Minutes Zoning Adv. Com 10 6 04
MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
Wednesday, October 6, 2004
6:30 p.m.
Auditorium, Carnegie Stout Library
360 W. 11th Street, Dubuque, Iowa
DRAFT
PRESENT: Chairperson Jeff Stiles Commissioners Ron Smith, Stephen Hardie, Martha
Christ and Ben Roush; Staff Members James O'Brien, Kyle Kritz, and Guy
Hemenway.
ABSENT:
Commissioners Eugene Bird and Richard Schiltz.
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 September 1, 2004 meeting were approved unanimously
as submitted.
ACTION ITEM\PRELIMINARY PLAT: Application of Dave SchneiderlKey City Properties
LLC for approval of the Preliminary Plat of Key City Properties Plat No.2 located on North
Cascade Road, in Dubuque County.
The applicant was not present.
Staff Member Hemenway reviewed the plat, noting the number of lots and proposed
streets within the subdivision. He discussed provision of water and sewer facilities. He
stated that the City of Dubuque Engineering Department had reviewed the plat and did not
recommend storm water detention.
Commissioners discussed the request. Commissioner Smith asked if the proposed
roadway will serve the balance of the large lot to the north. Staff Member Hemenway
stated that both roadways will enable the subject parcel and adjacent parcels to be
accessed. Staff Member Hemenway recommended approval stating that the preliminary
plat is in substantial compliance with City of Dubuque Regulations.
Motion by Hardie, seconded by Christ, to approve the preliminary plat of Key City
Properties, Plat No.2 as submitted. Motion carried by the following vote: Aye - Stiles,
Smith, Hardie, Christ and Roush; Nay - None.
ACTION ITEM\FINAL PLAT: Application of Jon Luckstead for approval of the Final Plat of
Lot 6, Lot 7 and Lot C Tamarack S.E. Fourth Subdivision located in Tamarack Business
Park in Dubuque County.
Jon Luckstead, 3642 Echo Hills Drive, Bellevue, said he wants to subdivide his lot to
provide for an additional lot for an area business to build a facility. He stated that his
request is to simply subdivide his existing property.
Minutes - Zoning Advisory Commission
October 6, 2004
Page 2
Staff Member Kritz stated that the lot split is within two miles of the City, and therefore, is
under the purview of City of Dubuque. He stated that the lot split would provide a parcel for
the relocation of Mulgrew Oil Company. He recommended approval ofthe final plat subject
to waiving Article IV, Design and Improvement Standards, except for Section 42-19, Blocks
and Lots.
Commissioners discussed the request, noting that the plat is in substantial compliance with
City regulations.
Motion by Hardie, seconded by Smith, to approve the final plat of Lot 6, Lot 7 and Lot C,
Tamarack Southeast 4th Subdivision in Dubuque County subject to waving Article IV,
Design and Improvement Standards, except for Section 42-19, Blocks and Lots. Motion
carried by the following vote: Aye - Stiles, Smith, Hardie, Christ and Roush; Nay - None.
ACTION ITEM\FINAL PLAT: Application of Hy-Vee Inc. for approval of the Final Plat Hy-
Vee Subdivision located at 400 S. Locust Street.
Wray Childers, IIW Engineering, said he represents Hy-Vee, Inc. He stated that the
request is to subdivide the property into two lots. He said Lot 1 will accommodate the Hy-
Vee gas station/convenience store, and Lot 2 will accommodate the 78,000 square foot Hy-
Vee Supermarket.
Staff Member Kritz stated that the final plat will enable Hy-Vee to construct a gas
station/convenience store on the north end of the property and also to vacate a portion of
Railroad Avenue. He recommended approval stating that the final plat for the Hy-Vee
Subdivision is in substantial compliance with City of Dubuque Regulations.
Commissioners discussed that the plat conforms to City regulations.
Motion by Hardie, seconded by Christ, to approve the final plat of Hy-Vee Subdivision as
submitted. Motion carried by the following vote: Aye - Stiles, Smith, Hardie, Christ and
Roush; Nay - None.
ACTION ITEM\FINAL PLAT: Application of CU Link/Medical Associates Realty for
approval of the Final Plat of Lot C-1, C-2, C-3 Medical Associates Subdivision No.2
located at 1200 Associates Drive.
The applicant was not in attendance.
Staff Member Kritz outlined the property history. He said that two of the lots are medians
for a street on Medical Associates campus. He said that this property is not owned by the
City. He said that Medical Associates is selling Lot C to a credit union consortium. He
stated that the replat of the property will facilitate access but will create three substandard
lots. He stated that Lot C will be dedicated to the City of Dubuque. He said that although
the lots are substandard, they will have little affect on adjacent properties. He stated that
Minutes - Zoning Advisory Commission
October 6, 2004
Page 3
private ownership of one of the lots was necessary to maintain on-premise sign status for
the Medical Associates main entry sign. He recommended approval, subject to waiving the
lot area requirements for Lots C-1 and C-3.
Commissioners discussed the request, noting that Lot C-1 has the freestanding sign on it
and Lot C-2 allows for access through the median.
Motion by Hardie, seconded by Christ, to approve Lots C-1, C-2 and C-3 of Medical
Associates Subdivision No.2, subject to waiving the lot area requirements for Lots C-1 and
C-3. Motion carried by the following vote: Aye - Stiles, Smith, Hardie, Christ and Roush;
Nay - None.
PUBLIC HEARING\REZONING: Application of City of DubuquelllW Engineers &
Surveyors to amend the Dubuque Industrial Center West PUD Planned Unit Development
to expand the size of the industrial center located at Chavenelle Road/Middle Road.
Staff requested that the rezoning be tabled to the November 3rd meeting.
Motion by Hardie, seconded by Smith, to table the rezoning request to the November 3,
2004 Zoning Advisory Commission meeting. Motion carried by the following vote: Aye-
Stiles, Smith, Hardie, Christ and Roush; Nay - None.
PUBLIC HEARING\TEXT AMENDMENT: Application of the City of Dubuque to amend
the Zoning Ordinance regarding Separation of School Property from Adult Entertainment
Uses.
Staff Member Hemenway reviewed the staff report, existing separation requirements and
proposed change. He stated that the intent of the text amendment is to buffer two
downtown schools that lie outside of existing residential districts by providing consistent
separation from adult entertainment uses as afforded to all other schools.
John Burgart, Superintendent of the Dubuque Community School District, stated the
School District became aware of Prescott School's proximity to an adult entertainment
establishment from a concerned parent. He stated that the School District's proposal to
develop a downtown school prompted the request to provide separation from adult
entertainment uses and school property.
Ryan Montague stated that he is the owner of the Adult Warehouse at 975 Jackson Street.
He said that he received notification regarding the City's request to amend the Zoning
Ordinance to provide separation. He stated that he has no plans to expand at the Jackson
Street location and had no additional concerns.
Commissioners discussed the request and felt that it was appropriate.
Minutes - Zoning Advisory Commission
October 6, 2004
Page 4
Motion by Roush, seconded by Christ, to approve text amendment for separation of school
property from adult entertainment uses as submitted. Motion carried by the following vote:
Aye - Stiles, Smith, Hardie, Christ and Roush; Nay - None.
ADJOURNMENT: The meeting adjourned at 7:00 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner
Adopted