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Minutes Zoning Adv Comm 9 1 04 MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, September 1, 2004 6:30 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa O'¡;" j :'j fT PRESENT: Chairperson Jeff Stiles; Commissioners Stephen Hardie, Martha Christ, Dick Schiltz and Ben Roush; Staff Members Guy Hemenway and Kyle Kritz. ABSENT: Commissioners Ron Smith and Eugene Bird, Jr. 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 July 7 and August 5, 2004 meetings were approved unanimously as submitted. ACTION ITEM\SITE PLAN\ASBURY PLAZA SHOPPING CENTER: Application of IIW Engineers & Surveyors for approval of the site plan for a new movie theater in Asbury Plaza Shopping Center. Jim Kaune, IIW Engineering, stated that he has been working with Star Cinemas to develop the site for a multi-plex theater. Staff Member Kritz discussed the site configuration and street extensions, and stated that the site plan is in substantial compliance with the PUD. He recommended approval. Commissioners felt the site plan was compliant. Motion by Hardie, seconded by Christ, to approve the site plan as submitted. Motion carried by the following vote: Aye - Stiles, Hardie, Christ, Schiltz and Roush; Nay - None. PUBLIC HEARING\REZONING\UNIVERSITY OF DUBUQUE: Application of Alan Burr/University of Dubuque to rezone property located at 2018 Grace Street from R-1 Single-Family Residential District to ID Institutional District. Tracey Wagner stated that she represents the University of Dubuque and introduced Alan Burr, also of the University of Dubuque and Tony Zelinskas of WHKS. She discussed a letter that had been distributed to the neighbors outlining the University's proposed projects. She said the property in question is adjacent to an existing parking lot; therefore, it will be an expansion of said lot. She said this expansion will add 21 parking spaces to the existing lot. She stated that one of the adjacent neighbors has written a letter of support. She said the University of Dubuque will install the appropriate lighting and landscaping as per City Standards. Minutes - Zoning Advisory Commission September 1, 2004 Page 2 Staff Member Kritz outlined the staff report. He stated that this represents an expansion of an existing lot and the additional parking will help alleviate some of the demand for on- street parking in this neighborhood. There were no public comments. Two letters of support were received and filed. Commissioners discussed this request and felt it was appropriate. Motion by Christ, seconded by Roush, to approve the rezoning as submitted. Motion carried by the following vote: Aye - Stiles, Hardie, Christ, Schiltz and Roush; Nay - .None PUBLIC HEARING\REZONING\UNIVERSITY OF DUBUQUE: Application of Alan Burr/University of Dubuque to rezone property located at 2184 Bennett Street from R-1 Single-Family Residential District to ID Institutional District. Tracey Wagner, representing the University of Dubuque, stated that the University would like to convert an existing residence into an ROTC classroom building and office. She asked that the Commission consider rezoning the property and incorporating it into the University of Dubuque's ID Institutional District. Staff Member Kritz outlined the staff report, noting that the residential building would be converted into classroom and office space to accommodate the ROTC Program. There were no public comments. Commissioners discussed the request and felt that it had very limited impact on the adjacent residential properties. Motion by Christ, seconded by Roush, to approve the rezoning request as submitted. Motion carried by the following vote: Aye - Stiles, Hardie, Christ, Schiltz and Roush; Nay- None. PUBLIC HEARING: Application of Hy-Vee Inc. to rezone property located at 300-400 S. Locust Street from LI Light Industrial District to C-3 General Commercial District. Randy Downs, representing Hy-Vee Engineering, asked Commissioners to rezone the area bounded by Harrison Street, South Locust Street, and Railroad Avenue to facilitate the development of a 78,000 square foot Hy-Vee Supermarket. Staff Member Kritz stated that Hy-Vee is asking to rezone just the south portion of their property that is zoned Light Industrial. He stated that a street vacation and utility relocation will be necessary for development of this property. He said that the Light Industrial District does not allow supermarkets of Hy-Vee's size. He said that South Locust Street is a minor arterial, which is able to adequately serve traffic generated by this development. He discussed surrounding land use and zoning. Minutes - Zoning Advisory Commission September 1, 2004 Page 3 There were no public comments. Commissioner Hardie said this represents a redevelopment ofthis area and is appropriate. Motion by Roush, seconded by Christ, to approve the rezoning as submitted. Motion carried by the following vote: Aye - Stiles, Hardie, Christ, Schiltz and Roush; Nay - None. PUBLIC HEARING\REZONING\ANDERSON: Application of Rick Anderson/Schaul Carwash Corp. to amend the PUD Planned Unit Development to allow a car wash as a permitted use in Cedar Lake Plaza. Rick Anderson discussed other carwashes that he currently owns and operates within the city. He stated that the proposed carwash will be a mirror image of his Westend Carwash. He said that he is only interested in amending a small portion of the Planned Commercial District (Lot Z). He distributed a plat of the intended lot. He stated the carwash facility would be two-tenths of a mile from the East Dubuque Savings Bank. He said that the lot is sloped, the building will be built below grade, and there will be no water on the street. He said the slope will buffer the noise. He stated that the rear of the building faces a detention basin. He said that access will be taken from Cedar Cross Road. He said that the proposed building is approximately two-tenths of a mile from Dr. Sterrett's clinic. He said that he felt the proposed carwash was a good fit for the area, because currently there are 12,000 vehicle trips per day on Cedar Cross Road and the proposed carwash will generate very little additional traffic. He stated there will be very little business occurring late in the evening. He said he is willing to place the outdoor vacuums on timers. He indicated that he has talked to some of the neighbors in the area, and that the nearest neighbor along Cedar Cross Road is approximately 85 feet from the proposed facility, and that the Turnberry residents are approximately 2,000 feet away. Wayne Norman, Jr., 615 Woodland Ridge, said that he represents Turnberry Association. He said the Association is concerned with the potential for noise, light pollution and traffic safety. He stated the Association also is concerned with the number of curb cuts on this busy curved street. He said that there is currently a bank and doctor's office; however, the neighbors did not anticipate this use. He believes that this represents a spot zoning. Mike Barrash, 3214 Lake Ridge Drive, said that he represents Cedar Lake Subdivision. He said that the neighbors at Cedar Lake are concerned with this proposal. He stated that the Zoning Advisory Commission and the neighbors were concerned with the original rezoning at this location because of its potential to generate traffic adjacent to residential land use. Maggie Coates, 511 Obeche Court, stated that she is concerned with access from the facility onto Cedar Cross Road. She also was concerned with the potential for noise, light spillover and ice generated by the carwash. Pat Sterrett, 3405 Lake Ridge Road, said that they operate a neuroclinic at this location. He stated that they were guaranteed by the developer that all buildings in this development Minutes - Zoning Advisory Commission September 1, 2004 Page 4 would be compatible. He stated that his facility has a sleep clinic and that noise would disturb their patients. He stated that he strongly objects to the proposed rezoning. David Harry, 401 Cedar Cross Road, stated that he has a residence directly adjacent to the facility on Cedar Cross Road. He said that he has concerns with traffic and that there have been 15 car accidents already at his location. Jeff Hansel, owner or the property, stated he represents his father, Richard Hansel. He said that the original planned commercial development was zoned approximately five years ago. He said that the neighbors originally opposed both Dr. Sterrett's clinic and the East Dubuque Savings Bank. He stated that the carwash will follow architectural guidelines and there are existing design criteria for the building. He stated that the proposed carwash abuts industrial property to the south. He stated that because of the railroad in the vicinity and the amount of traffic in the area, noise is already excessive. He said that he feels that the carwash will be an asset to the neighborhood. Judy Graves, 410 Woodland Ridge, said that she feels comfortable with the existing permitted uses because they generate little traffic and lighting problems. She stated she is concerned with potential noise from the carwash. Clark Payne, 470 Woodland Ridge, said that he has submitted a petition with 150 signatures of neighbors in opposition to the proposed development. Rick Anderson said that he operates clean buildings and grounds, that he has attendants on-duty several times a day, and that he is willing to modify the building design to better reflect the architectural character of the development. He said that this area is currently heavily commercialized and that his development will not generate much additional traffic. He said that because of the sloped drive, the water will be trapped on his site and not spill over onto public right-of-way. He said he will use cut-off luminaries for lighting and thatthe building and accessories will generate very little noise. He said that additional development on the interior of the development will buffer and screen the adjacent residential properties. Staff Member Kritz stated that this request is to amend the 1997 PUD by adding a carwash to the list of uses. He said Mr. Anderson has expressed his willingness to condition the amendment regarding the location of the carwash. He stated that access would be taken from Cedar Cross Road. He said that the current ordinance does not restrict access to Cedar Cross Road. He discussed traffic counts in this area and said that the only thing that may alleviate the current volume of traffic would be the development of the Southwest Arterial. He stated that Planning staff has received letters and petitions in opposition to the request. These were received and filed by the Commission. Commissioner Schiltz said that a carwash is too intense a use for this location. He said that this is a nice residential area with the addition of Turnberry Condominiums. Minutes - Zoning Advisory Commission September 1, 2004 Page 5 Commissioner Hardie stated that he feels the applicant's other carwashes have been tastefully done. He stated that Mr. Anderson has expressed a willingness to modify the building design and add screening to help alleviate negative impacts. He stated that there are two or three commercial lots between Turnberry and the proposed carwash which will help buffer them. He said that the City will apply standards regarding cut-off lighting. He stated that the Commission could consider limiting the hours of operation and the proposed access onto Cedar Cross Road. Chairperson Stiles asked the applicant about restricting hours. Mr. Anderson said that he would be willing to restrict the hours and place timers on the facility. He said that to limit access from Lake Ridge Drive would be costly and detrimental to his business. Commissioner Roush said that the building design covenants for the development are not something that the Zoning Advisory Commission can affect. He stated that currently there are 25 permitted uses, including retail sales, indoor restaurants, and grocery stores that can be allowed directly adjacent to the Turnberry residents. He said he is somewhat concerned with the noise that could be generated by the carwash, especially in the evening hours. Chairperson Stiles said that he felt that the proposed use was not much more intense than those already permitted in the district. He said that the noise levels can be mitigated using screening and by limiting hours of operation. Staff Member Kritz stated that the original conceptual plan showed access onto Cedar Cross Road. Commissioners discussed access, lighting, hours of operation, noise and screening for this site. Motion by Christ, seconded by Roush, to approve the proposed rezoning with the following conditions: 1) The carwash be located on the southeast corner of the development; 2) Live screening be placed on the south and west property lines as per City standards; 3) That cut-off lighting be utilized; 4) That hours of operation of be restricted to 6:30 a.m. to 10:00 p.m., and 5) Access be limited to one curb cut on Cedar Cross Road south of Lake Ridge Road. Motion carried by the following vote: Aye - Stiles, Hardie, Christ and Roush; Nay - Schiltz. PUBLIC HEARING\REZONING\STEVE: Application of Marie Steve/Burt Steve & Son Garage Inc. to rezone property located at 3366 Crescent Ridge from R-1 Single-Family Residential District to CS Commercial Service & Wholesale District. Mike Coyle, attorney representing the Steves, discussed the history of the property, the difficulty of accessing the site, and the reasons for requesting the rezoning. He stated that Minutes - Zoning Advisory Commission September 1, 2004 Page 6 the Steves are interested in expanding their business and allowing their operation to continue because it employs seven people. Jack Swenson, 3367 Starlite Drive, stated that he has concerns regarding the rezoning of the upper lots, which are directly adjacent to his residence. Clark Payne, 470 Woodland Ridge, spoke in opposition to the rezoning of the upper portion because of traffic concerns and compatibility issues. Carol Loetscher, 430 Woodland Drive, stated that she opposes the rezoning because of the likelihood that the character of the neighborhood would be affected. She said no changes in this area should be permitted. Gary Schroeder, 3376 Crescent Ridge, said that he lives directly adjacent to the Steve's property and is in support of their rezoning request. Mike Coyle stated that the original zoning to R-1 was a mistake as this property has always operated as a contractor shop. Tom Hamel, 1099 Shady Oaks Drive, said that he owns the business directly adjacent to the Steve's property and that he is in support of their request to rezone. Staff Member Hemenway reviewed the history of the 1979 annexation and rezoning for this property. He reviewed the layout of the business, the topography of the parcels and access to the lots. He stated that the Commission could consider placing conditions on the rezoning or rezoning only a portion of the property. Commissioners discussed the surrounding zoning, access issues and potential conditions on rezoning. Commissioners discussed restricting the rezoning to the existing facility on the north portion of the lot, and leaving the existing R-1 zoning in place on the south half of the lot. Commissioners also discussed screening and access issues. Staff Member Hemenway outlined a site diagram indicating the existing contractor shop facility and the upper portion of the undeveloped lot. Motion by Christ, seconded by Roush, to approve the rezoning with the following conditions: 1. Only the north portion of the lot be rezoned as per Exhibit A. 2. Six-foot screening be provided along that portion of the property adjacent to R-1 Single-Family Residential development. Motion carried by the following vote: Aye - Stiles, Hardie, Christ, Schiltz and Roush; Nay- None. PUBLIC HEARING\REZONING\KUNDE: Application of Roger Kunde/North End Auto Wrecking, Inc. (reconsideration) to rezone property located at 55 W. 32nd Street from AG Minutes - Zoning Advisory Commission September 1, 2004 Page 7 Agricultural District and R-1 Single-Family Residential District to HI Heavy Industrial District. Robert Klauer, attorney representing Roger Kunde, reviewed the history of the site, stating that the property is owned by North End Wrecking, Inc. He discussed the topography and zoning of the surrounding property. He stated that Mr. Kunde began leveling the upper portion of the property and began to store vehicles there prior to the rezoning. He indicated those areas of the property are requested to be rezoned. He stated that although a small portion of the property is visible from some of the adjacent residences, the vast majority of the property is adequately screened and that residences are a substantial distance away. He discussed the proposed screening and landscape plan. He stated that landscaping would be placed on top of a four-foot high berm with the screening fence behind. He discussed drainage improvements made to the site in an effort to reduce run- off onto Olympic Heights Road. Mr. Klauer reiterated the proposed screening and landscape plan. Steve Ulstad, landscape architect for Mr. Kunde, discussed the landscape plan, including the berm, tree species, size and number of trees, and the survivability of the plantings. He stated that the trees along the embankment must be planted as seedlings that can grow into soils and slope. He stated that the landscaping would be best placed in the spring. Mr. Klauer stated that North End Wrecking desires to be a good neighbor, and that Mr. Kunde will live directly adjacent to the facility on Olympic Heights Drive. Mr. Klauer stated that Mr. Kunde's intent is to do this project appropriately and to mitigate any negative impacts by placing a substantial buffer on the property. Mr. Kunde stated that he had originally tried to acquire property on Julien Dubuque Drive, but was unable to place his facility there. He said that when North End became available, he was able to purchase it, and is working to clean up the property, level the top of the hill and build a fence to secure the lot. AI Hughes stated that he is an attorney representing the Olympic Heights neighbors. He reviewed the petition in opposition to the request. He stated that Mr. Kunde was originally informed that his salvage activity could not occur on the area of the property zoned agricultural. He said that vehicles have already encroached into this area. He stated that Mr. Kunde has continued to expand his operation while the rezoning has been under review. Mr. Hughes stated that the neighbors have concerns that the property that Mr. Kunde has purchased on Olympic Heights may be used as a secondary access to the salvage yard. Herman Nauman, 2072 Admiral Street, stated that he owns property directly across Olympic Heights from Mr. Kunde's salvage yard. He stated that he is opposition to the rezoning and that Mr. Kunde has removed trees and placed vehicles into the newly excavated area prior to receiving the rezoning. He stated that the vehicles were never visible before, but now that Mr. Kunde has removed screening, they are visible from his property. He stated that the screening will not be mature for 20 years. Minutes - Zoning Advisory Commission September 1, 2004 Page 8 Jack Brandel, 319 Olympic Heights, stated that before Mr. Kunde expanded his operation, cars were not visible from his neighborhood. He stated that he is very concerned with runoff from the expanded salvage yard onto Olympic Heights Road. Paul Ehrlich, 49 Olympic Heights, stated that during a recent storm, the runoff from the Kunde property was substantial. He said that he feels Mr. Kunde should not be allowed to expand his operation. Hope Burns, 245 Olympic Heights, spoke in opposition stating concerns with water runoff and noise. She said she felt the proposed expansion will negatively impact the value of her property and that Mr. Kunde had recklessly expanded his operation before the rezoning was approved. Richard Koob, 330 Olympic Heights, said that he is opposed to the expansion of the junk yard. He stated that Mr. Kunde feels that he does not have to screen his salvage yard because he now owns the adjacent property. He stated that he is concerned that the proposed landscaping will not survive. He stated that Mr. Kunde has owned the adjacent property for three months, has three stored vehicles and has not mowed the lawn. Mr. Klauer stated that Mr. Kunde has owned the adjacent residential property since the 19th of August. He said that Mr. Kunde is permitted to work on his stock cars, since he lives there. He stated that the proposed berm and landscaping will screen the surrounding property from the salvage yard. He stated that Mr. Kunde has accepted fill to construct the berm, and that this activity is responsible for the noise the neighbors have been experiencing. He stated that after the berm is completed, the construction activity and noise will stop. He stated that runoff issues have plagued this neighborhood well before Mr. Kunde purchased the property. Mr. Klauer reviewed sight visibility from adjacent residential properties and stated that the berm and screening will resolve any visibility issues. He stated that the property values in this neighborhood will not be affected by the proposed expansion. Staff Member Hemenway reviewed the request, including surrounding zoning and land use. He stated that regardless of the status of the rezoning, new screening will be necessary as per City Standards for salvage yards. He reviewed the standards for screening auto salvage yards. The Commissioners reviewed the timeline of public hearings to date. Commissioners stated that the rezoning request enables them to require more aggressive screening and landscaping than would be required by existing City Standards. Commissioners discussed possible conditions for approval of the rezoning. Commissioner Christ stated that Mr. Kunde should have been granting an approved rezoning before proceeding with his expansion. She stated that she is opposed to the rezoning request because of the potential impact on adjacent residential properties. Commissioners stated that while the expansion of the heavy. industrial district is not ideal, the removal of the trees is a reality that will only be remedied with additional live screenings. Minutes - Zoning Advisory Commission September 1,2004 Page 9 Motion by Schiltz, seconded by Roush, to approve the rezoning request with the following conditions: 1) The site be bermed, screened and fenced as per the submitted landscape plan; 2) No new structures be placed on Parcel #10-11-453-002.; and 3) No other natural vegetation be removed without replacement with berm and landscaping. Motion carried by the following vote: Aye - Stiles, Hardie, Schiltz and Roush; Nay - Christ. PUBLICHEARING\TEXT AMENDMENTITSCHIGGFRIE Application of Ed Tschiggfrie, Tschiggfrie Excavating Co. to amend the zoning ordinance to add retail sales and service as a conditional use in the HI Heavy Industrial District. Ed Tschiggfrie reviewed his request with the Commissioners, noting the difficulty in leasing older buildings in a Heavy Industrial District near the downtown. He stated that allowing retail sales as a conditional use in these buildings could help with adaptive re-use of older industrial buildings. He reviewed the previous amendment to allow residential as a conditional use in this district. Staff Member Hemenway reviewed the request, noting that some retail uses are already allowed in heavy industrial districts to serve employees in this area. He discussed the reasons for separating retail and industrial uses. He noted that three conditions have been recommended for a conditional use permit for retail sales and service in the HI District. Commissioners discussed the request and felt that the Zoning Board of Adjustment review and provisions provided for the conditional use were adequate to protect and ensure appropriate retail sales and service development in this district. Motion by Hardie, seconded by Christ, to approve the text amendment as submitted. Motion carried by the following vote: Aye - Stiles, Hardie, Christ, Schiltz and Roush; Nay- None. ITEMS FROM PUBLIC: Jeff Hansel asked for clarification regarding access from his development to Cedar Cross Road. Commissioners recommended he discuss his concerns with the City Council. Herman Nauman and Richard Koob expressed their concerns with the Kunde rezoning. ADJOURNMENT: The meeting adjourned at 10:15 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted ",' '1 '-'] ..