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Minutes Zoning Adv Comm. 5 4 05 i . I I'. MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, May 4, 2005 6:30 p.m. o Auditorium, Carnegie Stout Library .'-' 360 W. 11th Street, Dubuque, Iowa DRAFT f-'" ...- J._. ._ _' ~ .~,:, _i I PRESENT: Chairperson Jeff Stiles; Commissioners Ron Smith, Stephen Hardie, Martha Christ, Dick Schiltz and Eugene Bird, Jr.; Staff Members Guy Hemenway and Kyle Kritz. ABSENT: Commissioner Ben Roush. CALL TO ORDER: The meeting was called to order at 6:32 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 April 6, 2005 meeting were approved unanimously as submitted. ACTION ITEM\FINAL PLAT: Application of David Schneider/Dean Butler for approval of the Final Plat Butler's Hill, Second Addition, Dubuque County for property located at 13518 Derby Grange Road. Dean Butler, 13362 Derby Grange Road, stated that he would like to add six acres to his lot through the sale of a portion of a family farm that is currently in an estate. Staff Member Kritz stated that Lots 1, 2, and 3 do not have frontage; however, the lots did not have frontage prior to the replatting. Commissioners discussed the request and felt that it was appropriate. Motion by Bird, seconded by Smith, to approve the final plat of Butler's Hill, Second Addition, subject to waiving Section 42-19(b), Blocks and Lots for lot frontage on Lots 1,2 and 3. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Bird, Schiltz and Stiles; Nay - None. ACTION ITEM\FINAL PLAT: Application of Dubuque Metropolitan Area Solid Waste Agency for approval of the Final Plat of Lots 1 and 2 Landfill North Subdivision located along Highway 20 West. Don Vogt, Public Works Director for the City of Dubuque, discussed the proposed purchase and re-plat of property adjacent to the landfill. Staff Member Kritz said that the City and County both have review responsibilities to property within the fringe area. He stated that the re-plat would create two lots without frontage. Minutes - Zoning Advisory Commission May 4, 2005 Page 2 Commissioners discussed the request and felt it was appropriate. Motion by Hardie, seconded by Christ, to approve the final plats of Lots 1 and 2 of the Landfill North Subdivision subject to waiving Section 42-19(b), Blocks and Lots 1 and 2. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Bird, Schiltz and Stiles; Nay - None. ACTION ITEM\FINAL PLAT: Application of Dubuque Metropolitan Area Solid Waste Agency for approval of the Final Plat of Lots 1 and 2 Landfill West Subdivision along Highway 20 West. Don Vogt, Public Works Director for the City of Dubuque, said that the request represented a partition of property that the City already owns. Staff Member Kritz noted that Lot 1 will not have frontage. Commissioners discussed the plat and felt it was appropriate. Motion by Hardie, seconded by Christ, to approve the final plats of Lots 1 and 2 of the Landfill West Subdivision subject to waiving Section 42-19(b), Blocks and Lots for lot frontage on Lot 1. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Bird, Schiltz and Stiles; Nay - None. ACTION ITEM\FINAL PLAT: Application of Dave Schneider/Marty McNamer for approval of the Final Plat of Henschel-McNamer Place, Plat #2 located West of Miller Road Terminus. Marty McNamer discussed his plat request, noting that the replatting will facilitate future residential development in a large adjacent area. Staff Member Hemenway outlined the staff report, noting the location of the lots in both the City and County, location of the flood plain, lack of frontage for Lot 2 and the platted access easement from the terminus of Miller Road to Lot 2. He stated that the plat will facilitate a comprehensive residential development for the area. Commissioners discussed the request and felt it was appropriate. Motion by Hardie, seconded by Christ, to approve the final plat of Henschel-McNamer Place, Plat #2, subject to waiving Section 42-19(b), Blocks and Lots, for lotfrontage on Lot # 2. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Bird, Schiltz and Stiles; Nay - None. ACTION ITEM\PRELlMINARY PLAT: Application of Tom Keizer, KZ Investments for approval of the Preliminary Plat of Millstone Subdivision located North of Millstone Drive. Minutes - Zoning Advisory Commission May 4, 2005 Page 3 Tom Keizer of KZ Investments asked the Commission for approval of a preliminary plat that he said would include a mixture of zoned lots which included an extension of Millstone Drive and the addition of a cul-de-sac. Staff Member Kritz outlined the staff report, stating that the proposed street will be built to City standards with a 50-foot right-of-way. He discussed the various zonin9s and the zoning and lot configuration. He stated the plat is in substantial compliance with City of Dubuque Standards. The Commission discussed the request and felt that it was appropriate. Motion by Schiltz, seconded by Smith, to approve the preliminary plat of Millstone Subdivision as submitted. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Bird, Schiltz and Stiles; Nay - None. ACTION ITEM\SITE PLAN REVIEW: Application of Wendy Hunter to review the site plan for Red Robin Gourmet Burgers and Spirits located in Asbury Plaza, Plaza Drive and the Northwest Arterial. Wendy Hunter, 630 Aztec Lane, stated that she represents Red Robin International. She discussed her request with the Commission, reviewing the submitted site plan. Staff Member Kritz discussed the location of the franchise restaurant, its access from Plaza Drive, and the site layout. He stated that a condition of the Asbury Plaza PUD requires that all site plans be reviewed and approved by the Zoning Advisory Commission. He stated that the lot where the restaurant will be located was shown on the original conceptual development plan for Asbury Plaza. Motion by Schiltz, seconded by Hardie, to approve the site plan for Red Robin Gourmet Burgers and Spirits. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Bird, Schiltz and Stiles; Nay - None. PUBLIC HEARING\REZONING (TABLED): 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 Service District to R-3 Moderate Density Multi-Family Residential District to allow a church. Stanley Samson, representing the Marshallese House of Praise, explained his request. He stated that the Marshallese House of Praise would like to locate a church at this location and that necessitates the rezoning to R-3 Moderate Density Multi-Family Residential. Staff Member Hemenway reviewed the history of zoning and land use on the property. He stated that the former use, which was a contractor's shop, was legally non-conforming. He noted that there is adequate room for parking behind the building and that access and drainage issues would be reviewed as part of the site plan review process. Minutes - Zoning Advisory Commission May 4, 2005 Page 4 There were no public comments. Commissioners discussed potential re-use of the property as multi-family residential. Staff Member Hemenway stated that it would be possible to get approximately seven units on the subject lot. Commissioners discussed the request and felt it met the criteria for granting a rezoning. Motion by Smith, seconded by Christ, to approve the rezoning as submitted. The motion was approved by the following vote: Aye - Smith, Hardie, Christ, Bird, Schiltz and Stiles; Nay - None. PUBLIC HEARING\PLANNED UNIT DEVELOPMENT: Application of City of Dubuquel Vincent & Luella McFadden to rezone property located at rezone property from AG Agricultural District to PI Planned Industrial District. Staff Member Kritz, representing the City of Dubuque, outlined the request. He stated that the subject property is situated between the Dubuque Industrial Center and the Dubuque Industrial Center West, and already accommodates the right-of-way for the Chavenelle Road extension. He said that when Chavenelle Drive is extended, it will join the two industrial parks. He stated that the subject property will still be owned by the McFadden's. There were no public comments. Commissioners discussed traffic flow along the extension of Chavenelle Drive to the Northwest Arterial. Commissioners discussed the request and felt that it was a logical extension of the industrial parks and consistent with the City's adopted Comprehensive Plan. Motion by Christ, seconded by Smith, to approve the rezoning as submitted. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Bird, Schiltz and Stiles; Nay- None. PUBLIC HEARING\REZONING: Application of John Gronen/Boyes Auto to rezone property located at 1798 Washington Street from LI Light Industrial District to OR Office Residential District. John Gronen, 1766 Plymouth Court, reviewed his proposed project to rehabilitate the property and provide 36 affordable dwelling units. He stated that the ground floor would be used for offices and a community room. He stated that an adjacent parcel would be acquired to provide off-street parking for the facility. He said that surrounding businesses will provide for the daily needs of the residents. He stated that there is a supermarket, pharmacy and restaurants within walking distance of the subject property. He stated that the project will help foster reinvestment in the neighborhood and have positive impacts associated with such redevelopment. He reviewed a similar project in Clinton, Iowa and outlined the positive results from the project. Minutes - Zoning Advisory Commission May 4, 2005 Page 5 Commissioners asked about adequate outdoor play area. Jeff Morton, architect for the project, reviewed the proposed renovation of the building. Janice Kradis, 1725 Washington Street, stated that she represented 25 people in the neighborhood. She said she originally had concerns about the potential for drug and gang activity for this facility. She said she also had concerns regarding adequate parking. She stated that Mr. Gronen had met with her and alleviated many of her concerns. She stated that she is confident that the applicant will develop the facility as promised. Forest Trausch, 1734 and 1737 Washington Street, stated he had concerns about parking in the neighborhood and the potential for drugs and gangs to develop at this facility. Trish Caldwell, 1633 Elm Street, stated that she was concerned that there is not adequate play area for children. She said that a playground needs to be provided for the neighborhood. She stated that the neighborhood is already densely populated and that the addition of 36 units will only increase the density. Tracy Ryder, 1836 Washington Street, said that he commended John's work so far; however, he said that the additional residences and office space will cause parking and safety problems because of increased traffic and lack of adequate green space. He said that although the residences may have adequate parking, office workers will likely park in the neighborhood. Jay Winger, 2175 Washington Street, stated that he and his tenants are in favor of the project because it represents an investment in the neighborhood. He stated that most of the objections to new development in this area involve parking. He stated that the traffic circles located on Washington Street help control vehicle speed and should remain in place. He stated that if the former casket company building is not rehabbed, that it will eventually deteriorate and have a negative impact on the neighborhood. Sarah Davis, 125 W. 9th Street, spoke in support of the project. She stated that 25% of the proposed units will be handicapped accessible. She stated that handicapped accessible units are in short supply within the city of Dubuque. She stated Mr. Gronen has a proven track record; has undertaken an adequate planning effort for the City, and that she feels Mr. Gronen is doing everything to ensure that the project will be positive for the neighborhood. John Gronen discussed parking spaces for the office and residential use, stating that he is negotiating to lease spaces approximately a half a block away from the proposed facility. He stated that a majority of the apartments are single bedroom and that most tenants will be 55 years of age or older. Therefore, the demand for play area is not as great as it would be for standard two and three bedroom marketing rate housing. He indicated that he is working with the City to develop additional green space or park area in the neighborhood. He stated that the facility would have an on-site manager, that applicants for housing would be screened, and that established rules would be enforced. Minutes - Zoning Advisory Commission May 4, 2005 Page 6 Staff Member Hemenway reviewed the staff report. He discussed the differences between permitted uses and bulk standards in both OR and LI Districts. He reviewed the surrounding land use, parking demand and the potential number of parking spaces needed for the proposed facility. He stated that the site plan submitted indicated 88 parking spaces; however, he calculated approximately 65, if City standards are applied. He noted the receipt of four letters, three in support and one in opposition to the proposed development. Commissioner Smith stated that Mr. Gronen has a positive track record on his efforts to date, and that he will be in support of the project. Commissioner Hardie stated that he is also in support ofthe project because ofthe positive impact that it will have on the neighborhood. He stated that he feels that parking is being adequately addressed. He stated that he felt Mr. Gronen is a strong advocate that will work diligently to secure a new park or recreation area for the neighborhood. Commissioner Stiles stated that because of his experience with the Police Department, he knows that there are problems in this neighborhood. He said that he felt that rehabilitation of this building will have a positive impact on the neighborhood and may address some of these issues. He said that he felt that the applicant will work hard to solve any outstanding green space or parking issues. Commissioner Schiltz stated that he has concerns about the density of the project in this already dense residential neighborhood. He said that he felt the number of units will possibly increase the problems being experienced in the neighborhood. He stated that he has great respect for the applicant and admires the projects that he has undertaken. Motion by Bird, seconded by Smith, to approve the rezoning as submitted. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Bird, Schiltz and Stiles; Nay- None. PUBLIC HEARING\REZONING: Application of Don & Tanya Bycroft to rezone property located at 2025 Radford Road from R-1 Single-Family Residential District to OC Office Commercial District. Don Bycroft asked the Commission to rezone his property because of the change in the surrounding land use and development along Radford Road. He stated that he would like flexibility when leasing or selling his house. He stated that the OC District would offer him the ability to maintain the residential use or convert the house to an office. Staff Member Kritz outlined the staff report, discussing surrounding land use, including new commercial development and the middle school facility. He discussed the Comprehensive Plan's recommendations for the area and he said that two adjacent residences are currently discussing rezoning to OC District regulations. He discussed the street configurations and traffic in the area. Minutes - Zoning Advisory Commission May 4, 2005 Page 7 There were no public comments. Commissioners discussed the request and felt that because the neighborhood was in transition, the rezoning was appropriate. Motion by Christ, seconded by Smith, to approve the rezoning as submitted. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Bird, Schiltz and Stiles; Nay- None. PUBLIC HEARING\REZONING: Application of Dubuque Metropolitan Area Solid Waste Agency to rezone property located along Highway 20 West from AG Agricultural District to LI Light Industrial District. Don Vogt, City of Dubuque Public Works Director, stated that the request is to rezone 47.8 acres from agricultural to light industrial. He stated that the City is working with a local developer and business that would like to relocate along Highway 20. He stated that this is a joint City/private venture that will require extension of City services to the property. He discussed surrounding zoning. Commissioner Schiltz queried Mr. Vogt regarding ownership of the property. Mr. Vogt stated that the Landfill Agency is the property owner. He said the Landfill Agency is currently trying to acquire additional property. He stated that the additional property will be used as a borrow area, landfill cells, and to buffer adjacent property. Commissioner Smith asked if it is necessary to rezone all 47 acres to Light Industrial. Mr. Vogt said that the developer currently needs seven acres along Highway 20 directly adjacent to the Kluck property. Commissioner Smith said he feels that it is important for the adjacent R-1 property be buffered from industrial development. Kim Sanford, 103 Cousins Road, said that the subject property abuts his back property line. He stated that he does not want a recycling facility located in his back yard. He discussed the Southwest Arterial configuration and timeline. He asked the Commission to consider use of the adjacent commercial properties for the recycling facility. He asked that the Commission provide a buffer between the industrial activity and the residential properties. Karen Rokusek, 121 Cousins Road, said that she is one of three property owners that will be affected by the rezoning. She said that machinery operates seven days a week on the borrow property and generates noise and dust. She said the homeowners are stuck in limbo waiting for the City and State to decide how they wish to extend the highway and develop the property. She said any commercial redevelopment will de-value her property. She said that property owners on Cousins Road are stuck in a zoning quagmire. She asked that the Commission protect the neighborhood from further development. Tom Pfeiffer stated that he is a resident on Cousins Road. He asked why the City intends to rezone all 47 acres when only seven are needed for the facility. Minutes - Zoning Advisory Commission May 4, 2005 Page 8 Sally Heacock, 228 Heacock Road, said that part of her parent's farm has been bought by DMASWA. She stated that her mother was not necessarily interested in selling the property. She said that the landfill has excavated up to her parent's property line and created an erosion problem in their field. She said she is opposed to the proposed rezoning. Don Vogt said that the City will not be selling the property, but developing. a long-term lease. He said that the City has worked with the Iowa Department of Transportation regarding corridor improvements to ensure they are aware of the City's plans. He said that any access or redevelopment at this location will require IDOT approval. He said that currently the landfill cannot relocate. He stated that the seven acres intended for initial development will be immediately adjacent to the Kluck property with approximately 300 feet of frontage along Highway 20. Commissioner Hardie asked who the developer and recycling operator were. Mr. Vogt stated that Tim Hodge is the developer, and that BFI is the tenant. He stated that the proposed facility will be used as an equipment storage and recycling center. Staff Member Kritz outlined the staff report. He discussed the Highway 20 Corridor Preservation Zone. He said that the agenda packet included a letter from the IDOT stating that they are not opposed to the proposed rezoning. He said that the IDOT will review all site development within the Corridor Preservation Zone. He discussed rezoning of the entire parcel versus a small portion. He discussed surrounding land use with the Commission. Commissioner Schiltz stated he is concerned about the moratorium on Highway 20 development, especially to an area with no current access. He stated that he did not agree with the City's intention to lease land when they are currently seeking to acquire additional land for landfill expansion. He stated that he feels there is plenty of property in the area zoned appropriately for a recycling facility. He said that he feels that the proposal will conflict with the IDOT access policy. He said that it is not appropriate for the Commission to approve industrial use next to single-family housing. Commissioner Hardie said he will not support the rezoning along one of the City's gateways directly adjacent to residential development. He said he feels this kind of use is not appropriate in this area. He stated that there is plenty of room in the City's industrial parks and elsewhere in the community for a recycling facility. He said that the highway configuration has not been determined and he is hesitant to rezone until the plans are finalized. He stated that it is poor planning technique to develop acquisition property. He said he is not in favor of the rezoning request. Commissioner Smith said that the Commission should not approve a rezoning for industrial use against a residential use. He said that if the City does not feel that the proposed use is appropriate in their industrial parks, then it is not appropriate next to an R-1 Single-Family Residential zoning district. Minutes - Zoning Advisory Commission May 4, 2005 Page 9 Commissioner Bird stated that because there is other area available for such development, he will not support the proposed rezoning. Commissioner Christ said that she feels that light industrial zoning is not appropriate next to R-1 single-family residential development. Chairperson Stiles said that the City has not provided a buffer between the adjacent residences and that the proposed recycling facility would be located at one of the City's gateways. He said he feels that the proposed rezoning is not appropriate at this location. Motion by Smith, seconded by. Christ, to approve the rezoning as submitted. The notion was denied by the following vote: Aye - None; Nay - Smith, Hardie, Christ, Bird, Schiltz and Stiles. ADJOURNMENT: The meeting adjourned at 8:40 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted .----- .-