Minutes_Zoning Advisory Commission 1 4 12Masterpiece on the Mississippi
MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
6:00 p.m.
Wednesday, January 4, 2012
City Council Chamber
350 W. 6th Street, Dubuque, Iowa
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PRESENT: Chairperson Charles Miller; Commissioners Stephen Hardie, Martha Christ,
Patrick Norton, Tom Henschel and Eugene Bird Jr.; Staff Members Kyle Kritz
and Guy Hemenway.
ABSENT: Commissioner 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.
CALL TO ORDER: The meeting was called to order at 6:00 p.m.
MINUTES: The minutes of the December 7, 2011 meeting were approved, unanimously,
as submitted.
ACTION ITEMIFINAL PLAT: Application of IIW, P.C. / CRDS Development, Inc. for
approval of the Final Plat Giese Subdivision of 2225 Kerper Boulevard.
The applicant was not in attendance.
Staff Member Kritz said that the request is to split a lot creating a substandard lot with no
frontage. He discussed the lot location and building configuration for the property and
noted that Staff has no objections to the request.
The Commission discussed the request and felt that it is appropriate.
Motion by Norton, seconded by Henschel, to approve the Final Plat Giese Subdivision
subject to waiving the lot frontage requirements for Lot 1. Motion carried by the following
vote: Aye — Hardie, Christ, Norton, Henschel, Bird and Miller; Nay — None.
PUBLIC HEARINGIREZONING: Application of Julia Cheung & Alex Fursov to rezone
property located next to 3150 Asbury Road (Northwest corner of Asbury Road &
Evergreen) from R -1 Single - Family Residential District to OC Office Commercial District.
Minutes — Zoning Advisory Commission
January 4, 2012
Page 2
Julia Cheung, 3150 Asbury Road, spoke in favor of her request. She reviewed her and her
husband's background including moving from the Ukraine, gaining U.S. citizenship,
undertaking a college education and having experience in food preparation and business
management. She reviewed her proposed deli and catering business noting that the
building would be approximately 900 square feet in size with adequate off - street parking
and that there would be few employees. She said that she would comply with sign
regulations and would be sensitive to the surrounding residential properties. She said that
she would observe the City's health regulations and site plan requirements for her
business.
Craig Reber, 3165 Asbury Road, spoke in opposition to the request noting that the area is
primarily residential with some scattered commercial properties. He said he is concerned
with the list of uses permitted in the OC District and how they potentially may impact the
neighborhood.
Bill Kehler, 2205 Evergreen Drive, spoke in opposition to the request. He said that there
are 35 residences along Evergreen Drive and that 33 of the home owners signed a petition
in opposition to the request. He said that the neighbors are concerned with the existing
traffic situation, both with moving vehicles and vehicles parked along the street. He
discussed traffic concerns related to the adjacent church and church parking lot and the
Lux Club. He said he is concerned with exterior garbage storage and associated smells
and the potential noise generated by the business. He submitted a petition in opposition to
the rezoning request signed by area neighbors.
Anita Gansen, 2385 Evergreen Drive, stated that she agrees with the previous speakers
and noted that there are existing storefronts in the area that are available for commercial
use.
Holly Kamm, 3175 Asbury Road, said that she is a long -time neighborhood resident. She
reviewed the neighborhood history, including the former and current business development
along Asbury Road. She said that the area she lives in is predominately residential. She
expressed concern with traffic safety and sanitary sewer service.
Robert and Donna Shaw, 2210 Evergreen, said they agree with the previous speakers
regarding their concerns with traffic safety and demand for off - street parking along
Evergreen Drive. The Shaw's said they are having problems with cars turning around in
the residential driveways along Evergreen Drive They expressed concerns with exterior
garbage storage and its potential to attract rodents.
Peter Sweeney, 2240 Graham Circle, said that he is speaking for his mother who lives at
3126 Asbury Road. He said that he is opposed to the request because he feels that a deli
is not compatible with the surrounding residential area. He noted concerns regarding traffic
safety.
Minutes — Zoning Advisory Commission
January 4, 2012
Page 3
Joyce Gansen, 2385 Evergreen Drive, said that she agrees with the previous speakers.
She expressed concerns with pedestrian, bicycle and vehicular traffic safety in the
neighborhood.
Emily McDonagh, 2270 Evergreen Drive, said that she supports the applicants' business
venture but feels that there are better locations in the community for this kind of business
other than the existing residential neighborhood.
Holly Richey, 2233 Evergreen Drive, spoke in opposition to the request. She said that she
just purchased a house in the neighborhood and that she agrees with the comments of the
previous speakers.
Deb Pic - Deutmeyer, 2325 Evergreen Drive, spoke in opposition to the request noting
concerns with traffic safety.
Gene Geisen, 3131 Asbury Road, spoke in opposition to the request expressing concern
with the volume of traffic along Asbury Road and traffic safety in general in the
neighborhood.
Julia Cheung, stated that currently there is a large volume of traffic along Asbury Road and
that the area has changed from a quiet residential area to a busy thoroughfare. She noted
that she could conduct catering as a home -based business but she needs to rezone the
property because the take -out deli would not be permitted in the current district. She said
that the business would be small, with approximately 20 -30 customers per day, and that
the traffic generated by her proposed business would be very insignificant compared to the
existing traffic along Asbury Road. She said that a parking lot will be built to accommodate
her customers. She said it is not her fault that Evergreen Drive is used as a shortcut from
adjacent residential streets to Asbury Road. She said she would agree to put in screening
to buffer the adjacent residential properties and that she will follow all sanitation rules and
garbage collection requirements. She said that she would not allow any trash or litter to be
blown around the property and that she is willing to take access wherever it is required,
including along Asbury Road. She said that her development will follow all relevant City
rules and regulations. She said if the deli business were to fail, the 900 square foot
building could be reutilized as some sort of low- intensity, office -type use.
Staff Member Hemenway outlined the staff report. He noted receipt of letters from the
neighbors opposed to the request. He reviewed notification requirements and surrounding
zoning and land use. He discussed the existing traffic and potential trip generation as it
regards the proposed deli and catering business. He said that the Zoning Advisory
Commission has the ability to limit the number of uses permitted in the OC district through
the conditional rezoning process. He said that any development at this site would require a
site plan that addresses access from the subject lotto the adjacent public streets, required
parking, storm water management, and trash sequestration.
Minutes — Zoning Advisory Commission
January 4, 2012
Page 4
Commissioner Norton asked if staff has projected vehicular trips for the deli. Staff Member
Hemenway said no and Staff Member Kritz clarified that the ITE manual does not specify
deli, but does discuss trips generated by a fast food restaurant, which he said is not similar.
Commissioner Norton said that he feels the small size of the building and lot would
constrain the amount of traffic generated by the business. He said that, in all likelihood, it
would have little additional impact to the existing residential neighborhood. He said that
the request is somewhat in keeping with the sustainability goals being promoted by the City
as they encourage mixed -use development within neighborhoods.
Commissioner Bird inquired about the former zoning that had been undertaken for the
chiropractic clinic along Asbury Road just west of the subject property. Commissioners
discussed the former rezoning of the chiropractic clinic.
Commissioner Henschel said that he is concerned about the potential impact of a business
on the surrounding residential properties.
Chairperson Miller thanked those in attendance noting that the Commission's charge is to
review the criteria for granting a rezoning. He stated he cannot support the request.
Commissioner Hardie said that the subject lot is located in a predominately residential
area, the chiropractic clinic notwithstanding. He said former rezonings along Asbury Road
do not justify approving another rezoning. He noted concerns with traffic safety and site
access.
Commissioner Christ said she agrees with Commissioners concerns regarding traffic and
said that she sees no compelling reason for the rezoning.
Motion by Hardie, seconded by Christ, to approve the rezoning request. Motion denied by
the following vote: Aye — None; Nay — Hardie, Christ, Norton, Henschel, Bird and Miller.
PUBLIC HEARING \AMEND PUD: Application of the City of Dubuque to amend the
Historic Millwork District PUD Conceptual Development Plan to allow for Intermodal Center
and an 80 -space surface parking lot located in the Historic Millwork District.
Aaron DeJong, Assistant Economic Development Director for the City of Dubuque,
discussed the history of the Historic Millwork District and explained how the district has
evolved. He said when the district was initially created, passenger rail service to Dubuque
was not anticipated. He said that the area that will accommodate the intermodal facility
had originally been designated as a location for a park. He said, however, that the
intermodal facility and platform will ideally be located along the railroad track between 9th
and 11th Streets. He discussed the intermodal facility site configuration including the
location of the surface parking, ramp, platform and intermodal terminal.
Minutes — Zoning Advisory Commission
January 4, 2012
Page 5
Bob Johnson, 1079 Elm Street, said that the proposed intermodal facility will border his
property. He said that he has studied the plans for the facility and he fully supports the
amendment to the PUD that changes the park use to accommodate the intermodal facility.
Commissioner Henschel said that he is in favor of the request. He said that the
development of the Historic Millwork District is very exciting and that the facility is
impressive.
Commissioner Hardie said that it is unfortunate that the park area is being eliminated. He
said that he is somewhat ambivalent about the intermodal facility.
Chairperson Miller asked if green space will be located elsewhere within the district. Staff
Member DeJong said that provision of green space has been considered for the Historic
Millwork District and that the intent is to create a highly active urban space that may be
small, but have quality amenities.
Staff Members Kritz and DeJong discussed the potential bike /hike connections from the
Historic Millwork District to adjacent parks and trails.
The Commission discussed the request and felt it is appropriate.
Motion Christ, seconded by Henschel, to approve the amendment to the Historic Millwork
District. Motion carried by the following vote: Aye — Hardie, Christ, Norton, Henschel, Bird
and Miller; Nay — None.
PUBLIC HEARING \TEXT AMENDMENT: Application of the City of Dubuque to amend
Section 16- 11 -15(k) Streets of the Unified Development Code to incorporate Complete
Streets Policy.
Staff Member Kritz outlined the request to amend the Unified Development Code to adopt
a Complete Streets Policy. He defined Complete Streets and said that if the policy was
adopted subdivisions would still be reviewed on a case -by -case basis by the Commission
and Council. He said that application of the Complete Streets policy will primarily impact
City street projects but that developers of new subdivisions with local residential streets
would still be required to install sidewalks and curb ramps. He said that it would be unlikely
that transit stops or bike paths would need to be accommodated on a new local residential
street within a new subdivision.
Chairperson Miller asked for clarification regarding potential for restricted driveway access.
Commissioner Hardie asked whose responsibility it is to require the Complete Streets
measures. Staff Member Kritz noted that staff would recommend measures to fulfill the
Complete Streets Policy, but it would be a policy not a strict regulation. He said that both
the Commission and Council would have the ability to review subdivision plats and the
application of the Complete Streets policy.
Minutes — Zoning Advisory Commission
January 4, 2012
Page 6
Tony Zelinskas, 1405 Oeth Court, said that he is the president of the Tri -State Trail Vision
Coalition. He spoke in favor of the request noting the enthusiasm for additional bike /hike
opportunities in the community.
Commissioners discussed the request and felt it is appropriate.
Motion by Hardie, seconded by Christ, to approve the amendment to Section 16- 11 -15(k)
of the Unified Development Code. Motion carried by the following vote: Aye — Christ,
Norton, Hardie, Henschel, Bird and Miller; Nay — None.
ITEMS FROM THE PUBLIC:
Phil Mihalakis, 2602 Hacienda Drive, noted concerns with the disposition of the vacant lots
he owns along 12th Street that he says have been incorporated into the Historic Millwork
District. He said he felt that they should not have been included in the Historic Millwork
District PUD and asked for the rationale behind the inclusion. He said that when he
continually contacts the City and asks why he was included, he has not been provided an
answer. He said that he feels that the property he owns is being closed in on by
development.
Staff Member Kritz recommended that Mr. Mihalakis contact the Planning Services
Department regarding his questions and concerns.
ADJOURNMENT: The meeting adjourned at 7:45 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted
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