Minutes Zoning Adv. Com. 8 3 05
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MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
VVednesday, August 3, 2005
6:30 p.m.
Auditorium, Carnegie Stout Library
360 VV. 11th Street, Dubuque, Iowa
DRAFT
PRESENT: Chairperson Jeff Stiles; Commissioners Ron Smith, Stephen Hardie, Martha
Christ, Eugene Bird, Jr., Dick Schiltz and Ben Roush; Staff Members Guy
Hemenway and Kyle Kritz.
ABSENT: None.
CALL TO ORDER: The meeting was called to order at 6:30 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 July 6, 2005 meeting were approved unanimously as
submitted.
ACTION ITEM\FINAL PLAT: Application of Asbury Dubuque LLC for approval ofthe Final
Plat Asbury Plaza No. 14 located in the Asbury Plaza Shopping Center.
Steven St. Peter, representing Asbury Dubuque, LLC, introduced himself to the
Commission and offered to answer any questions.
Staff Member Kritz stated that the final plat represented a subdivision ofthree lots and was
in compliance with all City standards. He recommended approval.
Motion by Bird, seconded by Schiltz, to approve the final plat of Asbury Plaza No. 14 as
submitted. Motion carried by the following vote: Aye - Smith, Hardie, Christ, Bird, Schiltz,
Roush and Stiles; Nay - None.
ACTION ITEM/FINAL PLAT: Application of City of Dubuque for approval of the Final Plat
for Dubuque Industrial Center VVest Lots 1 thru 3 and Lots A, B, and C of Dubuque
Industrial Center located at the Dubuque Industrial Center 4th Addition VVest.
Staff Member Kritz stated that the Commission was being asked to approve the same plat
as last time, but to correct a technical error in the legal description.
Motion by Smith, seconded by Bird, to arprove the final plat of Lots 1 thru 3, and Lots A, B,
and C of Dubuque Industrial Center 4t Addition VVest. Motion carried by the following
vote: Aye - Smith, Hardie, Christ, Bird, Schiltz, Roush and Stiles; Nay - None.
Minutes - Zoning Advisory Commission
August 3, 2005
Page 2
PUBLIC HEARING\AMEND PUD: Application of ID Associates/Aaron's to amend the
VVacker Plaza PUD Planned Unit Development sign regulations for property located at 806
VVacker Drive.
A representative of ID Associates reviewed his request with the Commission, stating that
he would like to install a 125-square foot freestanding sign for Aaron's, a new tenant in
VVacker Plaza. He said the current PUD regulations preclude them from doing so.
Tim Bemis stated that he is the property manager for Ruhl & Ruhl, who supervise the
VVacker Plaza development. He said that he was in favor of the proposed sign
amendment.
The manager of the adjacent VVendy's business asked how the change would affect
businesses around VVacker Plaza. Staff Member Hemenway stated that the proposed
amendment only affected signage within the VVacker Plaza PUD.
Staff Member Hemenway reviewed the current regulations for VVacker Plaza and the
proposed changes to the PUD sign regulations. He stated that there were currently three
freestanding tenant signs and one monument-style freestanding center identification sign
within the PUD. He stated that the applicant is asking to do five signs, any of which could
be tenant signs of up to 125 square feet.
Commissioners discussed this request and felt that it was appropriate for commercial
property and specifically for the VVacker Plaza PUD. The Commissioners stated that the
change did not represent a change in the number of signs, only in the content and square
footage.
Motion by Smith, seconded by Bird, to approve the amendment to the VVacker Plaza PUD
sign regulations as submitted. Motion carried by the following vote: Aye - Smith, Hardie,
Christ, Bird, Schiltz, Roush and Stiles; Nay - None.
PUBLIC HEARING\REZONING: Application of Leo J. Sullivan to rezone property located
in the 4000 Block of Peru Road from R-1 Single-Family Residential District to R-2 Two-
Family Residential District.
Leo Sullivan, 1940 Amelia Drive, reviewed the location and topography of the subject
property. He stated that the property's front is along Peru Road, which is busy and not
conducive to the development of single family residences. He stated that he felt that R-2
zoning, specifically the ability to build duplexes on this lot, would make the homes more
affordable and the development more lucrative. He stated that he had considered
improving the alley to City standards to gain access to the properties from the rear.
Oky Bandy, 3931 Inwood, spoke regarding the request. He stated that he is concerned
that there is no plan for development of the property. He said that he prefers that the
property remain single-family unless there is a plan that neighbors could review. Mr.
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Minutes - Zoning Advisory Commission
August 3, 2005
Page 3
Sullivan said that he had discussed improving the alley with City Engineering, and they
stated it would require creating a subsurface covered with pavement. He said he may
consider taking access off of Peru Road or the alley. He said he did not feel it was
possible to put three duplexes, one on each lot, on his property because the lots were only
50 feet wide.
Staff Member Hemenway reviewed the staff report, noting the size and shape of the three
subject lots. He discussed the setback, stating that they are the same as within an R-1
District. He discussed the variance that was approved for this property, stating that if the
property were to be resubdivided or if duplexes were to be built on the lot, the special
exception would no longer be valid. He reviewed the surrounding zoning and land use.
Commissioners reviewed the surrounding zoning and land use and the status of the
unimproved streets and alley. The Commission felt that three duplexes may be too dense
a residential development for this location. Commissioners discussed various development
scenarios and residential configurations, and asked Mr. Sullivan if he would be willing to
table his request and resubmit a plan showing where the duplex or duplexes would be
located. Mr. Sullivan agreed to work with City staff to develop a plan and resubmit the
information to the Commission for their review.
Motion by Smith, seconded by Bird, to table the rezoning request to the next regular
meeting. Motion carried by the following vote: Aye - Smith, Hardie, Christ, Bird, Schiltz,
Roush and Stiles; Nay - None.
PUBLIC HEARING\REZONING: Application ofTri-State Development Co.lJames & Doris
Graf to rezone property located northeast of Seippel Road and Cottingham Road from R-1
Single-Family Residential District to CS Commercial Service & Wholesale District.
Brian Lammers, 12998 English Mill Road, said that he would like to rezone the property
across Seippel Road from his existing commercial service development. He said that the
subject property is not conducive to residential development. He said that he will pipe
storm water across Seippel Road to his existing detention basin, and that he will screen the
commercial property from the adjacent residential development. He stated that it will take
at least one year or longer to develop the property.
Don Delaney, 14960 Old Highway Road, said that he lives in what is currently a residential
area, and he would like it to remain residential in character. He stated that commercial
development so close to his property will impact the value of his property and his quality of
life. He said that he felt that the proximity of the access to the subject property from the
intersection at Old Highway and Seippel Roads will be a problem.
Edith Wysocky, 14946 Old Highway Road, read an article to the Commission regarding
urban sprawl. She stated that the subject property is a beautiful corn field and she would
like it to remain so.
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August 3, 2005
Page 4
Sandy Welch, 7990 Old Highway Road, said that she lives on the corner of Seippel and
Old Highway Roads. She said she has concerns with traffic safety at the intersection. She
stated that residential development behind her property is more appropriate.
James Graf stated that he is a property owner in the area since 1971. He stated that the
commercial service zone will serve as a buffer between the City's heavy industrial in the
industrial park and the residential.
Margaret Delaney 14960 Old Highway Road, stated that she felt that the industrial areas to
the north and south should remain and that the subject property should remain as a
residential green space buffer.
Brian Lammers said that the proposed access intersection to his property would be 400
feet from the corner of Old Highway and Seippel Roads. He said that he has only owned
the property across Seippel Road for 18 months and has been working to develop and
market it. He stated that he is working closely with the City to get an approved plan in
place for access, street configurations, utility extensions, and storm water runoff.
Commissioner Bird discussed the original CS zoning and the provision of a residential
buffer. Brian Lammers said that he would have to discuss any buffer zone with his
partners.
Staff Member Kritz outlined the staff report. He said that the property in question was part
of the 1,000 acre Highway 20 annexation undertaken in 2000. He discussed the
surrounding land use and zoning. He said that the City has extended water to the property.
However, it is working to provide sewer which is approximately one mile away.
Chairperson Stiles said that he felt it would be possible for the applicant to provide a buffer
between his property and the adjacent residential development. Commissioner Hardie said
he was opposed to the rezoning without provision of a buffer. He stated that the applicant
has not demonstrated the reason to rezone the property. Commissioner Smith agreed.
Commissioners and Mr. Lammers discussed the buffer configuration and feasibility for the
property. Commissioner Schiltz said that he was concerned that the buffer required will be
difficult to market as residential development. Commissioners asked the applicant if he
would be willing to table his request and discuss provision of a buffer with his partners and
the neighbors. Mr. Lammers stated he would be willing to do this.
Motion by Christ, seconded by Bird, to table the request to the next regular meeting.
Motion carried by the following vote: Aye - Smith, Hardie, Christ, Bird, Schiltz, Roush and
Stiles; Nay - None.
PUBLIC HEARING\AMEND PUD: Application of Asbury Plaza LLC to amend the Asbury
Plaza Shopping Center PUD Planned Unit Development/PC Planned Commercial
designation to modify maximum building height.
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Minutes - Zoning Advisory Commission
August 3, 2005
Page 5
Steven St. Peter, representing Asbury Dubuque, LLC, said that Furniture ROW has a
prototypical store that needs to be a minimum of 35 feet in height. He said that he has
spoken with both representatives of Furniture ROWand other retailers within Asbury Plaza
and they have agreed to a 35-foot height limitation for out lots.
Staff Member Kritz said that the amendment for the PUD changes what is currently a 25-
foot height restriction on out lots to 35 feet. He said that he has sent notice to not only
people within 200 feet but to the tenants within Asbury Plaza and has received no
objections. He stated that because of Furniture ROW's location at the north end of the
development, it will not limit visibility to the interior retailers. He stated that the 35-foot
height limitation is germaine just to the Furniture ROW lot.
Commissioners discussed the request and felt that it was appropriate.
Motion by Bird, seconded by Schiltz, to approve the amendment to the Asbury Plaza PUD
as submitted. Motion carried by the following vote: Aye - Smith, Hardie, Christ, Bird,
Schiltz, Roush and Stiles; Nay - None.
PUBLIC HEARING\REZONING: Application of Michelle Mihalakis/Gronen Properties LLC
to rezone property located at 2080 Elm Street from R-3 Moderate Density Multi-Family
Residential District to OR Office Residential District.
Michelle Mihalakis reviewed her request, noting the need for a rooming and boarding
house within the city that caters just to women. She stated the former use was relatively
intense with a large church with substandard parking. She stated the church would have
generated much more traffic than her proposed rooming house. She said that the project
will help to revitalize the area and that the design would compliment the existing
architecture in the neighborhood. She discussed available parking in the area.
David Chatfield, 3739 Inwood Street, stated that he was representing his mother, Mildred
Butikof, who lives at 2099 Elm Street. He said his mother is opposed because of an
increased demand for on-street parking, traffic congestion, increased density, lack of green
space and recreational area, and the potential for negative impact on property values in the
neighborhood. Mr. Chatfield presented a petition in opposition. He stated that the church
operation was very limited in duration, not 24/7 like the rooming house would be.
Ms. Mihalakis reviewed a schematic of the parking and building layout with the
Commission. She stated that the projected demand for parking for a single-room
occupancy rooming house is very limited. She stated that Scott Potter runs several SROs
and that he has very little demand for parking. Ms. Mihalakis reviewed the room layout of
the building and stated that the building will be for single women and that no children would
be permitted.
Staff Member Hemenway reviewed the request, noting the letters receiving in favor and
opposition to the proposed rezoning. He reviewed the existing and proposed zoning,
Minutes - Zoning Advisory Commission
August 3,2005
Page 6
allowed uses and the surrounding zoning and land use. He reviewed existing on-street
parking restriction and the proposed Zoning Board of Adjustment actions for setback and
parking variances.
Commissioners discussed the request and felt that a rooming house would generate little
demand on parking and is appropriate at this location.
Motion by Christ, seconded by Smith, to approve the rezoning as submitted. Motion
carried by the following vote: Aye - Smith, Hardie, Christ, Bird, Schiltz, Roush and Stiles;
Nay - None.
ITEMS FROM STAFF: Staff distributed the Visual Preference Survey for the
Commission's participation. Staff Member Kritz asked the Commission if there were any
major issues regarding the update of the Zoning Ordinance and Subdivision Regulations
that they wished to include with the ordinance re-write. Commissioners were unanimous in
their request that the permitted uses within each district be reviewed and that they be
updated or a system that clarified the permitted uses be examined. Chairperson Stiles
asked that the ordinance include more restrictive requirements for site lighting for
commercial and industrial development.
ADJOURNMENT: The meeting adjourned at 8:00 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner
Adopted
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