Minutes Zoning Adv Comm. 5 4 05
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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
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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.
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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
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