Minutes Zoning Adv. Co. 2 2 05
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MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
Wednesday, February 2, 2005
6:30 p.m.
Auditorium, Carnegie Stout Library
360 W. 11th Street, Dubuque, Iowa
PRESENT: Chairperson Jeff Stiles; Commissioners Ron Smith, Stephen Hardie, Eugene
Bird, Jr., Dick Schiltz and Ben Roush; Staff Members Kyle Kritz and Wally
Wernimont.
ABSENT: Commissioner Martha Christ.
AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying that
the meeting was being held in compliance with the Iowa Open Meetings Law.
CALL TO ORDER: The meeting was called at 6:31 p.m. by Chairperson Stiles.
MINUTES: Motion by Smith, seconded by Bird to approve the minutes of the December 1,
2004 meeting as submitted. Motion was approved by the following vote: Aye - Smith,
Hardie, Bird, Schiltz, Roush and Stiles; Nay - None.
ACTION ITEM\YIANNIAS PLACE: Application of Nick Yiannias for approval of the Plat of
Survey of Lot 1 of Lot 2 of 2 ofYiannias Place No. 3 located along John F. Kennedy Road.
Nick Yiannias was not in attendance. Chairperson Stiles decided to hear both plats of
survey at the same time.
Staff Member Kritz presented the staff report. He noted the location of the lot along John
F. Kennedy Road. He indicated that the Commission is reviewing the plat because the
proposed lot will have no street frontage and will be substandard. He also noted that the
second plat will dedicate a portion of John F. Kennedy Road to the City. He noted that
currently a portion of John F. Kennedy Road is part of a lot that is not dedicated as public
right-of-way.
Motion by Bird, seconded by Roush to approve the plat of survey of Lot 1 of 2 and Lot 2 of
2 of Yiannias Place No.3 as submitted. Motion was approved by the following vote: Aye-
Smith, Hardie, Bird, Schiltz, Roush and Stiles; Nay - None.
ACTION ITEM\YUAN PLACE: Application of Nick Yiannias for approval of the Plat of
Survey of Lot 1 and Lot 2 of Yuan Place located along John F. Kennedy Road.
Staff Member Kritz noted that this plat of survey will dedicate a portion of John F. Kennedy
Road to the City for public right-of-way.
Minutes - Zoning Advisory Commission
February 2, 2005
Page 2
Motion by Bird, seconded by Roush to approve the plat of survey of Lot 1 and Lot A of
Yuan Place as submitted. Motion was approved by the following vote: Aye - Smith,
Hardie, Bird, Schiltz, Roush and Stiles; Nay - None.
ACTION ITEM\LOT SPLIT/JAEGER: Application of Jeffrey Jaeger to split a substandard
lot, located at 1960-1998 White Street, creating two substandard lots, in C-4 and R-3
zoning districts.
Jeffrey Jaeger, 2725 Oak Crest Drive, presented his application to the Commission. He
noted that he has an existing car lot located on the corner of 11th and White Street. He
indicated that the school district is proposing to build a new school and that they may take
his lot for additional off-street parking. He indicated that he is proposing to rezone and split
the lots located on the corner of White and 20th Streets in order to move his used car lot to
this location.
Staff Member Kritz presented the staff report. He noted that the plat will create a
substandard lot and allow space for a used car lot. He noted that structures will be
demolished and removed and that the second lot will be downsized in order to
accommodate a maintenance building.
Commissioner Schiltz noted that in the staff report, parking and recreational space will be
removed from the site with the substandard lot split.
Staff Member Kritz noted that the applicant is in the process of applying for a parking
variance from the Zoning Board of Adjustment. He also noted the Zoning Regulations for a
multi-family property located in an R-3 zoning district.
Commissioner Bird asked if the rezoning case could be heard before a vote on the plat.
The Commission decided to table the plat and hear the rezoning request first.
Motion by Bird, seconded by Hardie, to table the application. Motion was approved by the
following vote: Aye - Smith, Hardie, Bird, Schiltz, Roush and Stiles; Nay - None.
PUBLIC HEARING/REZONING/JAEGER: Application of Jeffrey Jaeger to rezone the
property at 1960 White Street from R-3 Moderate Density Multi-Family Residential to C-4
Downtown Commercial.
Chairperson Stiles discussed the process for the public hearing.
Jeffrey Jaeger presented his application. He noted that he wants the property to be
rezoned so he can move his used car lot to this location if the school district buys his
property. Mr. Jaeger noted that 1960 White Street is a duplex, and 1998 White Street is
also a duplex. He noted that the lot at 1960 White Street will be split, and an office and
repair shop will be placed on the back half of the lot. He noted that the structure at 1998
Minutes - Zoning Advisory Commission
February 2, 2005
Page 3
White Street will be removed for the display lot and that a 30' by 38' building will be located
on the newly subdivided lot. Mr. Jaeger noted that he is preparing to be bought out by the
school district for his existing business, even though there is no firm offer on the table.
Heyo Tjarks stated he represents St. Paul's Church located on the corner of 20th and
Jackson Streets. He spoke in opposition due to parking concems in the neighborhood. He
noted that employees in the area use up much of the parking on the street, and that the
church's parking lot is constantly being used for a lack of parking in the neighborhood.
Mr. Jaeger disputed the remarks with regard to parking in the area. He noted that he has
not been approached by the church in the past regarding his tenants parking in their lot.
Staff Member Kritz presented the staff report. He noted the location of the rezoning and
indicated this will be an expansion of an existing C-4 district. He recommended the
Commission review the criteria for granting a rezoning.
Chairperson Stiles discussed how parking is calculated in the neighborhood and what
guarantees there would be parking on his lot for customer and display vehicles, if
approved.
Staff Member Kritz noted this is an enforcement issue, and that the City would review a site
plan that designates parking for customers and display vehicles.
Commissioner Hardie noted that the applicant would also need to obtain a conditional use
permit from the Zoning Board of Adjustment. Staff Member Wernimont discussed the
Zoning Board of Adjustment's review of the conditional use permit. He noted that the
Zoning Board of Adjustment approved the conditional use permit for the used car lot;
however, they denied the request for a parking variance and a special exception for the
setbacks. He drew a rendering of the site and explained the requests that the applicant is
proposing. He noted the Zoning Board of Adjustment had concerns with off-street parking
and the close proximity of the commercial building to adjacent residences.
Commissioner Hardie noted that he does not feel comfortable in approving the rezoning for
this area. Commissioner Roush noted that he does not feel comfortable approving the
rezoning for the additional permitted uses located in a C-4 District. Commissioner Bird
noted that he did not feel that the rezoning of the land to C-4 is appropriate at this location.
Motion by Bird, seconded by Smith, to approve the rezoning of 1960 White Street from R-
3 Moderate Density Multi-Family Residential District to C-4 Downtown Commercial District.
Motion was denied by the following vote: Aye - None; Nay - Smith, Hardie, Bird, Schiltz,
Roush and Stiles.
Motion by Bird, seconded by Hardie, to bring the request to create a substandard lot split
creating two substandard lots located at 1960 & 1998 White Street back to the table.
Minutes - Zoning Advisory Commission
February 2, 2005
Page 4
Motion was approved by the following vote: Aye - Smith, Hardie, Bird, Schiltz, Roush and
Stiles; Nay - None.
Motion by Bird, seconded by Smith, to approve a substandard lot split creating two
substandard lots located at 1960 & 1998 White Street. Motion was denied by the following
vote: Aye - None; Nay - Smith, Hardie, Bird, Schiltz, Roush and Stiles.
PUBLIC HEARING\REZONING\TSCHIGGFRIE: Application of Rod TschiggfriefT-Corp to
rezone property located on Tanzanite Drive from R-1 Single-Family Residential District to
R-4 Multi-Family Residential District.
Rod Tschiggfrie presented his application to the Commission. He submitted maps of the
site and noted that he has developed two possible designs for development of the lot. He
indicated the one design shows two 12-plexes with the required off-street parking. He
noted the location of the existing mobile home park and proximity to Kennedy Court. He
noted that screening of R-1 with multi-family residential from the planned unit development
is an appropriate transition. He noted that a berm will be constructed along the lot lines in
order to address storm water runoff and to direct it away from the single-family residential
development. He noted that storm water will be directed to the street. He went on to
explain that the nearest single-family home will be located 180 feet away. He presented an
alternative plan for site development. He noted that the plan shows five four-plexes with
the closest distance to a single-family home of 149 feet. He explained that he owns a
home in the immediate area.
Commissioner Hardie questioned if the neighbors are aware of the two design proposals.
Mr. Tschiggfrie noted that the neighbors may not be aware of the conceptual plans
presented to the Commission tonight, and they are only scenarios. Commissioner Smith
asked how the area will be developed. Mr. Tschiggfrie noted that he is asking for the
property to be rezoned and that he would sell the property to a developer and that he
would not be directly involved in the development.
Paula Eisenhuth, 665 Kennedy Court spoke in opposition to the request. Mrs. Eisenhuth
presented a rendering to the Commission that showed the before and after images of the
site if a 12-plexwas to be built. She also distributed legal documents to the Commission.
Scott Eisenhuth spoke in opposition to the request. He said that he felt the rezoning was
to be slid through over the holidays. He distributed a document showing the assessed
property values in the immediate vicinity, noting that two appraisers and real estate agents
determined that the property values will be diminished if the 12-plexes were to be built.
Commissioner Schiltz asked who the appraisers were. Mr. Eisenhuth noted that one was
Jane O'Neill of Coldwell Bankers and the second was Bea Bisenius.
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February 2, 2005
Page 5
Dennis Rath, 679 Kennedy Court, spoke in opposition to the request. He noted that he
once owned the property in question. He indicated that he sold the lot to Tschiggfrie
because of the damages he inflicted on his lot with the removal of trees.
Dennis Fry, 645 Sapphire Circle, spoke in opposition to the request. He noted he had
concerns with density, noise, traffic and diminished property values. He presented a plat of
the site to the Commission and a signed petition of people opposed to the request.
Rich Heiderscheit, 668 Kennedy Court, spoke in opposition and presented photos of the
site to the Commission. He said he had concerns with storm water runoff
John Riedl, 4220 Tanzanite Court, spoke in opposition. He noted he had concerns with
drainage and property values.
Jannan Wolf, 654 Kennedy Court, spoke in opposition to the request. She noted she had
concerns with storm water runoff.
Charles Scott, 737 Kennedy Court, spoke in opposition to the request. He said he was not
notified of the rezoning.
Dan Chapman, 4205 Tanzanite Court, spoke in opposition to the request. He said he had
concerns with traffic.
Everett Jones, 771 Kennedy Court, spoke in opposition to the request. He noted he had
concerns with storm water runoff.
Don Klein, 17147 Cinnamon, spoke in opposition to the request. He noted he had
concerns with traffic.
Rich Johnson, 615 Sapphire Circle, spoke in opposition to the request. He noted he
purchased his lot with the intent that the area would remain single-family residential. He
noted he had concerns with traffic, parking and property values.
Mr. Tschiggfrie rebutted the comments. He noted his father did not own the Rath's
property when he was developing the site. He demonstrated that the two 12-plexes or the
five four-plexes is the maximum that could be built at this site. He noted that the proposed
private drive is located at the crest of the hill in order to help with site visibility at the
intersection. He noted that currently the mobile home park has space for approximately
400 units, and only 99 lots are being leased at this time. He noted that if the lot was to
remain residential, that only two houses could be built on this site.
Staff Member Kritz presented the staff report. He noted that the Planning Services
Department has an application deadline to receive rezoning applications. He indicated that
about 95% of the applications are submitted on the deadline date. He noted that property
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February 2, 2005
Page 6
owners are notified within 200 feet of the rezoning boundaries. He noted the existing
residence and the type of use and the relationship to the site. He noted that the storm
water would be directed toward the street in order to prevent storm water runoff onto
adjacent residential properties. He discussed the site visibility along Tanzanite and that
Engineering reviews this issue as part of any site plan review.
Commissioner Roush noted that the staff report indicates that the land use plan for this
area indicates single-family. Staff Member Kritz noted that a maximum of 36 units could be
placed on this lot. Commissioner Roush noted that he would not vote in favor of the
proposal due to the potential reduction in property values for the single-family homes.
Commissioner Smith agreed with Commissioner Roush and noted that he has no problem
with the duplexes family in the area; however, he felt two 12-plexes will have a negative
impact.
Commissioner Bird questioned if the lot is developable as a single-family residence, due to
the cost and the proximity to the mobile home park. He noted that multi-family is more of a
buffer from a mobile home park than R-1. He noted that he is not in favor of the two 12-
plexes; however, he is open to the four-plex design.
Chairperson Stiles noted that he does not object to the multi-family but to the increased
density of the two 12-plexes. He noted he has no problem with duplexes.
Commissioner Hardie noted that Kennedy Court is located below the site and property
owners have a right to develop their land. He noted that multi-family is appropriate at this
site but would like to have more control over the type of housing and the possibility of the
use of a planned unit development.
Commissioner Schiltz noted that he has no problem with the density of the site and the
land area limits the number of units.
Commissioner Bird said a more detailed plan would be beneficial when a developer is
ready to develop instead of rezoning to a blanket R-4 with no set plan.
Commissioner Hardie noted that he has no problem with multi-family. He indicated that he
has a problem with two 12-plexes, but is okay with the four-plex layout.
Mr. Tschiggfrie noted that he has no objection to having the site developed with the five
four-plex plan. He noted that people are not interested in single-family residential at this
site because of the close proximity to the mobile. home park.
The Commission discussed the options with the applicant, and noted that they would like
him to table the application and come back to the Commission with a Planned Unit
Development.
Minutes - Zoning Advisory Commission
February 2, 2005
Page 7
Motion by Bird, seconded by Smith, to table at the applicant's request and return with a
Planned Unit Development. Motion was approved by the following vote: Aye - Smith,
Hardie, Bird, Schiltz, Roush and Stiles; Nay - None.
PUBLIC HEARING\REZONING\NAUMAN/ROUSSEL: Application of Chuck
Nauman/Maxine Roussel to rezone property located at 4616 Asbury Road from AG
Agricultural District to C-3 General Commercial District.
Chuck Nauman, 800 Kane Street, presented his application. He noted that the existing site
is surrounded by C-3 General Commercial.
Staff Member Kritz presented the staff report. He noted that the property is currently zoned
AG and that the adjacent property is currently surrounded by C-3 on three sides and
across the street from planned unit development. He noted that the comprehensive plan
shows it as a mixture of commercial and residential. He explained that the current access
to the site is on Asbury Road.
Commissioner Bird stated he had concerns with the access to Asbury Road and increased
traffic. He noted that he is in opposition to the rezoning request due to access issues.
Commissioner Hardie noted that he was not in favor of the C-3 General Commercial
rezoning on the corner of Asbury and Northwest Arterial. He noted that the property is
surrounded by C-3, and that he is reluctantly in favor of rezoning it from AG to C-3.
Chairperson Stiles noted that he is in favor of the C-3 rezoning because of the adjacency
to C-3. Commissioner Smith noted that he is not in opposition because of the property
being surrounded by C-3 General Commercial.
Commissioner Bird noted that the property could be down-zoned and they could limit
access to Asbury Road.
Staff Member Kritz noted that the parcel has access to Asbury Road and that access would
be addressed as part of a site plan review. The Commission discussed the access to East
Dubuque Savings Bank along Pennsylvania. Staff Member Kritz noted that the City cannot
deny all access to a lot.
Motion by Smith, seconded by Bird, to approve the rezoning of4616 Asbury Road fromAG
Agricultural District to C-3 General Commercial District as submitted. Motion was approved
by the following vote: Aye - Smith, Hardie, Schiltz, Roush and Stiles; Nay - Bird.
Chairperson Stiles noted that he would like to hear the text amendment prior to the
rezoning request from the Finley Hospital.
Minutes - Zoning Advisory Commission
February 2, 2005
Page 8
PUBLIC HEARING\TEXT AMENDMENTISECTION 3-5.2(b)(11: Application of Grandview-
University, LLC to amend Section 3-5.2(B)(1) of the Zoning Ordinance to allow pharmacies
as a permitted use in the ID Institutional District.
Dick Hartig, Hartig Drug Stores, noted that the documents have been submitted to the
Planning Services staff to be distributed to the Commission conceming the proposed text
amendment.
Staff Member Kritz presented the staff report. He noted that the pharmacy text
amendment would only affect two institutional districts - those being The Finley Hospital
and Mercy Medical Center campuses.
The Commission discussed that it is logical to allow pharmacies on a medical campus.
Motion by Bird, seconded by Smith, to approve the text amendment as presented. Motion
was approved by the following vote: Aye - Smith, Hardie, Bird, Schiltz, Roush and Stiles;
Nay - None.
PUBLIC HEARING\REZONING\FINLEY HOSPITAL: Application of John Knox/The Finley
Hospital to rezone property located at the southeast corner of University Avenue and
Grandview Avenue and the southwest corner of W. 5th and College Streets from R-2 Two-
Family Residential District to ID Institutional District.
John Knox presented the application to the Commission. He noted that hospitals are
developing a comprehensive coverage of services on their institutional district campus. He
noted that this rezoning request would add a pharmacy and a diabetes center and also
allow for expansion of the Dubuque Internal Medicine building. He noted that in the past,
there were concerns with parking in the neighborhood. He indicated that the proposal will
add 30 percent more parking spaces than required by the current Zoning Ordinance for the
proposed development.
Marty Johnson, Straka Johnson Architects, noted that the properties are all owned by the
Finley Hospital or Finley Hospital has the option to purchase. Mr. Johnson presented plans
for the site to the Commission. He noted the location of three curb cuts onto University
Avenue and Grandview Avenue and stated that there will be a request to vacate a portion
of Stewart Street and an alley. He indicated that the project will involve cooperation with
the City for the use of storm water detention in Allison Henderson Park. He went on to
explain that they are proposing to provide more parking than what is required for the
development in order to help address parking congestion in the neighborhood.
Stan Hogan, RR2, Key West Drive, noted that he is speaking on behalf of Clarence Norton,
who owns the property at 520 Stewart Street. He noted that Mr. Norton would like to have
his property remain as R-2 Two-Family Residential.
Minutes - Zoning Advisory Commission
February 2, 2005
Page 9
Jim Giese, 1020 Nowata, said he has a concern with parking in the neighborhood and that
he is not in objection to the rezoning.
Mike Burg, representing Dubuque Internal Medicine, spoke in favor of the request. He
noted that the lot will provide parking in the neighborhood and allow an altemative entrance
into the building.
Staff Member Kritz presented the staff report. He noted that 520 Stewart Street is not part
of the rezoning and will remain R-2 Two-Family Residential. He noted that because 520
Stewart is not involved in the rezoning, that not all of Stewart Street will be vacated for the
development.
Commissioner Hardie wondered if there is a requirement that employees park on the
campus and not on the adjacent residential streets. Staff Member Kritz noted that there is
no such requirement.
Commissioner Hardie discussed the signage on the pharmacy. He noted that the
institutional district is different from a normal commercial district. He felt that there is too
much signage on the building. Mr. Johnson noted the locations of the signs on the
building. He stated that the signage on the pharmacy is similar to the Galena store.
Commissioner Hardie noted that there is way too much signage. The remaining
Commissioners said that they had no problem with the signage.
Motion by Bird, seconded by Smith, to approve the rezoning as submitted. Motion was
approved by the following vote: Aye - Smith, Hardie, Bird, Schiltz, Roush and Stiles; Nay-
None.
ADJOURNMENT: The meeting adjourned at 9:00 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner
Adopted