Minutes Zoning Adv. Comm. 10 5 05
MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
Wednesday, October 5, 2005
6:30 p.m.
Auditorium, Carnegie Stout Library
360 W. 11th Street, Dubuque, Iowa
D
FT
PRESENT: Chairperson Jeff Stiles; Commissioners Ron Smith, Martha Christ, Dick
Schiltz and Eugene Bird, Jr.; Staff Members Kyle Kritz, Guy Hemenway and
James O'Brien.
ABSENT: Commissioner Stephen Hardie.
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: Chairperson Stiles noted the vote on Tri-State Development at the September
7, 2005 meeting should be changed from Schiltz to Stiles because Commissioner Schiltz
was absent. The minutes of the September 7, 2005 meeting were approved unanimously
as modified.
ACTION ITEM\FINAL PLAT: Application of Mike Stecher, North Cascade Road, for
approval of the final plat of Key City Properties Plat No.2 in Dubuque County.
Mike Stecher, 2725 Shady Lane, stated that he would like to split off a small portion of his
approximately 40 acre lot.
Staff Member Kritz said that Mr. Stecher's request is similar to the plat he previously
submitted that was approved by the Commission. He said that the lot and street
configuration is the same except that there is a small change in the size to the lot that lies
along North Cascade Road. He recommended the Commission approve the plat.
Motion by Schiltz, seconded by Christ, to approve the final plat of Key City Properties No.
2, waiving Section 42-19, Lots and Blocks. Motion was approved by the following vote:
Aye - Smith, Christ, Bird, Schiltz and Stiles; Nay - None.
PUBLIC HEARING\REZONING\4000 BLOCK OF PERU ROAD: 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.
Leo Sullivan submitted a rendering of the duplexes he proposed to place on the property.
He reviewed the surrounding land use, and noted that his property is adjacent to a very
busy street and located in a mixed used neighborhood. Mr. Sullivan said he felt that selling
single-family homes along Peru Road would be very difficult. He stated that his intention is
to consolidate the three lots into two, and then construct two duplexes for a total of four
units, rather than three single-family dwellings.
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October 5,2005
Page 2
Commissioners clarified the surrounding land use with the applicant. Chairperson Stiles
noted the receipt of three letters from adjacent property owners opposed to the rezoning
request.
Staff Member Hemenway reviewed the lot consolidation proposed by the applicant. He
discussed surrounding land use and zoning. He stated that if developed as single-family
residential, the property could accommodate three units, and if developed for duplexes on
the consolidated lot configuration, four units could be built.
Commissioners reviewed the previous request by Mr. Sullivan and compared it to what he
currently proposed. Commissioners noted that if rezoned to R-2 with three lots, he could
have up to six units. Commissioner Smith noted that he would not support the request
because of opposition by neighbors and the topography of the lot. Commissioner Bird
agreed. The Commission also expressed concerns regarding the amount of traffic along
Peru Road.
Motion by Bird, seconded by Smith, to approve the rezoning request as submitted. Motion
was denied by the following vote: Aye - none; Nay - Smith, Christ, Bird, Schiltz and Stiles.
PUBLIC HEARING\REZONING\2813 JACKSON STREET: Application of Wayne
Klostermann/River Valley Nursery & Landscaping Inc. (tabled) to rezone property located
at 2813 Jackson Street from C-1 Neighborhood Commercial District to C-2 Neighborhood
Shopping Center District.
Wayne Klostermann reviewed the proposed plan for his business. He stated that he wants
to operate his landscaping business and nursery from the Jackson Street location.
Jeff Jackson, 2849 White Street, submitted a petition with 20 signatures of surrounding
property owners opposed to the rezoning request. Mr. Jackson stated that the landscaping
business was originally billed as a flower shop but he sees no evidence that there are
flowers being sold from this location. He stated that the applicant has had stone block,
gravel, rocks, pallets, trucks, etc. on the property and it appears to be a contractor shop.
He expressed concerns that the C-2 District will allow a broad spectrum of uses that may
have a great impact on the residential neighborhood.
Rodney Coyle, 2815 White Street, spoke in opposition to the request. He said he shared
many of the same concerns expressed by Mr. Jackson. He stated that the current nursery
has a greenhouse structure with no roof and that all of the flowers inside are dying. He
expressed concerns with safety for his children around the site.
Mr. Klostermann stated that a roof is not necessary on the greenhouse structure to grow
landscaping. He said that much of the landscaping is currently dormant. He stated that he
is not aware of people cutting block on the site but if block is cut in the future, it will be
done indoors. He stated he is willing to work with the neighbors.
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October 5, 2005
Page 3
The Commission asked if semis delivered materials to the site. Mr. Klostermann stated
that there had been four semi deliveries this season.
Commissioners reviewed the current use of the property and noted a violation letter from
the City to Mr. Klostermann regarding illegal operation of his landscape business in a C-1
District.
Staff Member Hemenway reviewed Mr. Klostermann's request, noting the complaints
received from adjacent property owners regarding the landscaping business. He stated
that based on complaints, the Planning Services Department investigated the property and
found that the landscaping business was illegally operating. He reviewed the site layout,
including the buildings and storage area.
Commissioners inquired as to what would happen if the rezoning was denied.
Commissioners noted the property formerly operated as Hopper's greenhouse. The
Commission reviewed the petition submitted by the adjacent property owners.
Commissioners reviewed the posted hours of operation which they deemed very short,
stating that the business appeared to be landscaping, and not a flower shop.
Commissioners expressed concerns with the number of uses permitted in a C-2 District as
they related to the adjacent residential properties. Commissioners felt that the landscaping
operation was too intense at this location.
Motion by Smith, seconded by Bird, to approve the rezoning as submitted. Motion was
denied by the following vote: Aye - None; Nay - Smith, Christ, Bird, Schiltz and Stiles.
PUBLIC HEARING\REZONING\4855 OLD HIGHWAY ROAD: Application of Joseph
Walbrun to rezone property located at 4855 Old Highway Road from R-3 Moderate Density
Multi-Family Residential District to C-3 General Commercial District.
Joseph Walbrun reviewed the previous use of his site as a dog kennel. He stated that he
feels the area has been changing, and that he would like to sell the property for a
commercial-oriented use.
Staff Member Hemenway reviewed the request, noting the surrounding zoning and land
use, including recent commercial construction to the east of the subject property.
Commissioners reviewed the surrounding zoning and land use and location of the
residences adjacent to the rezoning request. Commissioners discussed the difference
between C-2 and C-3 zoning and whether C-2 may be more appropriate sandwiched
between two residences. Commissioners felt that it may be appropriate to rezone the two
lots to the east of the subject property to C-3 so that an island of commercial between the
residential properties was not created. Commissioners discussed rezoning options.
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October 5,2005
Page 4
The applicant indicated that in talking with the neighbors, it may be possible to include the
adjacent property to the east but that his time frame would not allow him to wait for the
neighbors rezoning.
Commissioners discussed the request and expressed concerns about intense commercial
development between residential.
Motion by Smith, seconded by Christ, to approve the rezoning request as submitted. The
motion was denied by the following vote: Aye - Smith, Christ, and Stiles; Nay - Bird and
Schiltz. Motion was denied for lack of four affirmative votes.
PUBLIC HEARING\REZONING\MANSON ROAD: Application of Martin McNamer/NCR
Developers, LLC to rezone property located on Manson Road from AG Agricultural District
to R-2 Two-Family Residential District.
Marty McNamer, 1036 Bonnie Court, said that it is his intention to rezone 50 acres within
the city limits and leave 20 additional acres (for a total of 70 acres) as agricultural or
wilderness. He stated that he will develop 27 single-family homes on the property.
Sheila Frank, 1220 Miller Road, said that the proposed development is across the creek
from her house. She said she had concerns with the development's potential impact on
local flooding, ground water, traffic, green space, environmental impact, electromagnetic
fields, and aesthetic quality.
Chuck Herrig, 1560 Miller Road, asked the Commission to guarantee that Miller Road will
not be used as a secondary access. He stated that if the road were to be widened, he
would lose either his house or garage. He stated that traffic along Kelly Lane is heavy and
new development will exacerbate this problem.
Donna Mihalakis, 1500 Miller Road, stated concerns with traffic if Miller Road were to be
used for an access.
Mary Beth Schumacher, 1750 Miller Road, said that she is concerned with the potential for
an increase in traffic along Miller Road. She stated that she would like the area to remain
a rural environment.
David Hartig, 1255 Southern Avenue, stated that the development will require filling on the
flood plain for the access road. He said that he has concerns with downstream flooding on
his property. He stated that an alternative access will be necessary for this site.
Lynn Smothers, 1182 Miller Road, said that Miller Road is very narrow and that additional
traffic could create a problem. She said that if the road is widened, she will lose her barn.
Mr. McNamer discussed an aerial photo exhibit portraying his development. He said that
he will not be building any residences in the flood plain and that the proposed access road
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October 5, 2005
Page 5
will be from Manson Road, not Miller Road. He stated that any development of the
roadway in the flood plain will require DNR, Corps of Engineers and City approval and will
have to be engineered to meet specific standards. He discussed future expansion of his
development and a potential secondary access onto North Cascade Road.
Staff Member Kritz outlined the staff report. He said that the 50 acre rezoning was fully
within the corporate limits of the city. He said that the request is to rezone the property to
R-2. He said that any development in the flood plain, which is primarily the roadway, will
have to meet all federal, state and local requirements. He said that Miller Road is currently
substandard and not suitable as an access. He said that although a second access may
be required, depending on the specifics of each development, they are not mandated in the
Zoning Ordinance. He said that in general, developments of 30-40 units may require a
second access. He stated that if the rezoning is approved, the Commission will have the
opportunity to review the subdivision plat for this deve~opment. He discussed the
difference between R-1 and R-2 zoning.
Commissioner Smith stated that he is satisfied that the secondary access will not utilize
Miller Road. Commissioners discussed the request and felt that it was appropriate.
Motion by Smith, seconded by Christ, to approve the rezoning as submitted. Motion was
approved by the following vote: Aye - Smith, Christ, Bird, Schiltz and Stiles; Nay - None.
PUBLIC HEARING\REZONING\600 MAZZUCHELLI DRIVE: Application of A.J. Spiegel,
Stott & Associates/Royal Oaks Development to rezone property located at 600 Mazzuchelli
Place from R-2 Two-Family Residential District to PUD Planned Unit Development with a
PR Planned Residential designation.
A.J. Spiegel, Peosta, Iowa, said that he is excited about the possibility of developing in
Dubuque. He said that he would like to partner with the City and that his intention is to
build an upscale housing development that will include senior housing and office space.
He stated that he would like to create a park-like campus, and that storm water for the site
will be managed. He stated that City staff indicated that the streets would be capable of
handling the additional traffic and that existing utilities could handle sewerage and water
demand. He stated that he will work with local contractors and suppliers to complete the
development and that he's asking for no help from the taxpayers. He stated that this
development will be a boon to the local economy and that it will be a quality landmark
project. He introduced Mike Stott and John Harvey of Stott and Associates, architects from
Ames, Iowa.
Mike Stott stated that the building design will emulate Dubuque's architecture utilizing brick,
stone and a sloped roof. He said that the entire development will be sensitive to its
surroundings and to the local architecture.
John Harvey discussed the building design and site layout. He said that the site would be
somewhat buffered from the adjacent residential areas.
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October 5,2005
Page 6
Steve Mosiman, 1000 Clarke Drive, stated that he has concerns that the development was
not consistent with local aesthetics and architecture. He stated that the City should have a
bluff plan that respects its surroundings and will not so radically change the skyline of
Dubuque. He said that this area should be preserved for parks.
Roger Klauer, 381 Moore Heights, said that he has no financial interest in the project. He
stated that Mr. Nagle's home on the adjacent property has beautified the bluff area. He
said that he's in favor of the development and that the bluff area within the city limits is
already developed and this should not be treated as a rural bluff preservation issue. He
stated that a contractor has developed the bluffs above the Lincoln Avenue area, and that
it has improved the view to the bluff. He stated that the Villa, which Mr. Spiegel
demolished, was not a pretty building.
Mike Nadeau, 663 Fenelon Place, said that he likes the view to the Fourth Street Elevator.
He said that his is a diverse neighborhood and that the development will create a gated
community that is not diverse. He stated concerns with traffic and said that a development
of this magnitude should be required to provide an environmental impact statement.
Pat Balvanz, 115 St. Mary's Street, stated that she lives directly below the proposed
project. She said that although she supports the project, she is concerned with the stability
of the bluff during construction.
Dick Schmitt, 1101 Valentine Drive, said that a development of this nature would provide a
place for executives and attract people to the community which would make finding
qualified employees easier. He stated he is in favor of the proposed project.
Mary Sack, 1008 Victoria Street, said that she is concerned with the removal of the trees
on the bluff. She stated that the project is too large in scale, and out of place.
Robert Murphy stated that he is the attorney representing Jeff Nagle at 255 Bluff Street.
He stated that the proposed development will generate a significant amount of traffic and
that Mazzuchelli, Cardiff and James Streets are not adequate to handle the increase. He
stated that traffic will affect the hospital campus and local traffic for a large area. He stated
that Mr. Nagle's property will be in perpetual darkness because of the excessive height of
the structures. He stated that the runoff generated by the project would create erosion
problems. He said he is concerned with the stability of the bluff during construction. He
said that the developer should provide an environmental impact statement to determine the
proposed development's affect on storm water, the environment and wildlife.
James Wendt, 432 Summit Street, stated that he had traffic concerns as it regarded the
safety of his children. He stated that the City should focus on renovating the downtown
and preserve the bluff area.
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October 5,2005
Page 7
S.A. Sutton, 1875 Custer Street, stated she was concerned with the impact of the
development on the beauty of the bluffs. She stated that the project, as proposed, is a
mess.
Tim Greenfield, 17646 Hales Mills Road, stated that the project will serve to clean up a
former bad development. He stated that Dubuque needs new development and that the
architecture will compliment the bluffs.
Ronnie McDonald, 548 W. ih Street, spoke in favor ofthe request. He stated that the new
development will be better than the former building. He stated that the project will be good
for the local economy and small business people.
Jeannie Collins, 243 Cardiff Street, said that the project should be scaled down. She
stated that the traffic is a concern, especially the potential for traffic generated by the
office-related component of the development.
Jeff Theis, 9850 Atlantic Court, spoke in favor of the request. He said the project will help
by generating taxes and jobs. He said the development is diverse with the provision of
housing for the elderly. He stated that the project is socially responsible.
Ron Thielen, 946 St. Catherine Road, stated that he is an electrical contractor, and that the
proposed project would be good for the local economy and would help provide jobs.
Dean Rampson, 1158 University, said that the development density is excessive. He
discussed the PUD concept and stated that the developer should provide a mixture of low
and mid income housing and additional green space. He stated that this is a town center
project, not appropriate for a bluff top. He said that the design is cartoonish, and that it will
hover over the Cathedral Church. He stated that the project was an icon to exploitation.
John Bosveld, 288 Kelly's Bluff, said he is concerned that the project would be a gated
community. He said that the project fails to answer questions regarding water, streets,
garbage pick-up, gas provision, storm sewers, water runoff, blasting, the Dominican burial
site, and the building shadow.
Lori Thielen, 946 St. Catherine Road, stated that she feels the project would be good for
economic development. She said the Commission should study all the issues but help
facilitate the development.
Brian Marens, Zwingle, Iowa, stated that the development would present an impressive
entry into the city of Dubuque. He said that the proposed development would be good for
the local economy.
Fran Henkels, 890 W. 3rd Street, stated that he feels the development is inappropriate
because of the excessive density and traffic that would be generated. He stated that the
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October 5,2005
Page 8
area cannot support a development of this size with no second access. He stated that a
15 story building is not appropriate for its surroundings.
Jim Ethridge, Peosta, Iowa, said that Mr. Spiegel's is a visionary project. He stated that it
affords a chance to direct development into the city of Dubuque and generate additional
jobs and tax revenue.
Terry Stewart, 460 Summit Street, discussed the historical development pattern in
Dubuque. He said that the project is overwhelming; that it would be more appropriate in
the downtown area. He said that the project will generate excessive traffic and that the
building will tower over the community and become a symbol of Dubuque.
Becky Johnson, 1480 Parkway, asked that the Commission not allow this development to
detract from the bluffs. She said the existing historical development is good.
Tom Weidemann, 162 Cardiff Street, said that a development of this size does not fit well
along the bluff. He said that traffic on the local streets is bad, especially during inclement
weather. He said that the construction of the facility may damage existing houses.
Amy Weidemann, 162 Cardiff Street, spoke on behalf of her neighbor, Patty Callahan, at
180 Cardiff Street. She read a letter in which Ms. Callahan expressed concerns with
potential destruction of the environment, displacement of wildlife and excessive traffic.
Jeff Nagle, 255 Kelly's Bluff, stated that he owns three lots directly adjacent to the
proposed project. He distributed a packet and discussed its contents. He stated that when
he developed his property, traffic, bluff stability and erosion were all issues he had to
address. He said that the traffic will reach out a minimum of one mile from the
development and affect area intersections. He said that the traffic figures provided by Mr.
Spiegel are not realistic.
Dawn and Ryan Beggs, 204 Cardiff Street, stated that they have concerns with traffic,
especially during inclement weather. They stated that Mercy Medical Center generates a
lot of traffic, and that on-street parking inhibits vehicular flow. They stated that traffic along
Cardiff is often single lane because of parking or snow. They stated they were concerned
with the potential for unearthing burial sites on the development property. They also
expressed concerns with stability of their house during the construction process.
Bruce Berstler, 877 Spires Drive, said that this is a visionary project that is badly needed to
boost the local economy.
Jeff Flogel, Kemp Road, said that the project would be good for the tax base and
employment in the community.
Mark Schnee, 1980 Amelia Drive, said that the project would provide employment
opportunities and is good for the community.
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October 5, 2005
Page 9
David Rollings, 895 Stone Ridge Place, said that he moved here from Chicago. He said
that the project does not fit Dubuque, and that it will negatively impact the skyline and local
traffic.
Gene Tully, 448 Summit Street, said that although this may be a beautiful design, it is not
appropriate on the bluff top location. He said that traffic would be a problem and that the
project is not aesthetically appropriate. He said that the visual impact of the project should
be gauged from the base of the bluff. He said that the City should be good stewards of the
land.
Bonnie Wiedemann, 162 Cardiff Street, said she is opposed to the project because ofthe
potential for ten years of construction adjacent to her property.
Francine Banwarth, 985 S. Grandview, stated that she is opposed to the project. She said
that the green space should remain and that the Commission should use common sense
when rendering a decision.
Joe Metille, 1004 Shady Lane, said that he works for Mr. Spiegel, and that the proposed
development would provide jobs, bring people to the area, and improve the tax base. He
stated that he felt a project of this nature would keep Dubuque on the move.
April Finnin, 220 Cardiff Street, said that she is a proponent of the project. She said that it
will add to the character and diversity of the area, and represents progress.
Rick Dickinson, representing Greater Dubuque Development Corporation, spoke in support
of the project. He said that the bluffs are currently developed with houses and parks. He
asked that the Commission approve the project and send it to the City Council which will
enable them to review the scope, character, and design of the project and address traffic
issues.
David Hammer, 720 Laurel Park Road, said that this project will not improve the site. He
said that it will not speak to Dubuque. He asked the Commission to examine Mr. Spiegel's
track record. He said that the Commission needs to consider the impacts on the people
who already live in the neighborhood.
David Hartig, 1499 Southern Avenue, stated that the developer should provide a more
detailed conceptual plan before the Commission and Council would grant approval. He
stated that the building is a 16-story structure next to a three-story structure and that it is
not appropriate. He expressed concerns with traffic.
John Roethig, 618 Bradley Street, said that he is opposed to the project because of the
scale.
Michael Stott said that it is not uncommon for a development of this nature to generate
controversy. He said that traffic would be managed and that storm water conveyance
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October 5,2005
Page 10
would be improved. He said that the bluff stability will be maintained throughout the
development process. He said that utilities will be engineered and that the existing
infrastructure will be adequate to serve the site. He said that the burial site has already
been removed from this area, and that any future internments will be referred to the State
Archeological Office.
Chairperson Stiles asked if blasting would be necessary for the process. Mr. Stott said that
they would discuss the most appropriate excavation techniques with geologists and
engineers.
Commissioner Bird asked if they would be more specific. Mr. Stott said that the process
will have to be engineered. Mr. Bird expressed concerns regarding the traffic along
Mazzuchelli Place.
Staff Member Kritz reviewed the PUD requirements and the PUD process. He reviewed
the process for notification of Commission meetings. He said that the Zoning Advisory
Commission or City Council can ask for additional information and recommend additional
requirements. He discussed the time frame for notification and stated that if the
Commission did not act on the proposal within 60 days, it automatically went to the City
Council with a recommendation for approval. He discussed utilities, including sewer and
water, and stated that they would be adequate to serve this site. He reviewed the City's
policy of requiring additional accesses for large projects. He said that fire protection for the
proposed project had been reviewed. He reviewed accident data for the area streets. He
explained the traffic count calculations and stated that they are estimates, and represent
an average taken from the Institute of Traffic Engineers Trip Generation Manual. He
discussed traffic analysis for the area. He said that a storm water study would be
necessary as part of the site plan review process.
Commissioner Bird asked about widening Mazzuchelli Place. Staff Member Kritz said that
currently Mazzuchelli Place has a 60-foot right-of-way and 20 feet of paving.
Commissioners discussed parking along Mazzuchelli Place and Langworthy Street.
Commissioner Smith said that it would be advisable to remove parking along Langworthy to
improve traffic flow. Staff Member Kritz stated that removing parking is a City Council
prerogative. Commissioner Bird asked if the site plan would come back to the Zoning
Advisory Commission for review. Staff Member Kritz said that this was not specified in the
PUD Ordinance, but could be required.
Commissioner Bird said that this project would become an icon for the community and a
vision for Dubuque's future. He said that he still had concerns regarding potential damage
to adjacent properties during construction. He stated that he is confident that storm water
conveyance would be reviewed by the City Engineering Department. He said that traffic is
still a concern, and he recommended the City place improvements to Mazzuchelli Place on
its five year capital improvement plan.
Minutes - Zoning Advisory Commission
October 5, 2005
Page 11
Commissioner Schiltz discussed historic land development. He said that three accesses
were required for a subdivision of 400 lots that he was involved in developing. He said that
400 units require more than one entrance. He said that he felt traffic would be
problematic.
Commissioner Stiles said that this is a very impressive development with a mix of office
and housing. He said that it fits with the mix of development in Dubuque. He said that it is
forward looking with an eye for the past. He said that utility extensions, fire protection,
access and other issues would be addressed by the City Departments throughout the site
plan review. He said that the architecture is in character with its surroundings. He said
that he feels that Mazzuchelli Place should be upgraded in the City's five year plan. He
said that this development would add character to the community.
Commissioner Smith said that he felt this was a good project. He said that he felt that it will
enhance its surroundings. He stated, however, that traffic is still a concern. He felt that
improvements to Mazzuchelli Place and removal of on-street parking along Langworthy
Street would improve traffic flow.
Commissioner Christ said that she agreed with Commissioner Schiltz, stating that the size
and scale of the project and the traffic produced cannot adequately be handled with a
single access.
Motion by Bird, seconded by Smith, to approve rezoning, as submitted. The motion was
denied by the following vote: Aye - Smith, Bird and Stiles; Nay- Christ and Schiltz. The
motion was denied due to lack of four affirmative votes.
PUBLIC HEARING\REZONING\55 W. 32ND STREET: Application of Joseph Bitter/Roger
Kunde, North End Auto Wrecking, Inc. to rezone property located at 55 W. 32nd Street
from R-1 Single-Family Residential District to HI Heavy Industrial District.
Steve Simon stated that he represented Mr. Kunde. He reviewed the previous rezoning
case brought before the Zoning Advisory Commission. He discussed surrounding zoning
and land use and the proposed changes to the property.
John Hamilton, 330 Olympic Heights, spoke in opposition to the request. He stated
concerns with the spectrum of uses permitted in a heavy industrial district. He said that his
property is within 300 feet ofthe proposed salvage yard expansion and that he feels this is
not a sufficient distance to buffer his home from the types of uses and activities allowed in
a heavy industrial district.
Roger Kunde reviewed the location of the proposed land to be rezoned. He indicated that
the salvage yard has not negatively impacted the property value of the surrounding homes
based on the value of a recent land sale. He said his intention is to level the land and
screen the area to allow expansion of his salvage yard to the south.
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October 5, 2005
Page 12
Staff Member Hemenway reviewed the staff report, noting the history of the prior rezoning
request and current request. He discussed encroachment of salvage vehicles onto the
subject property which is currently zoned R-1. Staff and Commission reviewed the
surrounding zoning, land use and ownership.
Commissioners discussed the proposed access to the property and noted that a main
concern is removal of existing vegetation, which would open the view to the salvage yard
from surrounding residential properties. Commissioners discussed the proposed extension
of the access road and discussed the City Engineering Department proposal to potentially
lease property to Mr. Kunde.
Commissioners expressed concerns that the vegetation would be removed prior to
adequate screening which would create a violation of the Ordinance. Commissioners
asked the applicant if development of the property included removing trees. Mr. Kunde
stated that trees would be removed for the roadway. Commissioners discussed storm
water drainage and discussed what level of vegetation should remain on the property. Mr.
Kunde indicated that he would only remove 12-14 trees. Commissioners expressed
concerns with storage of salvage materials south of the access road and tree line.
Commissioners discussed the need for screening as it related to adjacent residential
properties, some of which were in the distance across West 32nd Street.
Assistant City Attorney Tim O'Brien reviewed the current Municipal Regulations regarding
screening requirements for salvage yards.
Motion by Christ, second by Bird, to approve the rezoning request with the following
conditions:
1 . That existing vegetation shall be preserved and retained to the extent necessary to
screen the operation of the salvage yard.
2. That no storage of salvage material is allowed south of the tree line.
3. That no buildings shall be constructed on this property.
Motion was approved by the following vote: Aye - Smith, Christ, Bird, Schiltz and Stiles;
Nay - None.
ADJOURNMENT: The meeting adjourned at 10:30 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner
Adopted