Minutes Zoning Advisory Comm. 3 2 05
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MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
Wednesday, March 2, 2005
6:30 p.m.
Majestic Room, Five Flags Theater
401 Main Street, Dubuque Iowa
FT
PRESENT: Chairperson Jeff Stiles; Commissioners Martha Christ, Eugene Bird, Jr., Dick
Schiltz and Ben Roush; Staff Members Kyle Kritz and Guy Hemenway.
ABSENT: Commissioners Stephen Hardie and Ron Smith.
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 February 2, 2005 meeting were approved unanimously as
modified.
ACTION ITEM\FINAL PLATIOALSING: Application of Todd Dalsing for approval of the
Final Plat of Lot 1 thru 3 of Dalsing Place NO.3 located along English Mill Road, Dubuque
County.
Todd Dalsing stated that his is to take a five-acre parcel and reconfigure it. He said he
wants to subdivide the lot to allow a one-acre lot around the existing house and to create
two, two-acre lots on either side. He said the property is fully developed.
Staff Member Kritz stated that there are currently three homes on three lots. He stated that
the three lots will be reconfigured, but that there will still be three lots. He said the lots will
be accessed through an existing easement and an additional 66-foot wide access
easement along the northern property boundary.
Commissioners discussed the plat and felt that it was appropriate.
Motion by Bird, seconded by Christ, to approve the final plat of Lot 1 thru 3 of Dalsing
Placing NO.3 as submitted. The motion was approved by the following vote: Aye - Christ,
Bird, Schiltz, Roush and Stiles; Nay - None.
ACTION ITEM\PRELlMINARY PLA TIEHRLICK: Application of Rick Ehrlick for approval
of the Preliminary Plat of Eleanor Ridge Estates Subdivision .
Terry Koelker, Buesing and Associates, stated that he represents Mr. Ehrlick. He stated
that the preliminary plat creates a 12-lot subdivision. He said the lots will be large, with
individual septic systems and two common wells will serve the entire development. He
stated that the ground in this area is ideal for a development. He stated that the applicant
would like to construct a 24-foot wide street, 2,200 feet long, terminating in a cul-de-sac.
He stated there are two natural drainages in the area and, therefore, storm water detention
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March 2, 2005
Page 2
is not necessary. He stated that this development should not impact downstream
properties. He asked the Commission to reduce the City standard of 26 feet of pavement
to 24 feet. He stated the existing topography dictates a narrower street width.
Staff Member Kritz stated that the preliminary plat is within the two-mile jurisdiction of the
City of Dubuque; located at the end of Lake Eleanor Road on a hilltop. He stated that the
traffic counts for Lake Eleanor Road were very low. He said that the property is located on
a hilltop that is within a secondary growth area of the City. He stated that the plat indicates
12 lots with shared wells and individual septic systems.
Commissioner Schiltz noted that some of the lots on the plat had double frontages. Staff
Member Kritz stated that the thru-Iots were necessitated by the steep hillside, and that
access to the back half of the lots was not likely because of topography.
Commissioners discussed waiving the required street width and prohibition against thru-
lots.
Motion by Schiltz, seconded by Bird, to approve the preliminary plat of Lake Eleanor Ridge
Estates Subdivision waiving the 26-foot pavement requirement to a minimum of 24 feet,
and eliminating the prohibition on thru lots. The motion was approved by the following
vote: Aye - Christ, Bird, Schiltz, Roush and Stiles; Nay - None.
ACTION ITEM\PRELlMINARY PLA TI DEAN HOFFMAN/RIVER CITY DEVELOPMENT
GROUP LLC: Application of Dean Hoffman/River City Development Group LLC for
approval of the Preliminary Plat of Hillside Estates located on Katie Cove, Dubuque
County.
Mike Weber, Weber Surveying, stated that Hillside Estates is located within the City's two-
mile jurisdiction. He said that the subdivision will consist of 56 single-family residential lots
approximately one acre in size. He stated the property is currently zoned County R-2. He
stated that the lots will have private septic system and one public well with water mains.
He stated there is a stub street to access the 98-acre parcel to the east and that the
applicant owns said parcel.
Staff Member Kritz stated that the property is within the City's two-mile fringe area and that
the proposed subdivision surrounds an existing private street named Katie Cove. He
stated that the subdivision has two stub streets to provide access to the adjacent
properties. He said that the 98 acres to the east may be accessed from a future frontage
road that will be built as part of the Southwest Arterial. He said that this property is within a
secondary growth area for the City. He stated that the City is recommending a 26-foot
wide street with easements for sewer and water extensions.
Commissioner Schiltz said that he has concerns with a single access to the adjacent 98-
acre parcel. Staff Member Kritz said that the property abuts the proposed right-of-way of
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March 2, 2005
Page 3
the Southwest Arterial, which will eventually provide a secondary access. Mr. Weber
submitted a site plan indicating the alignment of the Southwest Arterial relative to the
subject property.
Commissioners discussed the timing of the extension of the Southwest Arterial and the
necessity for the addition of a secondary access to the property.
Motion by Bird, seconded by Christ, to approve the preliminary plat of Hillside Estates
waiving the required street width from 26 feet to 24 feet. The motion was approved by the
following vote: Aye - Christ, Bird, Roush and Stiles; Nay - Schiltz.
ACTION ITEM\PREUMINARY PLAT: Application of James Schneider/Tom Keizer, KZ
Investments for approval of the Preliminary Plat of KZ Subdivision located at 3060
Pennsylvania Avenue.
Tom Keizer, KZ Investments, said that it is his intention to subdivide the existing parcel into
eight lots that will be accessed from Born Avenue. He stated that City water and sewer are
available to this site. He said the subdivision is a redevelopment of an existing lot.
Staff Member Kritz outlined the staff report, discussing the property history. He spoke
regarding the lot configuration and stated that the access from Born Avenue will be on a
50-foot right of way with 31 feet of paving. He said the storm water detention will be
located in the south corner of the site. He stated that two homes would be made non-
conforming because, when the street is extended, their side yards will become front yards,
and neither house will meet the 20-foot required setback for a front yard. He stated that no
public notification is required for preliminary plats so the property owners may not be aware
of the proposed subdivision. He stated that an easement for extending sanitary sewer is
necessary from the Avenarius property.
Commissioners discussed access to the subdivision. Commissioner Schiltz said he is
concerned about the owner that will be saddled with a five-foot front yard setback. He
asked if the street could be shifted so that a smaller right-of-way could be created to
increase the front yard setback of the adjacent property.
Staff Member Kritz stated that the Commission could table the request and ask that staff
notify adjacent property owners. Commissioner Schiltz said that he did not wish to delay
the project.
Motion by Schiltz, seconded by Bird, to approve the preliminary plat of Indiana Subdivision
as submitted. The motion was approved by the following vote: Aye - Christ, Bird, Schiltz,
Roush and Stiles; Nay - None.
PUBLIC HEARING/SITE PLAN: Application of Birch Heating & Cooling, Cedar Cross
Road, for site plan approval.
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March 2, 2005
Page 4
Bill Birch, Birch Heating and Cooling, said that he is requesting approval of his site plan so
that he can relocate his business on Cedar Cross Road.
Staff Member Kritz discussed the site plan layout, elevations and the conceptual plan for
the Cedar Lake Planned Unit Development. He stated that the plan is in substantial
compliance with all City requirements and recommended approval.
Motion by Bird, seconded by Christ, to approve the site plan of Birch Heating & Cooling as
submitted. The motion was approved by the following vote: Aye - Christ, Bird, Schiltz,
Roush and Stiles; Nay - None.
PUBLIC HEARING\REZONING\ECK: Application of Angela Koppes to rezone property
located at 440 Loras Boulevard from R-4 Multi-Family Residential District to OR Office
Residential District. '
Angela Koppes reviewed her proposed request with the Commission. She said that she
wishes to live in the apartment above and have a small office below.
Staff Member Hemenway reviewed the surrounding zoning and land use. He discussed
the permitted uses in an OR District. He stated that this further development of this
property is limited because of the lack of available off-street parking. He noted that City
Staff had received two letters in opposition from the same property owner, and one letter in
support of Ms. Koppes' request.
Commissioners discussed the rezoning, and felt that as it is an expansion of an existing
OR district, it is appropriate.
Motion by Christ, seconded by Bird, to approve the rezoning as submitted. The motion
was approved by the following vote: Aye - Christ, Bird, Schiltz, Roush and Stiles; Nay-
None. .
PUBLIC HEARING\REZONING\ PLATINUM SERVICES/HIGHWAY 151/61
DEVELOPMENT. LLC: Application of Wayne Briggs, Platinum Services/Highway 151/61
Development LLC to rezone property located at 701 E. 16th Street from HI Heavy Industrial
District to PUD Planned Unit Development.
Brian Kane stated that he represents Highway 151/61 LLC and introduced members of the
development group, including Wayne Briggs, Dick Hartig, Paul Fahey, and Steve Smith.
He stated that Tony Zelinskas and Pat Ready were also available to answer questions
regarding engineering and traffic analysis. He also introduced Chris Walsh from Epic
Construction. He stated that it is their intent to develop the PUD for a regional shopping
center with seven out lots. He discussed the concept plan, highlighting traffic access for
the property. He stated that the former meatpacking plant is not the highest and best use
of this property. He stated that redevelopment of this site by local developers will benefit
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March 2, 2005
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the neighborhood, the City of Dubuque, and the region. He discussed the ordinance
establishing the planned district and stated that no customer access will be permitted to
Kerper Court. He stated that the site will have 4.74 parking spaces per 1,000 square feet
of retail area. He discussed lighting, sidewalks, and green space. He stated that the site
would have more green space than the original meatpacking facility did. He stated that the
Bee Branch sewer will be relocated to the western edge of the property. He said that the
development group had a neighborhood meeting and had received much positive input
regarding the project. He stated that the project satisfies the intent of the Comprehensive
Plan. He said that the City Engineer felt that, based on the traffic analysis, the additional
traffic could be accommodated with the proposed improvements.
Tony Zelinskas, WHKS Engineering, stated that he prepared the traffic analysis for the
proposed development. He stated the analysis estimates the potential volume of traffic
generated by the proposed retail development and its likely impact on traffic flow in the
local area. He said that he used traffic engineering standards. He discussed vehicular and
train traffic, and stated that he anticipates the traffic will increase 2% per year for the full
build-out period. He discussed proposed traffic signal improvements that will help facilitate
traffic movement. He discussed the original critique of the Wal-Mart traffic study that was
supplied by Wal-Mart's engineers. He said that the original study was flawed and that
some traffic counts had been inverted.
Chairperson Stiles asked that a letter be read into the record that had been submitted by
Flynn Ready Mix in support of the project.
Staff Member Kritz outlined the staff report, stating that the applicants had done a thorough
job of providing traffic analysis and all other information required for the rezoning. He
discussed the conceptual plan stating that the development will create additional green
space when compared to the existing situation. He stated that the proposed development
is 40 acres; 10 acres larger that that proposed by Wal Mart. He discussed the phasing and
timing of the Bee Branch sewer project. He said that the only connection to Kerper Court
would be a service access. He stated that the City will not require storm water detention
for this development because of its proximity to the 16th Street detention basin. He
discussed a minor change to the ordinance. He discussed the existing parking standards
and stated that the proposed 4.75 parking spaces per 1,000 square feet of retail space is in
line with current national standards for retail developments in excess of 100,000 square
feet. He stated that there will be an overlap in parking demand for the various retail
establishments in the development.
Chairperson Stiles asked if there would be different traffic flows from mixed use versus
single entity development. Staff Member Kritz stated that peak periods may be amplified
by a single user, whereas a multiple tenant mixed-use site will tend to spread traffic out
more evenly throughout the day.
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March 2, 2005
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Commissioner Roush asked if the estimated 1,000 cars per hour during the peak period
was greater than the volume estimated for Wal-Mart, and if the total square footage of
development for this site was larger than that of Wal-Mart. He also asked Mr. ZeJinskas to
explain how the traffic counts for the 16th Street and Kerper Intersection had been inverted.
He asked about the original traffic analysis estimate for stacking and level of service at the
16th Street and Kerper Blvd. intersection.
Mr. Zelinskas stated that split phasing would reduce the amount of traffic at the
intersection. Commissioner Roush stated that traffic issues were used to deny the first
proposal for rezoning at this location, and he said he wants the Commission to get it right
because the neighbors originally had concerns regarding traffic in this neighborhood.
Commissioner Schiltz stated that he had voted to deny the former project because of traffic
concerns, but he said that it appears that the original traffic analysis was based on flawed
information.
Chairperson Stiles stated that he was not originally concerned with traffic because he felt
the meat packing company had generated as much traffic as the former proposal would
have. He stated that it appears as though traffic is going to be adequately handled and that
the applicant had proposed a quality development with additional green space and
functional access.
Motion by Schiltz, seconded by Christ, to approve the rezoning from HI Heavy Industrial to
PUD Planned Unit Development. The motion was approved by the following vote: Aye-
Christ, Bird, Schiltz, Roush and Stiles; Nay - None.
PUBLIC HEARING\AMEND 10 DISTRICT\ UNIVERSITY OF DUBUQUE: Application of
University of Dubuque to amend the University of Dubuque ID District to allow the
construction of a new academic and administration building for property located at the
northwest corner of Bennett & AlgonaStreets.
Tracey Wagner, Vice President of Finance for the University of Dubuque, introduced Alan
Burr and Tony Zelinskas. She stated that there is a need for the new economic
administration building. She discussed siting, interior layout, architecture and use of the
building. She stated that it will be necessary to remove 39 parking spaces to
accommodate the building which will generate demand for an additional 74 parking spaces.
She said that the University of Dubuque will build a 130-space lot with two accesses in
close proximity to the building to satisfy the parking demand. She said that neighbors have
expressed concerns regarding access to the lot. She said the University will balance the
needs of the neighbors with the needs of the student and faculty population. She stated
that the proposed parking lot would exceed the standards for landscaping and setbacks.
Jim Hoppmann, 763 Cody Drive, stated that he is speaking for his mother, Helen
Hoppmann, who resides at 2224 Grace Street. He stated that he has concerns with the
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March 2, 2005
Page 7
Administration building's proposed parking lot. He stated that the traffic and parking
demands generated by the new Library building have been excessive. He stated that a
parking lot of this size will replace much of the existing green space with concrete next to
his mother's residence. He stated that his mother has concems with noise, traffic and
vehicle lights. He stated that the property value of his mother's home will be diminished
and that parking in such close proximity to the house will be an invasion of privacy. He
said currently, kids cut through his mother's yard. He said that he also objects to the
location of the parking lot access. He said that if the Commission is inclined to approve the
proposal, he asked that they condition it on a minimum 50-foot setback for the parking lot,
and that a six to eight foot high opaque privacy fence be placed along the property line
from Grace to Bennett Streets. He asked the Commission to ensure that the lighting for
the parking lot be sensitive to the adjacent residential properties, and that access be limited
to Bennett Street.
Helen Hoppmann, 2224 Grace Street, stated that she has concerns with the 130 cars
parked next to her house from the hours of 7:00 a.m. to 11 :00 p.m. seven days a week.
She expressed concerns about the noise generated by the vehicles and students and
about headlights shining into her residence. She asked that the Commission require that
the entrance to the lot be from Bennett Street. She said she has concerns with her
privacy.
Peter Smith, 755 Sunset Ridge, stated that is an employee of the University of Dubuque.
He stated that the University has grown rapidly recently and that some of the residences in
the neighborhood are now surrounded by the University campus. He said that he strongly
supports the Myers building project because it serves a vital purpose for the University and
the community. He said that the additional parking is needed to satisfy the demand
generated by the additional classroom space. He stated the University of Dubuque is an
important economic development tool for the community.
Joseph Bitter stated that he represents Joseph Collins at 2120 Grace Street. He stated
that Mr. Collins is elderly and could not attend the meeting. He stated that Mr. Collins had
many of the same concerns expressed by the neighbors. He stated that the Zoning
Commission's role is to protect the people that are not being zoned. He stated that the
proposed parking lot will intrude on the neighbor's privacy and diminish the value of their
property.
Paul Carlsen, 1324 Tomahawk Drive, stated that he is a University employee. He said that
the new building will provide badly needed space for growth. He discussed the building's
layout and uses. He stated that the building and associated parking is important to the
continued development of the University of Dubuque.
Melvin Reynolds, 2180 Grace Street, stated that he would like his property to be screened
with a proper barrier to insure privacy. He stated he has not seen an elevation of the
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March 2,2005
Page 8
property and is concerned with the potential impact of the parking lot on his residence. He
stated that he feels the access should be limited to McCormick Street.
Tracey Wagner stated that the University has created a 50-foot buffer between the lot and
Mrs. Hoppmann's property and that they are willing to tailor landscaping with input from the
neighbors. She said she feels that two accesses to the lot are needed. She said that the
University currently builds and maintain fences across the campus.
Staff Member Kritz outlined the staff report, noting that the residential properties in
question had been zoned as an institutional district for over 30 years. He said that the area
was originally a residential neighborhood. He said the request is not a rezoning but a
request to amend the district to allow for.development of a new building and associated
parking. He stated this project represents a significant on-campus expansion. He
discussed existing and proposed building setbacks. He stated that reduced building
setbacks tend to calm traffic. He said that the parking lot will be setback 50 feet from the
Hoppmann's property line. He stated that the Zoning Commission has the authority to
requIre conditions on development, including additional screening.
Commissioner Bird said that the building setbacks are in keeping with those on the rest of
the campus. He stated that he is comfortable with the 50-foot setback and the proposed
fence for privacy.
Commissioner Roush stated that with the 50-foot setback and the screening fence, or other
buffer, the University has provided adequate protection for the adjacent residential
properties.
Tony ZeJinskas, WHKS, discussed access to the lot. Commissioner Christ asked if the
access could be limited to Bennett Street. Mr. Zelinskas stated that more excavation would
be required, which would entail more cost and potentially less parking spaces. He said that
the amount of additional excavation needed may exceed $50,000 worth of work. He stated
that the existing access is about 80 feet from the residence on Grace Street. .
Commissioner Schiltz stated he will not support the proposed parking with the access on
Grace Street. He said that screening and additional setback are necessary.
Chairperson Stiles said he feels the 80-foot separation between the entrance and the
residence is adequate, and that the parking lot, when screened and setback 50 feet, is
appropriate. Commissioner Bird agreed. Commissioner Christ stated that she is still
concerned with the traffic generated by the parking lot emptying onto Grace Street.
Commissioner Roush said he feels that the screening will alleviate potential problems with
the Grace Street access.
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March 2,2005
Page 9
Tracy Wagner asked the Commission to approve the amendment as submitted, but short
of that, she asked that they approve the project with prohibition to the Grace Street access.
Commissioners discussed placing conditions on the development.
Motion by Bird, seconded by Christ, to approve the amended PUD with the conditions that:
1. A 50-foot setback be maintained between the edge of the paved parking lot and the
Hoppmann property,
2. A six-foot high, fully opaque, privacy fence be placed along the Hoppmann property
line; and,
3. That no access be permitted from the parking lot to Grace Street.
The motion was approved by the following vote: Aye - Christ, Bird, Schiltz, Roush and
Stiles; Nay - None.
Motion to amend the University of Dubuque ID District to allow the construction of a new
economic and administration building as submitted. The motion was approved by the
following vote: Aye - Christ, Bird, Schiltz, Roush and Stiles; Nay - None.
PUBLIC HEARING\AMEND ID DISTRICnUNIVERSITY OF DUBUQUE: Application of
University of Dubuque to amend the University of Dubuque ID District to allow the
construction of a new addition to Goldthorp Science Hall located at the southeast corner of
University Avenue and Algona Street.
Tracey Wagner discussed the project with the Commission. She said this project
represents a major renovation of the science hall, which has not been expanded since it
was initially built in 1960. She discussed the building layout, uses and proposed
landscaping.
Paula Carlsen, 1324 Tomahawk Drive, spoke in favor of the request. She said that the
University badly needs the additional science classroom space.
Kathy Dolter, 2209 Palmer Drive, stated that there is currently a nursing shortage. She
stated that the University needs the space for their ever-expanding nursing program.
Staff Member Kritz discussed the parking requirements for the proposed building. He
stated that there will be a reduction in the number of seating within the classrooms.
Commissioners discussed the request and felt it was an appropriate addition to the
institutional district.
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March 2,2005
Page 10
Motion by Bird. seconded by Christ, to amend the University of Dubuque ID District to allow
the construction of a new addition to the Goldthorp Science Hall. The motion was
approved by the following vote: Aye - Christ, Bird, Schiltz, Roush and Stiles; Nay - None.
PUBLIC HEARING\AMEND PUD\ WENDELL COREY/JACK LEAMAN/MOTOR CITY
LLC: Application of Wendell Corey/Jack Leaman/Motor City LLC amend and expand the
Asbury Plaza Business Park Planned Unit Development District located in the Asbury
Plaza Business Park northwest of Asbury Plaza Shopping Center.
Wendell Corey reviewed the history of Asbury Plaza, including current ownership of the
subject property. Mr. Corey explained the proposed development, noting the extension of
Plaza Drive, extension of water and sewer, and provision of storm water detention. Mr.
Corey indicated that he will provide storm water detention prior to beginning excavation on
the project. Mr. Corey reviewed the location and size of roadways within the development.
Arvid Saele, 12695 Cousins Road, stated that he represents Grandview Methodist Church.
He stated that the church is in agreement with Mr. Corey's proposal, and with the proposed
alignment of the access road along the church's property.
Staff Member Hemenway reviewed the request, noting the areas devoted to development,
lot layout, roadway alignment, and how access to adjacent properties is proposed. Mr.
Hemenway discussed storm water detention for the site. He reviewed the proposed
permitted uses for the business park and compared them with the former uses permitted
by the original PUD. He discussed storm water and erosion control issues.
Commissioners discussed the changes between the original PUD and the proposed
project. Commissioner's discussed allowed uses and access issues. Commissioners
discussed bulk standards for signage for both Asbury Plaza and the proposed business
park.
Motion by Bird, seconded by Christ, to amend and expand the Asbury Plaza Business Park
PUD District. The motion was approved by the following vote: Aye - Christ, Bird, Schiltz,
Roush and Stiles; Nay - None.
ADJOURNMENT: The meeting adjourned at 9:30 p.m.
Kyle L. Kritz, Associate Planner
Adopted