Minutes Zoning Advisory 12 1 04
MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
Wednesday, December 1, 2004
6:30 p.m.
Auditorium, Carnegie Stout Library
360 W. 11th Street, Dubuque, Iowa
D
FT
PRESENT: Chairperson Jeff Stiles; Commissioners Eugene Bird, Jr., Martha Christ,
Stephen Hardie, Ron Smith and Ben Roush; Staff Members Kyle Kritz and
Guy Hemenway.
ABSENT:
Commissioner Dick Schiltz.
CALL TO ORDER: The meeting was called to order 6:30 p.m.
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 November 3, 2004 meeting were approved as submitted.
ACTION ITEM\PLAT OF SURVEY: Application of Jeff Flynn for approval of the Plat of
Survey of Lots 1 and 2 of Flynn Addition located east of Schloth Road, Dubuque County.
Jeff Flynn reviewed his proposal to subdivide an existing parcel into two parcels and build a
single-family home.
Staff Member Hemenway reviewed the staff report, noting that the submitted plat has no
frontage along a public right-of-way. He stated that the lot is located just inside the two-
mile fringe. He stated that the property lies outside of the existing and future annexation
areas. He stated that County access standards require that a subdivision be served by a
66-foot wide right-of-way. He stated that the County Board of Supervisors will review the
request in light of County standards. He recommended approval subject to waiving the lot
frontage requirement.
Motion by Hardie, seconded by Christ, to approve the plat of survey of Lots 1 and 2 of
Flynn Addition subject to waiving the lot frontage requirement. The motion was approved
by the following vote: Aye - Smith, Hardie, Christ, Bird, Roush and Stiles; Nay - None.
PUBLIC HEARING\REZONING: Application of Professional Reality Development/Angelus
of Dubuque, LLC to rezone property located at 2700 Matthew John Drive from R-1 Single-
Family Residential District and R-3 Moderate Density Multi-Family Residential District to
PUD Planned Unit Development with a PR Planned Residential District designation.
Paul Korz, representing PRDC, stated that the Zoning Advisory Commission originally
approved a 185-unit planned unit development for their property at the end of Matthew
John Drive. He stated that PRDC would like to expand their planned unit development and
construct 24 additional villa-style units. He said that the rezoned area would be in addition
to the existing 10-acre PUD. He stated that the villas would be professionally-managed,
assisted living rental units.
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December 1, 2004
Page 2
Mark Gudenkauf, 2480 Wheatland Drive, said that he is opposed to any alteration or
modification of the original PUD. He stated that he is not opposed to all development on
this property but feels that development should be consistent with the adjacent single-
family residential property. He stated that a 24-unit villa development would be too dense.
He read the preambles from both the R-1 and R-3 Districts. He stated that he feels that
this zoning change would affect the value of his development property. He discussed the
original lot layout of Harvest View Estates. He stated that the proposed development
would increase traffic. He said that he would like to go on the record as opposed to the
rezoning.
Chris Helle, 2544 Matthew John Drive, said that the original plat indicated single-family
development at this location. He stated that the villas represent more densely developed
property that will create additional traffic and affect residents along Matthew John Drive.
Joan Miller, 2380 Harvest View, said that she was told that the area would remain single-
family.
Mark Elenz, 2505 Wheatland Drive, stated he is curious as to what the development is
going to look like. He asked to see a plan design for the property. He stated that he is
opposed to the rezoning. He stated that the role of the Zoning Advisory Commission is to
protect the property owners' investment. He stated that he does not want R-3 development
next to his property. He asked Staff Member Kritz if PRDC's assisted living facility is being
built according to provisions set forth in the Planned Unit Development. Staff Member Kritz
stated that the development is in substantial compliance with the approved PUD. He
stated that there have been some minor changes to the building footprints. Mr. Elenz
stated that although current traffic levels are acceptable, they will, in all likelihood, increase
with further development.
Mr. Korz stated that the addition of 24-units to this site will only generate two additional
trips per day per unit. He stated that the villas will be populated by age 70+ elderly
residents. He stated that these homeowners are not as active as other residents, and he
said that the intention is to have them age in place and move to the facility next door. He
submitted renderings of two other projects that PRDC has done in the tri-state area. He
stated that the villas be low impact neighbors.
Commissioner Bird asked about the attrition rate of residents. Mr. Korz stated that the
attrition rate is less than 20% annually.
Staff Member Kritz discussed the original PUD preliminary plat that included the entire
subdivision. He stated that although the proposed development would generate
approximately 98 vehicle trips per day, the net gain over the 77 vehicle trips per day
generated by a mix of R-1 and R-3 uses was only 21 vehicle trips per day. He said that
Matthew John Drive is a collector street designed to handle the anticipated traffic. He said
that Matthew John Drive will eventually be connected in a circuitous way to Wynstone
Subdivision and ultimately to John F. Kennedy Road. He stated that once Harvest View
Estates is fully developed, Matthew John Drive will average around 400 vehicle trips per
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December 1, 2004
Page 3
day. He noted that collector streets are designed to handle well over 1,000 vehicle trips
per day. He said that the units represent a low net increase in vehicle trips due to the
travel characteristics of elderly residents.
Commissioner Hardie asked about the existing Sunset Park Place villas. Staff Member
Kritz stated that he believes that approximately 12 out of 20 units approved have been
developed. He stated that the Sunset Park Place villas are side-by-side two and four-unit
residences. He stated that the Harvest View residences will be four-unit single-story villas
with single garages.
Commissioner Roush asked if Matthew John Drive will eventually connect with Wynstone
Subdivision. Staff Member Kritz said it will.
Commissioner Hardie said that the development will be attractive and compatible with the
larger facility. He stated that he has faith in the developer and the property owner;
however, if he was an adjacent property owner, he would be disappointed with the rezoning
of the R-1 property to a denser residential zone.
Commissioner Smith agreed with Commissioner Hardie. He said that the original plan
offered a guarantee of R-1 development adjacent to the single-family property owners and
developers.
Commissioner Stiles asked why PRDC has decided to change the planned unit
development so shortly after its initial rezoning. Mr. Korz said that PRDC wanted to phase
development and because of the successful implementation of the original development,
PRDC feels it is time to move forward with the second phase.
Commissioner Roush agreed that the existing R-3 on the north end of the property is
appropriate but he said he would not want more intense residential development next to a
single-family lot if he was an adjacent property owner.
Commissioner Christ said that she agrees in light of the fact that Lots 10 and 14 have
already been developed for single-family homes.
Commissioner Bird said that he feels the project is appropriate. He said that R-3 is
appropriate directly adjacent to R-1. He stated this represents a logical transition from
single-family to multi-family. He said that he feels the applicant should have spoken with
the neighbors prior to the rezoning request. Commissioner Bird asked if the applicant
would be willing to table the request and meet with the neighbors to address their
concerns. Mr. Korz said that he is amenable to tabling the project and meeting with the
neighbors.
Chairperson Stiles said that the proposal is a good project. He said he feels there will be
less traffic with the senior citizens and that the development will not decrease property
values.
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December 1, 2004
Page 4
Motion by Bird, seconded by Christ, to table the rezoning request at the applicant's
request. The motion was approved by the following vote: Aye - Smith, Hardie, Christ,
Bird, Roush and Stiles; Nay - None.
PUBLIC HEARING\REZONING: Application of Tom Keizer, Eagle Eye RealtylMarty
McNamer, Harvest Development Group to rezone property north of Millstone Drive from R-
1 Single-Family Residential District to R-3 Moderate Density Multi-Family Residential
District.
The rezoning request was unanimously tabled until the January 5, 2005 meeting at the
applicant's request.
PUBLIC HEARING\PUD AMENDMENT: Application of Wayne Briggs/Radford Road Real
Estate LLC to amend the PC Planned Commercial District to include indoor restaurants
and drive-in/carry-out restaurants for property located along Radford Road, North of
Radford Court.
Brian Kane, attorney representing Radford Road Real Estate, LLC, reviewed the proposed
PUD amendment with the Commission. He stated that the proposal is to allow drive-
thru/carry-out and indoor restaurants as a permitted use in the PUD. He discussed the
original PUD rezoning. He reviewed adjacent land use and traffic issues. He asked that
the Commission revisit their original prohibition of restaurants.
Dale Lass, 2945 Kristin Court, stated that he is the new principal at the new middle school
on Radford Road. He stated that he is concerned that, after school, the students may
cross Radford Road and hang out at the proposed restaurant. .
Mr. Kane said he is confident that the new school will afford a safe crossing for the
children, and that the behavior of the children after school is the parent's responsibility, not
a zoning issue.
Staff Member Hemenway reviewed the list of permitted uses and the proposed changes to
the PUD. He reviewed the previous and current conceptual development plans, discussing
the building sizes and number of parking spaces.
Commissioners reviewed the input received by staff and the applicant and discussed
surrounding land use. Commissioners noted that the residential uses adjacent to the
proposed restaurant are R-3 and R-4.
Motion by Hardie, seconded by Smith, for a friendly amendment requîring that the drive-
in/carryout and indoor restaurant uses be confined to the north 1.3-acres of the PUD. The
motion was approved by the following vote: Aye - Smith, Hardie, Christ, Roush and Stiles;
Nay -Bird.
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December 1,2004
Page 5
Motion by Bird, seconded by Smith, to approve the rezoning as amended. The motion was
approved by the following vote: Aye - Smith, Hardie, Roush and Stiles; Nay -Christ and
Bird.
PUBLIC HEARING\PUD AMENDMENT: 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 for property along Chavenelle Road/Middle
Road.
Staff Member Kritz stated that the request is to amend the Dubuque Industrial Center West
Industrial Park to expand the park and extend the proposed PUD rezoning. He stated that
the area in question will be in either Zone D, which allows uses similar to a modified heavy
industrial district or Zone 0, which is restricted to open space. He stated that the existing
Bergfeld Recreation ponds are in Zone O. He said there is a small existing pond on the
property in question will remain and that a hiking trail will be added in the future at the
eastern edge of the property in Zone O. He stated that Zone 0 is approximately 500 feet
wide and will buffer the residential property to the east. He stated that a change in
elevation will buffer the three single-family residences along Middle Road from industrial
development. He stated that the project to extend Chavenelle Road and connect it to
Chavenelle Road east is slated for completion in 2006. Staff Member Kritz noted that the
Master Plan for the Industrial Park indicated that Zone C would be applied north of
Chavanelle Road. The proposed PUD designates the area as a Zone D. He stated that
Zone D allows two more uses than Zone C and has different screening requirements.
Douglas Fritsch, 14238 Middle Road, stated he feels that although industrial parks are a
necessary evil, they do not mix well with residential development. He stated that the
property surrounding him was originally zoned residential and agricultural. He stated that
his neighbor cannot sell her property because of the uncertainty regarding adjacent
rezoning and development. He stated that measures should be adopted to protect the
adjacent residential properties. He said he feels the rezoning would have a negative
impact on the value of his property. He said he is concerned with the industrial park's
access to Middle Road, which will increase heavy truck traffic. He said he is concerned
with the potential smells generated by the industrial park. He said that the City should
reduce the area of rezoning to guarantee a buffer.
Dan McDonald, representing Greater Dubuque Development Corporation, 300 Main Street,
spoke in support of the request. He said that the City needs additional land for industrial
development. He said that many commercial entities need large acreages for their
facilities.
Joe Behnke, 14078 Middle Road, stated that he owns 76 acres of property adjacent to the
proposed rezoning. He stated the buffer strip should be larger and extended around the
south to protect all of his property.
Staff Member Kritz stated that the extension of Chavenelle Drive will relieve some of the
traffic from Middle Road. He stated that the City has no immediate plans to improve
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December 1,2004
Page 6
Middle Road. He said that the open space buffer along Mr. Behnke's western lot line is
500 feet will include a trail and be maintained as open space.
Commissioner Hardie stated that he is in opposition to the proposed rezoning because it
affords no buffer between the single-family residential development along Middle Road and
the industrial development. He stated that the Commission has required other developers
to buffer potentially noxious uses from adjacent residential development. He said the
Commission owes it to the residential property owners to protect them from such
development. He said that he would consider tabling the request with direction to City staff
to return with a new proposal.
Commissioner Christ stated that she is not in favor of industrial development directly next
to residential.
Commissioner Hardie stated that the two additional uses in Zone D, being fuel and ice
dealers and chemical compounding, may cause excessive noises next to the residential
development.
Staff Member Kritz stated he has spoken with Peter Henkels, an adjacent property owner,
and he has raised no objections. Staff Member Kritz discussed the proposed industrial
park's location and its proximity to adjacent property owners. He asked the Commission if
they would consider adding a condition to the PUD, such as increasing setback or buffer
requirements in the area adjacent to the single-family homes on Middle Road.
Mr. Fritsch stated that he is concerned with potential noise and visibility from his property
and that a buffer may not help alleviate those impacts.
Commissioner Smith stated that he is concerned with the proximity of the three houses on
Middle Road to the industrial development. He said he feels traffic would be improved by
the extension of Chavenelle Road.
Motion by Christ, seconded by Bird, to approve the amendment to the Dubuque Industrial
Center West PUD. The motion failed by the following vote: Aye -Roush and Stiles; Nay-
Smith, Hardie, Christ and Bird.
ITEMS FROM COMMISSION: Commissioners discussed the potential for changing the
sequence of input from staff, applicants and audience during public hearings.
Commissioners discussed the rationale for originally structuring the hearings with the staff
input last.
ADJOURNMENT: The meeting adjourned at 8:50 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner
Adopted