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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