Minutes_Zoning Advisory Commission 6 6 12THE CITY OF
Masterpiece on the Mississippi
MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
6:00 p.m.
Wednesday, June 6, 2012
City Council Chamber
350 W. 6th Street, Dubuque, Iowa
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Dubuque
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PRESENT: Chairperson Charles Miller; Commissioners Ron Smith, Stephen Hardie,
Martha Christ, Patrick Norton, Charles Miller, Tom Henschel and Eugene
Bird Jr.; Staff Member Kyle Kritz.
ABSENT: None.
CALL TO ORDER: The meeting was called to order at 6:00 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 May 2, 2012 meeting were approved as submitted.
ACTION ITEMIPRELIMINARY PLAT NORTH RIDGE ESTATES: Application of We
Development LLC / MSA Professional Services Inc. for approval of the Preliminary Plat
North Ridge Estates located at 4168 Peru Road.
Pat Ready, MSA Professional Services Inc., reviewed the proposed subdivision noting that
38 single - family home building lots will be created and that several of the lots will be part of
the ECIA program that helps defray some of the down payment costs for first time
homebuyers.
Mr. Ready indicated that they are working on storm water management requirements with
the City Engineering Department and will meet the regulations and policies for storm water
control. He explained that the submitted plat complies with the Unified Development Code
requirement for 40 points of sustainable techniques; these techniques include LED street
lighting, preservation of existing mature trees on the property, provision of 15 solar lots and
that all buildings will meet the State's green building code. He noted that City water and
sewer are available on Peru Road and will be extended throughout the subdivision. He
said the plat includes two new public streets — Marisa Ridge and Cayden Court, and both
streets will be built with 50 foot of right -of -way and 31 foot of paving. Mr. Ready indicated
that Marisa Ridge will function as a collector street and City Engineering has agreed to
allow it 31 foot of paving rather than 37 feet, provided off - street parking is restricted to one -
side only. He noted that the subdivision has been laid out to minimize grading and
Minutes – Zoning Advisory Commission
June 6, 2012
Page 2
preserve the existing trees on the site to the extent possible. Mr. Ready also reviewed the
new ADA requirements for crosswalks and curb ramps at street intersections.
Commissioner Hardie indicated that he is disappointed that the developer was choosing to
not donate land for recreational /open space and would still have preferred the dedication of
open space even if it is not suitable for play area.
Mr. Ready indicated that they did look at potential areas, but because of the sloped
topography of the site and that the overhead power lines that run through Lot B at the
northern end of the site there was just not an area conducive to open space. Mr. Ready
indicated that the lots were somewhat larger in size and range between 7,000 – 10,000
square foot per lot. Mr. Ready also noted that the developers are dedicating over an acre
to the City for right -of -way purposes along Roosevelt and Peru Roads.
Commissioner Smith asked about the access for Lots 37 and 38. Mr. Ready replied that
those two lots will gain access from Peru Road. Commissioner Smith then asked about
Lots 39 -42. Mr. Ready replied that at this point the final plat will combine those four lots
into one or they will be added to lots fronting on Marisa Ridge.
Staff Member Kritz reviewed the location of the proposed subdivision. He noted that the
proposed subdivision will include two public streets — Marisa Ridge and Cayden Court —
both having 50 foot or right -of -way and 31 foot of paving. Marisa Ridge will function as a
collector street and the City Engineering Department has agreed to allow it at a 31 foot
width paving provided parking is restricted to one side. He explained Cayden Court will
allow parking on both sides. Marisa Ridge also will be stubbed to the north as City staff
feels that eventually the property to the north and east will develop in the future and Marisa
Ridge would serve as a collector street for future development. He noted the submitted
subdivision does require a waiver of the maximum grade for a collector street which is
limited to 10 %; however, there is a small section of Marisa Ridge that is 12 %. He said City
Engineering does not object to the 12% for a short distance, as there is adequate transition
to 4% before it intersects with Peru Road.
Staff Member Kritz also pointed out that the existing house on the lot is situated on an
approximately 20,000 square foot lot, but that the front yard setback from Marisa Ridge
would only be 15 foot where City standard is 20 foot. He said approval of the final plat
would make the lot a legal non - conforming lot, and this has occurred elsewhere in the City
on infill development sites.
Staff Member Kritz indicated that City sewer and water is available from Peru Road and will
be extended throughout the subdivision. He reviewed the proposed 40 points sustainable
techniques that the developer is proposing including utilizing the green building code for
100% of the new homes, LED street lights, preservation of existing trees on the site, noting
that the covenants will be written to insure that the area around the trees is fenced off so
root systems are not compacted during construction of homes or the street, that the
Minutes — Zoning Advisory Commission
June 6, 2012
Page 3
applicant has proposed planting street trees in compliance with the City's street tree policy,
and that the applicant is proposing 15 solar lots in the subdivision.
Staff Member Kritz reviewed that the criteria contained in the Unified Development Code
requires 70% of a subdivision must meet the solar lot criteria, which in this case would
require 27 lots. He noted that the City Planner, Laura Carstens, has approved the proposal
to get 15 points or half the points possible by providing over half of the required number of
lots.
Staff Member Kritz also reviewed the surrounding zoning and land use noting that the
Boyes' salvage yard is adjacent to the subdivision on its south side. He noted a copy of
the screening requirements for salvage yards was attached to the staff report for the
Commission's review.
Staff Member Kritz recommended approval of the submitted preliminary plat, subject to
waiving the maximum collector street grade to allow 12 %, where 10% is required.
Commissioner Norton expressed concern with awarding points for solar lots less than the
70% specified in the UDC, not specifically having a problem with the current request, but
that he would not like to see where someone puts in 7 solar lots, they would get 7 points as
an example.
Staff Member Kritz indicated that City Planner, Laura Carstens, and he also share that
concern. Commissioner Norton indicated that perhaps the UDC should be amended to
reflect the ability to get half the points for half of the required solar lots.
The Commission discussed the guidelines for park and open space in the Unified
Development Code. They discussed that their recommendation as part of the UDC was
that it be a requirement, but that as part of the UDC review process, the City Council
changed the UDC to make it a guideline.
The Commission noted that several developers had provided comments to the City Council
that they would not be able to claim the dedication of park /open space in the City as a tax
deduction if it was a requirement.
Commissioner Henschel indicated concern that the subdivision is relying on storm water
detention rather than absorbing the storm water, but he was pleased that the City
Engineering Department has worked with the engineer for the developers and that the
solution is the best given the restrictions of the site.
Motion by Hardie, seconded by Smith, to approve the Preliminary Plat North Ridge Estates
subject to waiving the maximum collector street grade to allow 12 %, where 10% is
required. Motion carried by the following vote: Aye— Smith, Hardie, Christ, Norton, Miller,
Henschel and Bird; Nay — None.
Minutes — Zoning Advisory Commission
June 6, 2012
Page 4
PUBLIC HEARINGIREZONING: Application of the City of Dubuque to rezone property
located at the southwest corner of 16th Street and Kerper Boulevard from POS Public Open
Space to C -3 General Commercial District
Staff Member Kritz reviewed the staff report, reviewing the request to rezone the southwest
corner of 16th Street and Kerper Boulevard from POS Public Open Space to C -3 General
Commercial. He reviewed that a portion of this area was created through the removal of
silt material from the 16th Detention Basin that was dewatered and compacted to create
this additional building area along 16th Street. He said that the property on the west side of
the freeway was a parking lot for the former Dubuque Packing Company site and the small
half -acre parcel on the south side of the Bee Branch outlet to the 16th Street Detention
Basin was also paved and used for parking previously.
Staff Member Kritz reviewed the surrounding zoning and land use, noting that the property
was zoned HI Heavy Industrial until 1993 when, as part of implementation of the Freeway
Corridor Plan, it was rezoned to POS Public Open Space. He also reviewed existing traffic
counts for 16th Street and noted that City Engineering has been in the process of
evaluating 16th Street and working with the developer of the former pack site to coordinate
future improvements to the 16th Street corridor. He said the study has encompassed
intersections from 16th & Elm to Admiral Sheehy Drive to identify appropriate improvements
in the future to accommodate increased vehicle trips.
No one spoke regarding the request.
The Zoning Advisory Commission discussed the half -acre parcel on the south side of the
Bee Branch Creek and inquired about whether it could be more useful as an open space
area or part of a bike path. The Commission discussed the improvements as part of the
Bee Branch restoration project.
Staff Member Kritz indicated that open space, bike trails and play areas are incorporated
as part of the Bee Branch Creek restoration project and, there is discussion of running a
bike path along the water's edge, between the new businesses that will locate along 16th
Street and the existing 16th Street Detention Basin.
Motion by Hardie, seconded by Christ, to approve the rezoning request, as submitted.
Motion carried by the following vote: Aye — Smith, Hardie, Christ, Norton, Miller, Henschel
and Bird; Nay — None.
ADJOURNMENT: The meeting adjourned at 6:40 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted