Minutes Zoning Adv. Comm. 4 6 05
MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
Wednesday, April 6, 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, Dick Schiltz and Ben Roush; Staff Members Guy Hemenway and Kyle
Kritz.
ABSENT: Commissioners 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 to order at 6:30 p.m.
MINUTES: The minutes of the March 2, 2005 meeting were approved unanimously as
submitted.
ACTION ITEM\PRELlMINARY PLATIFURUSETH"S SIXTH SUBDIVISION: Application of
David Schneider/Less & Patricia Furuseth for approval of the Preliminary Plat of Furuseth's
Sixth Subdivision located at 10170 Morning Dove Lane, Dubuque County.
Les Furuseth said that the submitted plat represents the 6th phase of an existing
subdivision. He said that because of recent annexations, his property is now within two
miles of the City; therefore, must be reviewed by the Zoning Advisory Commission. He
stated that he wants to develop the sixth phase because the previous phases of the
subdivision have built-out quickly. He stated that lot 15, which is situated behind Lot 14, is
1.94 wooded acres on a sloped lot. He stated that the property sits lower than the house
to the rear. He stated that Lot 19 is an existing lot that is approximately 1.8 acres with a
residence. He said that the lot is 314 feet deep. He said that the newly platted lots are
approximately two acres each with abundant green space.
Staff Member Kritz said that the subdivision is located near the Highway 61/151
interchange. He stated that the Commission has seen two previous phases of this
subdivision. He said that this property was brought within the two-mile radius of the City
after annexation of land for the Technology Park. He discussed substandard and through
lots within the sixth phase. He said that privacy is not an issue on these lots because of
their large size. He said Commissioners could, if they chose, restrict access on through
lots 23 and 25.
The Commissioners discussed the subdivision layout, including the presence of a
substandard lot with less than 50 feet of frontage and through lots. The Commissioners
felt that because of the size of the lots and the subdivision layout, the through lots and
substandard frontage would not be a problem.
Minutes - Zoning Advisory Commission
April 6, 2005
Page 2
Motion by Bird, seconded by Smith, to approve the preliminary plat of Furuseth's Sixth
Subdivision waiving the thru-Iot prohibition on Lots 23 and 25, and waiving the lot frontage
on Lot 15. Motion carried by the following vote: Aye - Smith, Hardie, Bird, Schiltz, Roush
and Stiles; Nay - None.
ACTION ITEM\FINAL PLA TIWOODLAND ESTATES NO.3: Application of Buesing &
Associates/Mark & Staci McKeon/Gerhard & Ruth Duddeck for approval of the Final Plat of
Woodland Estates No. 3 located along Golden Oaks Court, near North Cascade Road in
Dubuque County.
Mark McKeon reviewed his proposed plan with the Commission.
Staff Member Kritz discussed the lot configuration and said that the final plat of Woodland
Estates is in substantial compliance with City of Dubuque Standards. He recommended
approval.
Motion by Schiltz, seconded by Bird, to approve the final plat of Woodland Estates No.3
waiving Article IV, except Section 19, Lots and Blocks. Motion carried by the following
vote: Aye - Smith, Hardie, Bird, Schiltz, Roush and Stiles; Nay - None.
ACTION ITEM\FINAL PLA TILOTS 1. 2 & 3 OF KNOB HILL GROVE NO.4: Application of
Buesing & Associates for approval of the final Plat of Lots 1, 2 & 3 of Knob Hill Grove No.
4 located along Duggan Drive.
Tom Keizer, of KZ Investments, stated that he wants to subdivide an existing development
placing each of five townhouse units on a separate lot.
Staff Member Kritz said that the re-plat of this property would enable the applicant to sell
each property individually. He said that the proposed development is in substantial
compliance with City standards, and he recommended approval.
Motion by Hardie, seconded by Bird, to approve the final plat of Lots 1, 2 & E of Knob Hill
Grove NO.4 as submitted. Motion carried by the following vote: Aye - Smith, Hardie, Bird,
Schiltz, Roush and Stiles; Nay - None.
PUBLIC HEARING\REZONING\2700 MATTHEW JOHN DR: Application of Professional
Realty Development Corporation/Angelus of Dubuque, LLC (tabled from December 1, 2004
meeting) 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 and amend
the existing Planned Residential District.
Paul Korz, PRDC, outlined his request to rezone two acres of property adjacent to PRDC's
campus. He said that PRDC would like to develop 14 villa style townhouse units and a 32-
unit memory care facility. He discussed utilities and storm water control. He stated that
the project represents a reduction of 10 units from the 24 originally proposed.
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April 6, 2005
Page 3
Mark Gudenkauf, 2480 Wheatland Drive, said that he is a resident and contractor who
owns multiple properties in the neighborhood. He stated that the south side of the
proposed development is zoned R-1 and should remain so. He stated that he was led to
believe that the property would remain single-family. He stated that PRDC could have
originally bought the adjacent planned district property for their development. He read the
preamble for R-1 District. He stated that it would be difficult to sell lots with access through
the R-1 development to the planned development. He asked Staff Member Kritz to display
the original preliminary plat for the property. He discussed the existing zoning configuration
and he stated that PRDC's proposal intensifies the use from the current 3.4 units per acre
to 14 units per acre. He stated that use, density, and potential traffic problems deem this
an inappropriate rezoning. He said that the Comprehensive Plan calls for this area to be
R-1. He asked the Commission to deny the request.
Larry Miller, 2380 Harvest View Drive, stated that he agrees with Mr. Gudenkauf. He said
he does not want to live in an area with apartments and rental units. He stated that he is
opposed to the rezoning.
Dan Smith, 2569 Wheatland Drive, said that the original proposal would permit three to
four houses; however, the new proposal increases the density to 14 units. He stated that
traffic is a concern in this neighborhood. He stated that the development will be very close
to his property.
Mike Fitzpatrick stated that he owns Lot 10 in the subdivision, but that he currently lives at
100 Race Street. He said he is concerned with potential congestion and traffic that will be
created by the development. He said that the R-1 property should remain as a buffer to
PRDC's facility. He stated that PRDC did not contact him about their proposal.
Kevin Francis, 2400 Wheatland Drive, said that he agrees with the concerns raised by the
neighbors. He stated that he is opposed to the rezoning.
Don Foley, 2489 Wheatland, stated that he is opposed to the development. He said that it
should remain as a single-family residential district.
Mark Ehlens, 2505 Wheatland, said that he is opposed to the change from the original
residential zoning designation. He said he is concerned that PRDC's facility will continue to
expand.
Marty Helle, 2537 Wheatland Drive, recommended that a right-in/right-out access from
PRDC's facility to the Northwest Arterial be created. He asked that the original buildings be
redesigned to be more compatible with the adjacent single-family residential development.
He said that the south wing of the building has changed and he does not believe that the
70% required green space is in place.
Rich Woods, 2521 Wheatland Drive, stated that the proposed development will decrease
the value of his property. He said he is opposed to the rezoning.
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April 6, 2005
Page 4
Terry Leibold, 2530 Millstone Drive, said that he feels the subject property should remain
zoned R-1. He stated that he is opposed to the rezoning.
Bob Uhlrich, 2496 Wheatland Drive, said that he has young children and has traffic safety
concerns.
Marty McNamer, 1199 Hunter's Ridge, said that PRDC has proposed one-story villas that
will be in keeping with the scale of the adjacent residences. He stated that he organized a
neighborhood meeting but forgot to invite some of the adjacent property owners. He stated
that he discussed the potential for right-in/right-out onto the Northwest Arterial from the
PRDC facility, but that the City was not in favor of granting access. He stated that PRDC is
noted for quality development and being good neighbors. He stated that the collector
street will eventually have two other outlets when the adjacent property is developed. He
stated that when he originally developed Harvest View Estates he reduced the C-2 zoned
property from 14 to 7 acres. He stated that he wanted to buffer the R-1 from the Northwest
Arterial using PRDC's facility.
Paul Korz said that the average elderly population will be over 70 years of age. He stated
that this group are low traffic generators with higher incomes. He said that PRDC will have
a well managed facility. He stated that there have been some minor changes to the
original project, but, the changes have been well within the original standards of the PUD.
He stated that PRDC has added a berm at the neighbor's request.
Commissioner Bird asked Mr. Korz if he had provided traffic analysis and design
standards. Mr. Korz said that he relied on the staff's ITE study regarding traffic, and the
original elevations that had been distributed at the prior meeting. He said these elevations
had been included in the packet.
Staff Member Kritz outlined the staff report, discussing the changes from the original
request. He stated that the number of villas had been reduced and that PRDC had
proposed a memory care unit. He said that, in all likelihood, staff and visitor traffic would
be the only traffic generated by the memory unit. He stated that City Engineering staff and
the Iowa Department of Transportation have discussed the right-in/right-out proposal;
however, they were concerned that the existing street access would become a cut-through
from Asbury Road to the Northwest Arterial. He discussed future extension of the adjacent
streets to provide additional accesses to the development. He stated that the Alzheimer's
Unit would be located on the existing R-3 property.
Commissioner Roush said he is concerned with placing the villas directly abutting the R-1.
He said he is concerned that no comprehensive neighborhood meeting had been held.
Commissioner Bird said that, because PRDC had not submitted a redesign for the villas
that would clearly show their design standards, he is opposed to the development.
Commissioner Schiltz asked staff to clarify the traffic variation between R-3 and R-1 and
PUD properties. Staff Member Kritz stated that the increase in traffic was 42 vehicle trips
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April 6, 2005
Page 5
per day. Commissioner Schiltz said that there is definitely a need for this type of facility.
He asked that the developer submit a more detailed conceptual plan that indicates
remedies for the concerns expressed by the neighbors.
Commissioner Hardie said that the neighbors indicated that there was an implied promise
that this property would remain R-1. He stated he is against the rezoning request because
it is not being proposed as originally promised.
Commissioner Smith said that the neighbors bought property in this area in good faith, but
now the developer is proposing an inappropriate change.
Chairperson Stiles said he agrees. He said that once the additional access roads are
completed the development may be more appropriate.
Commissioner Schiltz said that the developer should resubmit a more detailed conceptual
plan with elevations.
Commissioner Hardie stated that the villas should have an R-1 appearance.
Mr. Gudenkauf stated that he would be satisfied with a development density of 3.4 units
per acre.
Commissioners discussed density for the development. Commissioner Bird suggested that
PRDC meet with Mr. Gudenkauf in an effort to resolve outstanding issues.
Commissioners discussed tabling the request and the applicant agreed.
Motion by Bird, seconded by Hardie, to table the rezoning at the applicant's request.
Motion carried by the following vote: Aye - Smith, Hardie, Bird, Schiltz, Roush and Stiles;
Nay - None.
PUBLIC HEARING\REZONING\TANZANITE DR: Application of Rod TschiggfrielT-Corp
(tabled from February 2,2005 meeting) to rezone property located at Tanzanite Drive from
R-1 Single-Family Residential District to PUD Planned Unit Development with a PR
Planned Residential District designation.
Rod Tschiggfrie, representing T-Corp, reviewed the proposed changes to his request,
noting that a conceptual development plan had been developed that proposes five four-
plexes with surrounding green space. He stated that the lot has been marketed as an R-1
property, but has not generated any interest. He stated that the proposed structures are
two-story walk-outs that are no higher than those allowed in an R-1 District.
Dick Heiderscheit, 668 Kennedy Court, stated that he is opposed to the rezoning. He
stated that he does not feel it is appropriate for such a concentrated multi-family
development to be located next to single-family residences. He stated he is concerned
about potential storm water runoff and that he would like a guarantee that his property will
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April 6, 2005
Page 6
not be inundated. He stated that he is opposed to allowing the developer to flip the cul-de-
sac.
Scott Eisenhuth, 665 Kennedy Court, stated that Mr. Tschiggfrie did not meet with the
neighbors as requested. He stated that the proposal does not meet zoning requirements
and that it is a spot zone.
Dave Becker, 1455 Glen Oak, stated that he is opposed to the rezoning. He reiterated the
preamble of the R-1 district, noting that single-family residential development is to be
protected from more intense uses. He stated that he has concerns with traffic safety as it
regards the access to Tanzanite Drive. He stated that developers should be ethical.
Christy Frye, 645 Sapphire Circle, stated that the development will decrease the value of
her property. She said she has concerns with the access from the proposed development
to Tanzanite Drive. She stated she is opposed to any rezoning other than R-1.
Paula Eisenhuth, 665 Kennedy Court, stated that she is concerned with loss of property
value. She recommended that, if approved, only four buildings be allowed, the mature
trees along the east property line be preserved, and the cul-de-sac not be flipped.
Sue Bublitz, 635 Sapphire Circle, stated that she is opposed to the rezoning because of
the possibility that additional property rezonings will follow.
Mr. Heiderscheit stated that he continues to have concerns with water runoff.
Mr. Tschiggfrie stated that he doesn't feel additional meetings with the neighbors were
necessary or would be constructive. He stated that developers have shown more interest
in the property as a multi-family development. He reviewed the surrounding land use and
noted that the development will serve as a transition between the single-family homes and
the adjacent mobile home parks. He stated the proposal meets the goals stated in the
Comprehensive Plan. He discussed measures indicated on the conceptual plan to
manage and convey storm water, noting that a berm, catch basin and screening trees
would be added along the property line. He stated that it may be possible to preserve the
mature trees along the east property line. He stated that T-Corp has not further interest in
rezoning property along Tanzanite Drive. He said that the cul-de-sac does not have to be
flipped.
Staff Member Hemenway reviewed the staff report, outlining surrounding zoning and land
use. He noted the average vehicle trips generated by the proposed development and also
by a potential single-family development. He stated that the Engineering Department has
done a preliminary review on the access to Tanzanite Drive and has no objections. He
reviewed the parking, storm water improvements, and screening indicated on the
conceptual development plan.
Commissioners discussed the development, noting that T -Corp is not actually going to be
the developer of the property. Commissioners expressed concerns that there are no
renderings of the four-plexes to illustrate the design and scale of the buildings.
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April 6, 2005
Page 7
Commissioner Hardie stated he is reluctant to agree to rezone the property to PUD until
the style of the units and a more detailed conceptual development plan is submitted.
Commissioners Smith and Roush stated they agree with Commissioner Hardie in that there
the applicant has not provided enough detail.
Commissioner Smith stated that he feels it would be appropriate for the Zoning Advisory
Commission to review the site plan. Commissioners discussed whether the submitted
conceptual plan meets the requirements set forth in the PUD. Chairperson Stiles noted
concerns with traffic.
Motion by Smith, seconded by Bird, to approve the rezoning request as submitted. Motion
was denied by the following vote: Aye - None; Nay - Smith, Hardie, Bird, Schiltz, Roush
and Stiles.
PUBLIC HEARING\REZONING\2155 ROCKDALE RD: Application of Triple J Land Co. &
Marshallese House of Praise to rezone property located at 2155 Rockdale Road from C-1
Neighborhood Commercial District and OS Office Services District to R-3 Moderate Density
Multi-Family Residential District to allow a church.
As the applicant was not in attendance, the Commissioner decided to table the request.
Motion by Hardie, seconded by Bird, to table the request. Motion carried by the following
vote: Aye - Smith, Hardie, Bird, Schiltz, Roush and Stiles; Nay - None.
PUBLIC HEARING\AMEND PUD: Application of Pat & Liz Tobin to amend the PUD
Planned Unit Development at 1087 Cedar Cross Road to allow auto sales.
Pat Tobin, 1040 Arrowhead Drive, stated that he owns and operates Cedar Cross Storage.
He said that his request is to amend his PUD to add auto sales as a permitted use. He
referred to the site diagram. He stated that C-3 and C-2 commercial districts abut his
property and that the only residence is across the street.
Jack Heiderschiet, 3001 North Cascade Road, stated that he is concerned that the original
storage facility has no resident manager as indicated in the original PUD. He stated that
there are already vehicles being stored in an area that was indicated as buildings on the
original PUD. He asked if auto repair would occur at this site.
Stan Ward, representing Tri-State Golf Center, said that he is opposed to a portion of the
lot being rezoned. He said he has traffic safety concerns; specifically regarding the
visibility problems from the access drive. He stated that there is currently a gated fence
across his easement.
Mr. Tobin stated that there will be no repairs undertaken on site, and that he has
contracted with a local repair shop to do any needed repairs. He said that there will be a
small garage for auto detailing on the site. He stated that he was not required to have an
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April 6, 2005
Page 8
on-site manager for his development. He stated that he anticipates few customers will visit
his auto sales lot, and therefore, there will be little traffic and parking demand. He stated
that the request that he screen his property from the adjacent higher property is not
practical. He indicated where the existing screening is located per the original site plan
requirements. He discussed easement issues with the Commission.
Staff Member Kritz stated that the City is not party to the private easement agreement. He
said that the property owners will have to resolve the easement issue independently. He
said that the required screening and security fencing, as indicated on the original site plan,
are in place. He stated that the auto sales display area will be 30 feet back from the edge
of the pavement. He stated that the overflow parking issues discussed by the adjacent
property owner are private issues. He stated that the site plan indicates that a small detail
shop shown on the other side of the gate will be used prepping cars.
Commissioners discussed the existing storage area, which they said was not indicated on
the original conceptual development plan.
Staff Member Kritz stated that storm water conveyance and detention for this site has been
installed and is compliant.
Commissioner Hardie asked if there is a sidewalk at this location and Mr. Tobin indicated
that his property is the only one with a sidewalk along the Cedar Cross frontage.
Chairperson Stiles asked that two letters submitted by adjacent property owners be placed
in the record.
Commissioner members discussed the number of potential display vehicles that could be
placed in the sales area.
Commissioner Hardie felt that the proposed auto lot is consistent with the uses already
located along Cedar Cross Road.
Commissioner Roush stated that he feels the proposal is appropriate.
Motion by Smith, seconded by Roush, to amend the Planned Unit Development to allow
used car sales. Motion carried by the following vote: Aye - Smith, Hardie, Schiltz, Roush
and Stiles; Nay - Bird.
ADJOURNMENT: The meeting adjourned at 9:00 p.m.
Kyle L. Kritz, Associate Planner
Adopted