled) to rezone property located at 55 W. 32n Street from AG Agricultural District and R-1 Single-Family Residential District to HI Heavy Industrial District. Minutes - Zoning Advisory Commission June 2, 2004 Page 4 Bob Klauer, attorney representing Roger Kunde, reviewed the proposal to screen the expansion of the auto salvage yard. Mr. Klauer stated that there had been very few erosion problems associated with the recent heavy rains. He reviewed the areas requested to be rezoned. Calvin Gatch, Forester for Cascade Forestry Company, reviewed the screening plan noting that red cedar would be transplanted along the berm. He indicated that the tree species is very hardy, and can tolerate the soil in the selected area. He said that the trees would be planted approximately 10 feet apart, and at a height of 10-15 feet. He said that smaller trees would be planted in between at a height of two to three feet. He stated that the steeper slopes would be planted with black locust trees to provide further screening. Mr. Klauer indicated that the hillside in years past was not as wooded as it is now. Commissioners reviewed the submitted landscaping scheme, noting that it was not submitted until the meeting. Some Commissioners felt that adequate time for review ofthe landscape plan had not been allotted. Commissioner Hardie stated that he feels that the proposed plan would provide adequate screening now and in the future. Commissioner Stiles asked if it would be possible to table the request until the neighbors and City staff have had adequate time to review the plan. Commissioners felt that additional time for review was not necessary. Commissioner Stiles stated that his vote for the request would be favorable if adequate time was provided for staff and neighbors to review the plan. Motion by Stiles to table the request. Motion failed for lack of a second. Motion by Hardie, seconded by Bird, to approve the rezoning subject to the submitted landscape plan. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles and Bird; Nay - None; Abstain - Schiltz. Motion by Hardie, seconded by Bird, to approve the rezoning request as amended. Motion failed by the following vote: Aye - Smith, Hardie and Bird; Nay - Christ and Stiles; Abstain - Schiltz. (Motion failed by lack of four affirmative votes.) PUBLIC HEARING\REZONING\UNIVERSITY OF DUBUQUE (RECONSIDERATION): Application of the University of Dubuque/Alan Burr (reconsideration) to amend the University of Dubuque ID Institutional District to allow for extension of University Park Drive located West of Collins Street. Motion to bring the rezoning back to the table was approved unanimously. Tracey Wagner, representing the University of Dubuque, introduced Alan Burr, Tammy Walsh and Tony Zelinskas. She stated that a letter had been sent out to the neighbors regarding the proposed changes to the realigned University Park Drive. She said the University had undertaken a planning process and created a campus master plan. She -."._...,.----~-,_w . , --" .." ..- Minutes - Zoning Advisory Commission June 2, 2004 Page 5 stated that the proposed University Park Drive would connect the south and north campuses and serve as a gateway to the University. She said that other alignments were considered, but were rejected because of technical considerations. She said the other alignment would actually generate more traffic. She said letters were sent to over 200 neighbors regarding the changes on campus. She said it is the University's intention to move the driveway 12 feet to the north, provide additional screening, extend the hedge one additionallQt to the north than shown on the plan, manage storm water, and create security gates. Tammy Walsh, Dean of Students for the University of Dubuque, said that the University wants to create a safe, park-like environment for students and neighbors alike. She said that gates at the north and south entries to the roadway would make access exclusive to University ParkVillage students from 12:00 - 6:00a.m. She said that shuttle service would be provided to University Park Village to enable students to traverse the campus without having to move their vehicles from the residential parking lot. Tracey Wagner stated that the roadway would be a two-lane 25-foot wide asphalt street, with antique street lighting, maple trees and landscaping. She stated that this street would be posted "Private." . Commissioner Hardie inquired about the proposed shuttle service. Ms. Wagner stated that students of the University Park Village will be required to keep their cars at the village during the day and will be provided shuttle service during that time. She said that there would be no shuttle service or requirement that students keep their vehicles at the village after hours. Gilbert Crippes, 2180 Hale Street, said that his property wiH be directly affected by the proposed drive. He said that there is a 90-degree turn just before his property. He said the only significant change the University has made is moving the roadway 12 feet to the north. He discussed traffic circulation along Algona Street, Dodge Street, Devon Drive and Mineral Streets. He said that there is existing emergency access to the area. He said he is concerned with large shuttle buses plying the roadway. He said that the drive may turn into a speedway. He said that the University currently does not maintain its buildings. He distributed pictures of a school bus with kids catching baseballs next to his property. He stated that the people catching baseballs will have to stay in the street now. He said that the University should compel the students to walk from the village to classes. Gary Norby stated that he is the attorney with Kane, Norby and Reddick, representing Mr. Crippes and Elizabeth Platt. He said that Ms. Platt is concerned with the location of the security gate and associated noise directly adjacent to her bedroom window. He said he would like to see the security gate moved farther to the north. He said that since the University's drive is not a public street, it wiU not be subject to City regulations or oversight. He stated it will be hard to control the speed, noise and light on this drive. He asked how far apart trees would be spaced and whether or not they will be an effective screen and noise buffer. He stated it appears that the University wants the drive, not for transportation Minutes - Zoning Advisory Commission June 2, 2004 Page 6 reasons, but for aesthetic reasons. He said this is no compelling reason to approve the proposal. David Moore, 2535 University Park Village, stated that he is a student at the University of Dubuque. He said that he likes the University. He said that the road will allow him to walk, bike or shuttle'back and forth to classes without having to drive onto Highway 20. Kathleen Hahn, 1959 McCormick Street, said that she has placed a parking pad in her yard. She said that the students consume available on-street parking spaces. She said she feels that it is impractical for the University of Dubuque to keep University Park Village students off the streets during the daytime. She said security along the road would be a problem. She stated that the road will still connect U.S. Highway 20/Dodge Street with Bennett Street and create a cut-thru. She raised traffic and parking concerns. Peter Smith, 755 Sunset Ridge, stated that he is an employee of the University of Dubuque. He said the University has changed much of its physical layout recently. He said that the enrollment has grown significantly. He said that the University would like to create a gateway to the campus from the Dodge Street area. He said that easy access to this portion of the campus is necessary. He said the proposed drive will create a handsome entrance and it is necessary to enhance the image of the University of Dubuque. Rick Dickinson, Greater Dubuque Development Corporation, urged Commissioners to support the project. He said that higher education may be the No.1 source of employment in the area. He said that the University is now visible from Highway 20. Tom Thill, 2170 Hale Street, said he is concerned with the 90-degree turn on the proposed roadway. He said that the lights will shine upon his rear deck. He said that, in his area, there is no screening and that sound, light and noise may be a problem. He said that security gates tend to get broken, and are not effective. Elizabeth Platt said that she works at the University of Dubuque. She said that traffic along this roadway will be dangerous to the children in the University apartments. John Rodham, 2153 Hale Street, said that he has concerns with traffic. He recommended that students walk instead of drive on campus. Phil Rupel stated that he is on the Board of Trustees for the University of Dubuque. He said that the property was formerly zoned commercial and that the residential use should generate less activity. He said that the University of Dubuque is an economic engine in the community. Barbara Keehner, 12 Collins Street, said she has concerns with litter and traffic. She said that there is currently no access from Seminary Village to the proposed roadway. ,'- Minutes - Zoning Advisory Commission June 2, 2004 Page 7 Tracey Wagner said it is important to create a balance between needs of the community, the University and the neighbors. She stated that the University has expanded security in response to concerns. She said that parking and driving will be strictly monitored and students that violate will be ticketed and towed. She said that student parking could be monitored through the sticker program. She stated that the turn that has been deemed 90 degrees is much less severe. She said that screening could be added as appropriate. Staff Member Kritz stated that he had no additional information. Commissioner Smith asked how close the arborvitae plants were to be built. Alan Burr stated that the plants would be six feet on center. He also stated that the property at the end of Mr. Crippes' lot was too narrow to place additional screening. Commissioner Hardie asked if the arborvitae could be planted on Mr. Crippes' property. Mr. Burr stated that with a construction easement it may be possible. Commissioner Schiltz said he feels that the security gates could be a problem. He said that the roadway would be busy with buses, sport spectators and students. He said that student behavior has been a perennial problem. Commissioner Smith said that he will support the proposed roadway because of the efforts made by the University to address the concerns of the neighbors. He said these efforts include the addition of a shuttle, security gates, screening, and the relocation of the roadway. Commissioner Christ stated that she is a neighbor of the University and that they have been good to work with. She stated that she still had some concerns with thru-traffic on the drive. She said, however, the University of Dubuque has taken measures to reduce the impact of the traffic on the adjacent properties, and she stated she would be in favor of the request. Commissioner Hardie stated that he understands the concems of the neighbors, but he thinks that the University of Dubuque has created a workable plan that addresses these concerns. He said that he is encouraged by the recent development that the University has undertaken. He stated that he feels the drive may create a beautiful entryway to the University that is sensitive to the environment. Commissioner Stiles stated that the topography in the city is always a challenge, and that compromise is needed to be able to make projects workable. He said that he has always been opposed to creating a thru street. He said that, however, the safeguards put in place, such as landscaping, right-in/right-out on Highway 20, will help limit impacts and control traffic. Chairperson Bird said that, after a site visit and speaking with an engineer, he felt that the alternative route proposed by the neighbors would not be favorable. He stated that the Minutes - Zoning Advisory Commission June 2, 2004 Page 8 University has moved the road 12 feet away from the neighboring properties, added screening and addressed storm water conveyance issues. Motion by Stiles, seconded by Christ, to approve the extension of University Park Drive as amended. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles and Bird; Nay - Schiltz. PUBLIC HEARING\REZONING\CATE: Application of Paul Cate to rezone property located at the southeast corner of Old Highway Road & Cousins Road from AG Agricultural District to R-1 Single-Family Residential District. Paul Cate, 14180 Old Highway Road, stated that he wants to rezone his property from AG to R-1 so that his daughter can build a home at this location. Staff Member Kritz said that the property was annexed as part of the 2,000-acre west side annexation undertaken in 2001. He said that the proposed rezoning is consistent with the Comprehensive Plan, and discussed surrounding land use and zoning. Commissioners discussed the request. Motion by Smith, seconded by Christ, to approve the rezoning as submitted. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schiltz and Bird; Nay- None. PUBLIC HEARING\REZONING\JOHN HERRIG/MOOSE LODGE #355/JAMES CHRISTENSEN: Application of John Herrig/Moose Lodge #355/James Christensen to rezone property located at 2635 Windsor Avenue from C-1 Neighborhood Commercial District to C-3 General Commercial District. The Commission voted to table the request to rezone to the July 7,2004 meeting, at the applicant's request. PUBLIC HEARING\REZONING\BUESING & ASSOCIATES/PAUL FAHEY. RIVERDREAM PROPERTIES: Application of Buesing & Associates/Paul Fahey, Riverdream Properties to rezone property located at 4039 Pennsylvania Avenue from R-3 Moderate Density Multi-Family Residential and C-2 Neighborhood Shopping Center District to C-3 General Commercial District. Ken Buesing, 1212 Locust Street, distributed a packet of information to the Commission. He stated that Mr. Fahey would like to rezone this property to C-3 to allow for a drive-thru. He said that meetings have been held with the neighbors and that they have expressed support for the project. He said that the request is in essence for just C-2 uses with a drive-thru as a permitted use. Minutes - Zoning Advisory Commission June 2, 2004 Page 9 Chairperson Bird entered into record letters of support and opposition regarding the project. Gary Miller stated that he represents Joan Miller, 4099 Pennsylvania Avenue. He stated that Ms. Miller has concerns with the vacant lot across the street being developed for commercial purposes. He stated commercial development could have a negative impact on the property value. He said that the property owners in the Embassy West neighborhood should be concerned with this proposal. Ken Buesing said that after the initial commercial rezoning in this area, the adjacent lots have appreciated in value. He said that there is C-3 property on the west side of the Miller's property. Chairperson Bird asked if there would be additional screening placed behind the commercial development. Mr. Buesing said he would work with neighbors to develop screening that was acceptable to all. Staff Member Kritz outlined the staff report. He said that the current C-2 zoning allows a drive-thru as a conditional use. He said that six-foot high screening fence would be ineffective because of the topography at this location. He said the Commission has the ability to do a conditional rezoning limiting the uses permitted in a C-3 District. Commissioner Hardie said that he does not support either a C-3 or a C-3 with conditions at this location. He said that drive-thru's are permitted as a conditional use, and that the Zoning Board of Adjustment may be the appropriate body to hear this request. He said that he did not object to C-2 on the vacant residentially zoned property. Commissioner Stiles said that he agreed with Commissioner Hardie, and that he is prepared to support C-2 rezoning. Commissioners Smith, Christ and Schiltz said they agreed with the C-2 zoning at this location. Chairperson Bird asked if the applicant's request could be amended to reflect the C-2 zoning versus the C-3 zoning. Staff Member Kritz discussed the process. Motion by Smith, seconded by Christ, to amend the proposed rezoning request from C-3 General Commercial District to C-2 Neighborhood Shopping Center District. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schiltz and Bird; Nay- None. Motion by Smith, seconded by Christ, to approve the C-2 zoning as amended. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schiltz and Bird; Nay- None. Minutes - Zoning Advisory Commission June 2, 2004 Page 10 PUBLIC HEARING\REZONING\ECK: Application of Angela Koppes Eck to rezone property located at 440 Loras Boulevard from R-4 Multi-Family Residential District to OR Office Residential District. The request was tabled at staff's request. ITEMS FROM PUBLIC: None. ITEMS FROM COMMISSION: Commissioner Hardie asked if staff would explore a draft amendment regarding a drive-thru restaurant as a permitted use in a C-2 District. ITEMS FROM STAFF: None. ADJOURNMENT: The meeting adjourned at 9:20 p.m. Kyle L. Kritz, Associate Planner Adopted ,~, C i:Þ ~' õ -"