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Minutes Zoning Advisory Comm. 9 7 05 MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, September 7,2005 6:30 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa DRAFT PRESENT: Chairperson Jeff Stiles; Commissioners Steve Hardie, Ron Smith and Eugene Bird Jr.; Staff Members Kyle Kritz and Kay Munson. ABSENT: Commissioners Dick Schiltz and Martha Christ. 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: Motion by Hardie, seconded by Bird, to approve the minutes of the August 3, 2005 meeting as submitted. Motion carried by the following vote: Aye - Smith, Hardie, Bird and Stiles; Nay - None. ACTION ITEM\RUBLOFF DEVELOPMENT: Application of Rubloff Development Group, Inc. for approval of the site plan for a multi-tenant commercial building in Asbury Plaza. Staff Member Kritz noted the Asbury Plaza PUD Ordinance requires that the Zoning Advisory Commission review and approve site plans for Asbury Plaza. He stated that Outlot #5 is located north of the new Hy-Vee Convenience store. He noted that on the east corner there will be a new Starbucks drive thru. He said access will be off of the east frontage road, with no access from the Northwest Arterial. He said it will be a 16,000 square foot commercial building and is in compliance with the PUD. He recommended approval of the site plan. Motion by Bird, seconded by Hardie, to approve the site plan as submitted. Motion carried by the following vote: Aye - Smith, Hardie, Bird and Stiles; Nay - None. ACTION ITEM\LUKSETICH & SPAHN DEVELOPMENT: Application of Luksetich & Spahn Development for approval of the Preliminary Plat Ehrlich Farm Subdivision located at 1501 W. 32nd Street. Chris Spahn, Luksetich & Spahn Development, spoke in favor of the preliminary plat, reviewing the proposed street layout, access, number of lots, utlity extensions and storm water detention. He said that the main issue they have been working on is the variance in the change of grade for Street "A" off of W. 32nd Street to 10%. He noted the difference in grade from 12% to 10% is extremely costly to the developer. He requested a variance from the 10% grade. He also requested waiving the prohibition on double frontage for six lots along Street "A". ----~ ,/ ..; '/"Y Minutes - Zoning Advisory Commission September 7,2005 Page 2 Ken Buesing, Buesing & Associates, spoke regarding the plat. He noted that the street is about 1,100 feet long from W. 32nd Street to the top of the hill. He said that the topography is pure rock. He felt it would be extremely costly to change the grade to 10% to comply with the City's standard for collector streets. Commissioner Bird asked about Lots 15, 14 and 12 in Olympic Heights and the alignment of Street "B". Mr. Buesing indicated that if Street liB" moves to the left, it would require significant changes and the loss of several lots. Mr. Buesing noted that the applicant owns the lots in front of the aforementioned Olympic Heights homes. Chairperson Stiles noted that public input generally is not allowed for plats, but that a representative of the Olympic Heights homeowners was in attendance and was willing to speak for all. Paul Uhlrich, 489 Olympic Heights Road, spoke regarding Street "B". He requested that Street "B" be moved further to the west and adjoin the back yards to each other. He felt that Olympic Heights Road is not equipped to handle traffic flow to/from the subdivision. Mr. Uhlrich said the homeowners would like to have the proposed gate moved to the east. He added that they are against having construction traffic use Olympic Heights Road and would like to have the gate located at the top of Olympic Heights Road. Mr. Buesing responded that Olympic Heights Road is built to County standards and that the neighbors will not be "locked" out of their lots by the creation of this subdivision. Commissioner Hardie asked about Lots 13 and 16 that Mr. Uhlrich owns. Mr. Buesing indicated that it would be a problem to move Street "B" because it would then be located in a big ravine. Commissioner Hardie asked about the topography of the dedicated parkland and whether flooding could be a problem. Mr. Buesing indicated that there will be fill placed in the natural waterway which could have a storm sewer through it. Staff Member Kritz said there was concern voiced by the Engineering and leisure Services Departments regarding the parkland and that they will be addressing those concerns during the final plat stage of the development. Commissioner Bird stated that Harvest View Estates has a detention basin with a park at the base. He said the sewer runs beneath the detention area. Commissioner Smith asked if the applicant could obtain a permit to use a temporary road for construction vehicles from the Northwest Arterial. Brian Kane, attorney for the applicant, stated that the west end of Olympic Heights Road is not dedicated and that everyone will get easements to their property. He felt that this project is not feasible if a 10% grade is required for Street "A". He said that access from W. 32nd Street is necessary. Minutes - Zoning Advisory Commission September 7, 2005 Page 3 Staff Member Kritz reviewed the staff report and indicated that the applicant has been working with City departments on this plat. He explained that a preliminary plat is a planning tool designed to reach concerns on major issues and establish a framework for development of the property. Staff Member Kritz noted a couple of issues with a collector street at 12% grade versus 10% grade required. He said approximately 1,500 vehicle trips will be generated by the proposed development when fully developed and it will use a single access to West 32"d Street until Street "B" is extended to the west. Staff Member Kritz reviewed that six lots are double frontage lots, which are prohibited by the City's Subdivision Regulations. He recommended the lots be allowed, but that the Commission prohibit access to Street "A". He noted that storm water detention/control will be provided by the three detention basins. He added that sanitary sewer is a challenge because of topography and two lift stations will be necessary to serve the development. He said water is sufficient, but will be reviewed in detail as. part of the final plat. The Commission discussed that a lockable gate be installed.at the west end of Olympic Heights Road, to be used by Fire, City, etc. when necessary. Commissioners discussed that during construction, it is recommended that Olympic Heights Road not be used for construction vehicles. They suggested the applicant submit a request to the Iowa Department of Transportation for a permit for a "haul road" from the Northwest Arterial. Motion by Bird, seconded by Smith, to approve the request with the following conditions: 1) Waiving Section 42-19(b) for Lots 3, 4 and 5 of Block 1 and Lots 9,10 and 11 of Block 2 to allow the double frontage lots with the condition that the aforementioned lots have no access to Street "A". 2) Waiving the maximum grade for collector streets of 10% to allow Street "A" to have a grade of 12%. 3) That a lockable gate be installed at the top of Olympic Heights Road subject to adequate area being dedicated to the City as part of a future final plat. 4) That construction vehicles are prohibited from using Olympic Heights Road for access to the site. 5) That the applicant pursue a temporary construction access to the Northwest Arterial with IDOT and the City of Dubuque. Motion carried by the following vote: Aye - Smith, Hardie, Bird, and Stiles; Nay - None. PUBLIC HEARING\REZONING\LEO J. SULLIVAN (TABLED): Application of Leo J. Sullivan (tabled) to rezone property located in the 4000 Block of Peru Road from R-1 Single-Family Residential District to R-2 Two-Family Residential Zoning District. Minutes - Zoning Advisory Commission September 7, 200S Page 4 The applicant asked that this agenda item be tabled to the October S, 200S Zoning Advisory Commission meeting. Motion by Bird, seconded by Smith, that this agenda item be placed on the October S, 200S Zoning Advisory Commission agenda. Motion carried by the following vote: Aye- Smith, Hardie, Bird and Stiles; Nay - None. PUBLIC HEARING\TRI-ST A TE DEVELOPMENT CO.lJAMES & DORIS GRAF (TABLED): Application of Tri-State Development Co.lJames & Doris Graf (tabled) to rezone property located northeast of Seippel Road and Cottingham Road from R-1 Single- Family Residential District to CS Commercial Service & Wholesale District. Motion by Bird, seconded by Smith, to bring the matter back to the table. Motion carried by the following vote: Aye - Smith, Hardie, Bird and Stiles; Nay - None. Brian Lammers, 12998 English Mill Road, spoke regarding his request to rezone property to CS Commercial Service and Wholesale District. Mr. Lammers indicated he looked at rezoning a portion of the property to R-2 to create a buffer between the residences to the north and the proposed CS property. He said he has studied other zoning classifications and asked if mini storage might work, with limited access, with no lights or access after 10:00 p.m. and before 6:00 a.m. He indicated he is not interested in zoning part of the property for residential use. A representative of the neighbors, Sandy Welch, 7990 Old Highway Road, distributed a letter in opposition to this rezoning request. Ms. Welch indicated that at the previous Zoning Advisory Commission meeting, Mr. Lammers indicated he would meet with the neighbors and discuss a plan for the property he wishes to purchase from Mr. Graf. She indicated that no meeting took place. Ms. Welch reiterated that the neighbors she represents believe that zoning laws are in place to enable planned expansion and to protect residential areas of the City. She said they feel this rezoning would be detrimental to their properties and they believe that the zoning should remain residential. Commissioner Hardie indicated that the applicant has not demonstrated any significant change to his proposal from the last meeting and that he will vote to deny this application. . Commissioner Smith agreed with Commissioner Hardie and stated he will also vote to deny this application. Commissioner Bird asked the applicant whether he is willing to work with the neighbors on alternative zoning solutions. Mr. Lammers indicated that he would work with the neighbors but that for economic reasons, he felt commercial zoning is best for this development. Commissioner Bird indicated that the Commission cannot base its decision on economics. Minutes - Zoning Advisory Commission September 7, 2005 Page 5 Ms. Welch indicated that the neighbors have met several times with each other and that they are not willing to accept CS zoning behind their homes. Commissioners noted that CS zoning is not appropriate next to single-family homes and conditions have not changed in the area to warrant a rezoning. Motion by Bird, seconded by Hardie, to approve the rezoning request. Motion denied by the following vote: Aye - None; Nay - Smith, Hardie, Bird and Schiltz. PUBLIC HEARING\ WAYNE KLOSTERMANN/RIVER VALLEY NURSERY & LANDSCAPING INC.: Application of Wayne Klostermann/River Valley Nursery & Landscaping Inc. to rezone property located at 2813 Jackson Street from C-1 Neighborhood Commercial District to C-2 Neighborhood Shopping Center District. The applicant asked that this agenda item be tabled to the October 5, 2005 Zoning Advisory Commission meeting. Motion by Bird, seconded by Smith, that this agenda item be placed on the October 5, 2005 Zoning Advisory Commission agenda. Motion carried by the following vote: Aye- Smith, Hardie, Bird and Stiles; Nay - None. ITEMS FROM COMMISSION: Commissioner Hardie asked staff to include an article from the Des Moines Register regarding Echo Housing in the Zoning Advisory Commission packet for October. He also indicated he is not able to attend the October meeting. ADJOURNMENT: The meeting adjourned at 7:41 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted -, I .l.