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Minutes Zoning Adv Comm 11 3 04MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, November 3, 2004 6:30 p.m. Auditorium, Camegie Stout Library 360 W. 11th Street, Dubuque, Iowa PRESENT: Chairperson Jeff Stiles; Commissioners Ron Smith, Stephen Hardie, Martha Christ, Eugene Bird, Jr., Richard Schiltz 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 October 6, 2004 meeting were unanimously approved as submitted. ACTION ITEM\PLAT OF SURVEy\HISTORIC DUBUQUE REALTORS/K & L PROPERTIES OF IOWA LLC: Application of Don Lochner, Historic Dubuque RealtorslK & L Properties of Iowa LLC for approval of the Plat of Survey of Lot 1 & 2 of Kehrli Place, waiving minimum frontage and square footage, located at 1473 Central Avenue. Don Lochner, 1473 Central Avenue, reviewed his plat of survey with the Commission. He noted that the property is used for a parking lot, and that there are no plans to change the use. Staff Member Hemenway reviewed the plat, noting that the applicant's request is to subdivide an existing surface parking lot into two lots, selling one of the lots. He stated that this creates two substandard lots in both lot area and lot frontage. He stated that staff had requested that the plat include an easement down the center of the parking lot to ensure access to both halves of the parking lot. He recommended that the Commission require that the lots be labeled non-buildable. Commissioners discussed the staff recommendation to label the lots non-buildable. Motion by Hardie, seconded by Christ, to approve the plat of survey of Lot 1 & 2 of Kehrli Place, waiving Section 42-19(b) for lot frontage and lot area, with the condition that Lot 1 and Lot 2 be labeled non-buildable. Motion was approved by the following vote: Aye- Smith, Hardie, Christ, Bird, Schiltz, Roush, and Stiles; Nay - None. Minutes - Zoning Advisory Commission November 3, 2004 Page 2 PUBLIC HEARING\REZONING\FONDELL EXCAVATING INC.: Application of Fondell Excavating Inc. to rezone property from R-2 Two-Family Residential and R-3 Moderate Density Multi-Family Residential District to PUD Planned Unit Development with a PR Planned Residential District. Dave Freiburger, representing Fondell Excavating, discussed the request with the Commission. He stated that existing bulk standards for lot coverage and setbacks limitthe ability to place residences with garages and decks on the lots. He asked the Commission to approve a 10-foot rear yard setback and 55% lot coverage. Sister Catherine Grace, 1341 Cummings Place, said she represents the Sisters of St. Francis. She spoke in opposition to the request, stating that she feels that the proposal will result in too dense a development. She said it will have a negative impact on the value of the St. Francis property because of the density and lack of green space. She said the development would also generate additional storm water runoff. Staff Member Hemenway reviewed the request, noting that the proposed PUD adopts R-2 and R-3 standards, except for rear yard setback and lot coverage. He stated that the proposal will not increase the number of units or traffic in the development. He stated that storm water runoff is directed to a large detention basin at the east side of the subdivision. He stated that a portion of the subdivision is dedicated as park area that provides additional green space. He stated that staff has not received any complaints regarding storm water runoff since the completion of the detention area. Commissioners discussed the proposed changes and reviewed other subdivisions in the community that have been zoned PUD. Commissioners discussed whether these subdivisions have modified bulk standards. Commissioners discussed the impact of the proposal on adjacent properties, affordable housing, density of development and aesthetic impact. Commissioners felt that the proposed changes will have very limited additional impact on the adjacent residential properties, and create more flexibility in development of affordable housing. Motion by Christ, seconded by Smith, to approve the rezoning request as submitted. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Bird, Schiltz, Roush, and Stiles; Nay - None. PUBLIC HEARING\PUD AMENDMENTICITY OF DUBUQUElIIW ENGINEERS & SURVEYORS (REQUEST TO TABLE TO FUTURE DATE): Application of the City of DubuquelllW Engineers & Surveyors (request to table to future date) to amend the Dubuque Industrial Center West PUD Planned Unit Development to expand the size of the industrial center located at Chavenell Road/Middle Road. This item was tabled at the Staffs request. Minutes - Zoning Advisory Commission November 3, 2004 Page 3 PUBLIC HEARING\TEXT AMENDMENTICITY OF DUBUQUE: Application of the City of Dubuque to amend Section 6-1.5 & 6-3.1 to eliminate the need for a super majority vote when the City Council wants to take an action other than that recommended by the Zoning Advisory Commission. Staff Member Kritz explained how the super majority rule functions. He stated that the super majority rule has been in place since the original Zoning Ordinance was adopted in 1934. He stated that out of nine major cities Staff surveyed in Iowa, four require a super majority. He stated that the Zoning Advisory Commission has recommended eight denials out of the last 66 cases reviewed in the past year. He stated that three of those cases were overturned by the City Council. Dave Stuart, 1470 Locust Street, stated that the super rnajority rule has served the City well since its inception. He said that zoning regulations provide a degree of protection to the City's neighborhoods. He urged the Commission to retain the super majority rule. Charles Winterwood, 1555 Montrose Terrace, stated that he is a member of the Long Range Planning Advisory Commission, but does not speak for them. He stated that the super majority rule slows the zoning process and allows time for opposition to develop. He said that without this kind of careful consideration, he fears rapid zoning changes will occur. Dennis Faber, Jr., 2835 Carter Road, submitted a petition for the Commission's review. He discussed the Commission-Council relationship. He stated that elimination of the super majority rule would severely limit the power of the Commission. He stated that review of zoning cases would become merely an exhibition game. He stated that it is important to remember that Commissioners are appointed and not elected; therefore, they are not under political pressure, and represent no single constituency. He stated that Commissioners have the ability to make decisions based on the best interest of the community. He said Commissioner decisions should carry some weight. Ruth Charnau, 2905 Wilderness Road, stated that she feels community development is moving much more rapidly than when the Zoning Ordinance was first adopted in 1934. She stated that the super majority rule helps slow the process, giving Commissioners and Council Members more time to review proposals. She urged the Commissioners not to change the super majority rule. Don Lochner, 1487 Central Avenue, stated that he feels that to eliminate the super majority rule would be dismissive of the Commission's recommendations. He stated he is opposed to the eliminating the super majority rule. Jan Oswald, 1440 Parkway, spoke in opposition to the text amendment. She commended Commissioners for their work. She stated that the Commission has a degree of expertise Minutes - Zoning Advisory Commission November 3, 2004 Page 4 regarding zoning issues. She said that Commissioners have only denied eight cases, but without the super majority rule that number may change dramatically. William Pauly, 1730 Overview Court, stated that the super majority rule provides checks and balances for resolving zoning issues. He urged the Commission to retain the super majority rule. Frank Belcastro, 285 N. Grandview, stated that it is not appropriate to try to remove the Commission's power. He stated the City Council is an elected body that is subject to political pressure. He stated that sometimes the Council yields to this pressure. He stated that the Commission serves as a firewall between the community, developers and the City Council. Barb Bell, 2223 Woodland Drive, #6, stated that she is disappointed with what has happened to the park. She stated she feels the super majority rule is needed to keep the power in the hands of the people. Mary Loney Bichell, 4392 Peru Road, said that the super majority helps promote smart growth and allows the Zoning Commission and community to maintain a small degree of control over land use and development decisions. Susan Kearns, 1323 Bluff Street, said that the super majority rule helps keep control of land use decisions in the hands of the people. She said that she feels that elimination of this rule would promote fast tracking. Carla Heathcote, 2529 Stafford Street, asked the Commission why elimination ofthe super majority is necessary. She said that staff has presented no answers to that question. She asked what the role and responsibilities of the Zoning Commission are. She stated that the City has 29 different boards and commissions that provide valuable advice and recommendations to the City Council. She stated that the Zoning Commission has the luxury of focusing strictly on zoning issues and providing input to the City Council. She stated that the Commission will loose the value in what it does if the super majority rule is eliminated. She stated that she feels loss of the super majority requirement will cut people out of the process. Gwen Kosel, 805 S. Grandview, stated that she agrees with those who have spoken. She urged the Commission not to eliminate the super majority rule. Commissioner Schiltz outlined the Zoning Commission's history. He read from the preamble of the 1934 Zoning Ordinance. He stated that the Ordinance required that Commission members be qualified to make land use decisions. He said that Council members are subject to re-election and have many duties and responsibilities to deal with. He said the Commission can focus exclusively on land use issues. He stated that he opposes any change in the super majority rule. Minutes - Zoning Advisory Commission November 3,2004 Page 5 Commissioner Roush stated that he is open-minded and uses his experience and judgment when rendering land use decisions. He stated that staff failed to indicate the rationale for the amendment, and that no one he has heard this evening has supported the change. He stated that the Zoning Advisory Commission performs an important function and thatthe super majority rule should be retained. Commissioner Hardie asked why the City was asking that the super majority rule be changed. Staff Member Kritz stated that the request was initiated from the City Manager's Office as indicated in the staff report. Commissioner Hardie expressed amazement at the level of community support for the Commission and the super majority rule. He said he is opposed to any change to the rule, and urged Commissioners to deny the amendment. Commissioner Christ stated she agrees with all who spoke and is opposed to any amendment to the super majority rule. Commissioner Bird stated that he feels the Commission has no integrity if it looses the super majority requirement. He said he questions the rationale for such an amendment. Chairperson Stiles stated he is very encouraged by the level of interest in the proposed amendment. He stated that he agrees that the super majority rule provides checks and balances for the developer, community and the Council. He said he is opposed to the amendment. He stated that he feels the City Manager should explain the rationale for the request. He thanked the audience for their support. Motion by Christ, seconded by Smith, to approve the amendment of Section 6-1.5 and 6- 3.1 of the Zoning Ordinance. Motion was denied by the following vote: Aye - None; Nay- Smith, Hardie, Christ, Bird, Schiltz, Roush, and Stiles. ADJOURNMENT: The meeting adjourned at 8:00 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted