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Minutes Zoning Advisory Com 6 1 05 11 MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, June 1, 2005 6:30 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque. Iowa D FT PRESENT: Chairperson Jeff Stiles; Commissioners Ron Smith~ Stephen Hardie, Martha Christ, Eugene Bird and Ben Roush; Staff Members Kyle Kritz and Guy Hemenway. ABSENT: Commissioner Dick Schiltz. 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 May 4. 2005 meeting were approved unanimously as submitted. ACTION ITEM\SITE PLAN REVIEW: Application of Premier Bank for approval ofthe new bank building at Asbury Plaza Shopping Center located at 2625 Northwest Arterial. Gary Bechtel, Project Architect from Durrant, offered to answer any questions Commission Members had. Staff Member Kritz outlined the PUD site plan requirement. He discussed the lot configuration, including the proposed access to the site. Commissioners felt the site plan was appropriate. Motion by Bird, seconded by Christ, to approve the Premier Bank site plan as submitted. Motion was approved by the following vote: Aye- Smith, Hardie, Christ, Roush. Bird, and Stiles; Nay -None. ACTION ITEM\PLA T OF SURVEY: Application of John & Catherine Stierman for approval of the Plat of Survey Stierman Gardens located on Sanders Lane, Dubuque County. John Stierman, 11513 Sanders Lane, said that he wants to split a 20-acre parcel into two 10-acre parcels. He said that he is not proposing a zoning change from the current A-1 district. He stated that he has been landscaping the property. Staff Member Kritz said that the plat of survey of Stierman Gardens will facilitate the construction of a new single-family home on Lot 2. He said there is currently a single- family home on Lot 1. He said that there is a platted 66-foot wide access; however, there is no lot frontage for Lot 1; therefore it is substandard. He recommended the Commission approve the plat of survey. Minutes - Zoning Advisory Commission June 1, 2005 Page 2 Commissioners discussed the request and felt it was appropriate. Motion by Bird, seconded by Smith, to approve the plat of survey of Stierman Gardens subject to waiving Article IV, Design and Improvement Standards, except for Section 42- 19, Lots and Blocks. Motion was approved by the following vote: Aye- Smith, Hardie, Christ, Roush, Bird, and Stiles; Nay -None. ACTION ITEM\FINAL PLAT: Application of City of Dubuque for approval of the Final Plat of Lots 1 thru 3 and Lots A, Band C of Dubuque Industrial Center West 3rd Addition located in Dubuque Industrial Center West. Staff Member Kritz presented the staff report. He said that the Commission had previously reviewed the rezoning and the final plat for the Dubuque Industrial Center West in 1998. He stated that the City's intention is to further subdivide the property and extend a new public road (Synergy Court) from Chavenelle Drive. He said that the subdivision will contain four new lots that will be served by a 66-foot wide right-of-way. He said that a Dubuque company will be relocating to one of the lots. He stated that the final plat is compliant with the City's subdivision standards. He asked that the Commission approve the final plat without requiring submittal of a preliminary plat as is required by Section 42- 19(b) . The Commission discussed the request and felt that it was appropriate. Motion by Hardie, seconded by Bird, to approve the final plat of Lots 1 thru 3 and Lots A, B and C of Dubuque Industrial Center West 3rd Addition waiving the preliminary plat requirement. Motion was approved by the following vote: Aye- Smith, Hardie, Christ, Roush, Bird, and Stiles; Nay -None. PUBLIC HEARING\REZONING: Application of Paul Papin to rezone property located at 2635/2641 University Avenue from R-1 Single-Family Residential District and R-2 Two- Family Residential District to R-3 Moderate Density Multi-Family Residential District. Paul Papin, 2955 Jackson Street, reviewed his request noting that the proposed rezoning will help the new property owner to redevelop what is currently an older mobile home park. Audrey Yarnall, 2653 University, spoke in opposition. She said she feels R-3 zoning is too intense for this neighborhood. Laura Westmark stated that she is the new owner of the subject property. She said she is in favor of the rezoning. She said that R-3 zoning will provide flexibility in her effort to redevelop the property. Minutes - Zoning Advisory Commission June 1, 2005 Page 3 Mr. Papin noted that the trailer spaces were gradually vacated as their owners moved out, but there are some that are still occupied. Staff Member Hemenway reviewed the layout of the existing lots, stating that there are nine to ten legally non-conforming mobile homes on the subject property. He reviewed the mixed-use nature of the area, the range of uses allowed by the R-3 zoning, and the amount of potential units that could be built if the lot were to be rezoned. He read a letter of opposition into the record that was submitted by Elsbeth Williams of 2645 University Avenue. Staff and Commission members reviewed the potential number of units that could be developed under the existing and proposed zoning request. They also reviewed potential lot layouts and bulk standards. Commissioners questioned whether a site plan will have to be submitted prior to multi-family residential development. They discussed potential improvements to the property, including paved and screened drives and parking. The Commission reviewed the existing development patterns in the neighborhood and access to the site. The Commission discussed the allowed uses in an R-3 District, noting that commercial uses are not permitted. Commissioner Christ felt that R-2 may be more appropriate for the property. Commissioners discussed the request and felt it was appropriate. Motion by Bird, seconded by Smith, to approve the rezoning request as submitted. Motion was approved by the following vote: Aye- Smith, Hardie, Roush, Bird, and Stiles; Nay- Christ. PUBLIC HEARING\REZONING: Application of Luksetich Spahn Development/Paul & Bernice Ehrlich to rezone property located at 1501 W. 32nd Street from AG Agricultural District to R-1 Single-Family Residential District. Flint Drake, of Kane Norby & Reddick, stated that he represents the property developer. He discussed the property layout and surrounding public streets and stated that R-1 is consistent with surrounding uses and Comprehensive Plan recommendations. Ken Buesing, Buesing & Associates, said that he and the developer had met with a group of neighbors and discussed the concept plan for the property. He stated that access issues were of primary concern. He said that the majority of the neighbors are in favor of the rezoning, but have concerns with the potential for additional traffic generated by the development. Paul Uhrlich, 489 Olympic Heights, said that he is in favor of the R-1 zoning, but is concerned with access. He said that two accesses from Olympic Heights are problematic because they will have to take his property to extend the street. Minutes - Zoning Advisory Commission June 1, 2005 Page 4 ., Greg Parker, 1665 W. 32nd Street, said that his property had a natural valley that would lend itself to a gradual access from West 32"d Street to the subject property. He offered to speak with the developer regarding utilization of his property for an access. Sandra Spencer, 1665 W. 32nd Street, said that she is an adjacent property owner and is concerned with drainage. She said that currently her property experiences flooding. Jane Russell, 485 Olympic Heights, said that she does not oppose R-1 zoning, but is concerned with the proposed Olympic Heights access. Rick Rogers, 495 Olympic Heights, said that he is not against the project, but is concerned with access and the condition of Olympic Heights Road. Jack Brandel, 319 Olympic Heights, said he is concerned with vehicular access to the proposed development. He recommended that the developer explore using the platted access. Flint Drake stated that a development of this size will require two accesses - one from Olympic Heights and the other from West 32nd Street. He stated that the Zoning Advisory Commission will have the opportunity to review access and other improvements during a future plat submittal. Staff Member Kritz said that the applicant's proposal is to develop a 1 08-acre subdivision. He said that the applicant has had preliminary discussions with the City regarding utilities, street access and storm water management. He said the request before the Commission is for rezoning only. He said that it is true that a development of this size will typically require a minimum of two accesses. He said that this is a challenging site because of its topography. He said that the City will discuss options with the applicant regarding extension of streets. He said that the subdivision will require adequate storm water management. He stated that the newly expanded West 32"d Street detention basin would serve this area. He said that any access extended for Olympic Heights would be designed in such a fashion as to discourage Highway 52 cut-thru traffic. Commissioner Smith asked if the development is going to be phased. Staff Member Kritz said that the City will encourage that if phased, the access from West 32nd Street will be the primary access. Commissioners discussed Olympic Heights right-of-way and private easements. Commissioner Bird said he feels this development is appropriate and is comfortable that the Commission will be able to review the plat for the property. Commissioner Smith stated that he is confident that the City will require adequate access, storm water and utility extensions. Minutes - Zoning Advisory Commission June 1, 2005 Page 5 Motion by Bird, seconded by Smith, to approve the rezoning request as submitted. Motion was approved by the following vote: Aye- Smith, Hardie, Christ, Roush, Bird, and Stiles; Nay -None. PUBLIC HEARING\REZONING: Application of Scott Potter/Davis Place LLC to rezone property located at 601 Garfield Avenue from R-3 Moderate Density Multi-Family Residential District to OR Office Residential District. Scott Potter reviewed his rezoning request, noting that the existing structure is dilapidated and will, in all likelihood, have to be removed and replaced with a new building. He said his intent is to build a 12-room SRO. He stated that he operates several other rooming houses on Garfield and that they are well managed with few problems and little complaints from neighbors. Staff Member Hemenway reviewed the request, noting the difference between R-3 and OR zoning. He discussed the surrounding zoning and land use. He stated that redevelopment of this property will have to meet all standards set forth in the Zoning Ordinance and Building Code. Commissioners discussed this request and felt that it was appropriate. Motion by Bird, seconded by Smith, to approve the rezoning request as submitted. Motion was approved by the following vote: Aye- Smith, Hardie, Christ, Roush, Bird, and Stiles; Nay -None. PUBLIC HEARING\REZONING: Application of Kevin & Nancy Conlon to rezone property located at 4310 Asbury Road from AG Agricultural District to C-3 General Commercial District. Nancy Conlon said that she is the property owner at 4310 Asbury. She stated that her request is to rezone from Agricultural to C-3 General Commercial. Staff Member Kritz outlined the staff report. He said that the Commission had reviewed a similar request for a parcel at 4616 Asbury Road. He said that the subject lot is odd- shaped with long narrow access to Asbury Road. He said the rezoning request represented an expansion of an adjacent C-3 District. He said that the C-3 would lie directly adjacent to the residential zone that encompasses Resurrection Church's property. Chairperson Stiles asked if the long, narrow access was a problem. Staff Member Kritz said that if the parcel were developed on its own, the access would limit some types of commercial development. He said that if the subject property were consolidated with the adjacent commercial property, access should not be a problem. The Commission discussed the request and felt that it was appropriate. Minutes - Zoning Advisory Commission June 1, 2005 Page 6 Motion by Bird, seconded by Christ, to approve the rezoning request as submitted. Motion was approved by the following vote: Aye- Smith, Hardie, Christ, Roush, Bird, and Stiles; Nay -None. PUBLIC HEARING\REZONING: Application of Alan Arzu/Patricia Scott to rezone property located at 2011/2015 Radford Road from R-1 Single-Family Residential District to C-2 Neighborhood Shopping Center District. The applicant was not in attendance~ Staff Member Kritz said that the property is located adjacent to the Bycroft property that was recently rezoned to OC Office Commercial District. He discussed surrounding land use and zoning. He said the area is changing with the addition of the middle school and new commercial development. He said that there are three-single-family residences at this location that are isolated from other residential neighborhoods. He discussed the uses permitted in an OC District. The Commissioners discussed the request and felt that due to the changing character of the neighborhood and adjacent OC property, the request is appropriate. Motion by Smith, seconded by Bird, to approve the rezoning request as submitted. Motion was approved by the following vote: Aye- Smith, Hardie, Christ, Roush, Bird, and Stiles; Nay -None. ADJOURNMENT: The meeting adjourned at 7:45 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted r::- G) -... I: '''') {< '. L: .:' (- -', '-,