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Minutes Zoning Adv. Comm 11 2 05 MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, November 2, 2005 6:30 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa PRESENT: Chairperson Jeff Stiles, Commissioners Ron Smith, Stephen Hardie, Eugene Bird. Jr., Dick Schiltz and Ken Bichell; Staff Members Kyle Kritz, Guy Hemenway, Gus Psihoyos and Dave Ness ABSENT: Commissioner Martha Christ. 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 October 5, 2005 meeting were approved unanimously as submitted. ACTION ITEM\SITE PLAN REVIEw\VISION HEALTH CENTER: Application of Durrant Group/Pat Norton for approval of the site plan for Vision Health Center in Cedar Lake Plaza. Pat Norton said he works for Durrant Group and offered to answer any questions Commissioners may have. Staff Member Kritz discussed the site plan configuration and stated that it is in substantial compliance with City standards. Commissioner Schiltz asked if access would be taken directly onto Cedar Cross Road. Staff Member Kritz said that access from the subject lot would not be taken directly onto Cedar Cross Road. Commissioners felt the site plan was appropriate for the planned commercial development. Motion by Hardie, seconded by Bird, to approve the site plan as submitted. Motion was approved by the following vote: Aye - Smith, Hardie, Bird, Schiltz, Bichell and Stiles; Nay - None. PUBLIC HEARING\REZONING\190 N CRESCENT RIDGE: Application of Dawn O'Meara, Alter Scrap ProcessinglTschiggfrie Excavating Co. to rezone property located at 190 N. Crescent Ridge from CS Commercial Services and Wholesale, C-3 General Commercial and AG Agricultural District to PI Planned Industrial District. Minutes - Zoning Advisory Commission November 2, 2005 Page 2 Dawn O'Meara, General Manager of Alter Scrap Processing, Inc., said that Alter is interested in relocating their business. She said that the existing facility is constrained and that their intent is to move to an area that allows them room to expand. She said the rezoning will enable Alter to relocate from its current location, which is within the gateway to the community. She stated that the facility will be approximately 800 feet from the nearest residential development. She said that the facility will use both internal and external environmental monitoring to ensure compliance with all relevant regulations. Steve Krumpe, attorney with O'Connor and Thomas, stated that he is speaking on behalf of Medical Associates. He said the Medical Associates campus lies immediately north of the proposed rezoning. He discussed conditions governing the rezoning process outlined in Section 6-1.1 of the City Ordinance, and stated that the proposed project did not meet said requirements. He said that the rezoning is not in the public interest. He said that Highway 20 is busy at this location and traffic from the facility would exacerbate existing traffic problems. He said that the land to the north of the subject lot is parkland that was donated by Medical Associates to the City. He discussed the requirements outlined in the PUD section of the Zoning Ordinance. He said that the area is surrounded by commercial properties and that heavy industrial development is not appropriate next to these businesses. He said that noise generated by Alter's facility will be reflected off ofthe quarry wall onto the adjacent properties. He discussed salvage yard screening requirements. He said that the proposed facility will generate excessive pollution and drainage and that the scrap yard poses aesthetic concerns for Medical Associates campus. Bob Hartig, Director of Facilities for Medical Associates, distributed a packet of information to the Commission. He discussed the initial dedication of parkland adjacent to the proposed facility. He said that a trail will be constructed through the park property and that a scrap yard is not appropriate next to the bike trail and park area. He said that Catfish Creek runs through the subject property, which creates environmental concerns. He said that the noise generated by the facility will reflect off of the rock bluff and impact adjacent properties. He distributed photographs illustrating the proximity of Medical Associates buildings to the subject property. He discussed Section 3-4.5 of the Ordinance regarding public open space. He submitted a petition with 15 signatures from neighbors in the Sunset Park Subdivision in opposition to the proposed request. Scott Frank, 7806 Betsy Lane, stated that he is the manager of Oak Park Place. He stated that the Highway 20 Corridor has been improved over the past several years, but the siting of a scrap yard at this location will reverse that trend. He said that he would like to maintain a tranquil setting for his residential care facility. He said the trend in other communities is to purge salvage yards from the urban core. Bill Latham, 35 Oak Grove Drive, said that the noise generated by Tschiggfrie's quarrying activity is excessive. Minutes - Zoning Advisory Commission November 2, 2005 Page 3 Vincent Wernimont, 65 Oak Grove Drive, said he is an adjacent property owner and asked about current zoning. He said he has called the DNR, the EPA and the Mines Safety and Health Administration with concerns regarding blasting and water quality from damaged wells. He asked the Commission to require that the new property owner leave the top of an existing rock wall for a buffer zone. He said that the Catfish Creek Flood Plain is at risk by the proposed development. He said that the neighbors' wells went bad because of quarrying activity on the property. He stated that he wanted no more blasting on the property and no building in the flood plain. He said he did not want any portion of the scrap yard on the southeast section of the property. Clay Wilwert, 145 North Crescent Ridge, said he is the adjacent business owner of the Harley Davidson dealership, and that he has concerns with safety regarding scrap metal on the street. He said that scrap materials on the street will pose a danger to his clientele that ride motorcycles. He said the area is currently commercial and he would like it to remain so. Lee Latham, 35 Oak Grove Drive, said that she is concerned with noise. She expressed concerns regarding sewerage, water quality, weeds, and aesthetics. Dawn O'Meara said that Medical Associates facility is approximately one-quarter mile away from the proposed facility. She said that the intersection of North Crescent Ridge and Dodge Street was designed to handle the additional traffic flow that would be generated by their facility. She said that the subject property is not visible from Highway 20/Dodge Street. She said that there is outdoor storage occurring on adjacent commercial properties. She said that the noise levels generated by Alter Scrap will be low and intermittent. She said the facility will be screened as per City standards. She said that Alter had received a letter of support from adjacent property owners, Steve Smith and Tom Luksetich. She said Alter has a street sweeper and their intention is to keep the road clean. She said that Welter's Storage, which is a neighbor to their existing facility, said that noise is not a problem. . She said the hours of operation would be from 7:30 a.m. to 4:30 p.m. five days a week. She said that Harley Davidson motorcycles generate more noise than her facility would. She said that Alter fully intends to be good neighbors. Commissioner Smith asked about the hours of operation and rail car scheduling. Ms. O'Meara said that the facility would not be open Saturdays or Sundays and that they cannot regulate the rail schedule for their rail spur. She stated that Alter would build a containment center located at the turningslbusheling storage area. Commissioner Bichell asked about the potential for pollutants to get into the Catfish Creek drainage. Dawn O'Meara said that the containment facility will capture all pollutants and not allow them into the environment. Commissioner Bird asked about the extent of the facility. Ms. O'Meara said that the facility will not be located on the southeast corner of the property. Minutes - Zoning Advisory Commission November 2, 2005 Page 4 Rod Tschiggfrie, 600 Sapphire Circle, said that he has not received complaints from Medical Associates regarding noise on his property. He said thatthere is an active railroad that bisects the area that generates more noise than the proposed facility. He said that the City's current bike path goes through a number of heavy industrial districts and by Inland Molasses facility, the City's wastewater treatment plant, and Tschiggfrie's excavation company. He said that the property is currently vacant, and they have been having problems with people riding motorcycles and vandalizing their property. He said that the property is located down in a hole at the end of a dead-end street and is very quiet and obscure. He said that recently a storage building was vandalized by a large piece of construction equipment and that no one heard the noise generated by the vandalism. Staff Member Kritz said that salvage yards are only permitted in heavy industrial or planned industrial districts. He said that the planned industrial designation allows more restrictive language to be placed on the salvage yard operation. He discussed the ordinance creating the planned unit development. He discussed the site layout and its proximity to Catfish Creek. He said that no part of the operation will be located on the flood plain, except for the detention basin. He said that although the detention basin is located in the flood plain, it will have to meet DNR and City approval. He discussed the proximity of the adjacent residential uses. He distributed photos and a photo-orientation map for the Commission. He discussed traffic generation and said that the current subdivision would, in all likelihood, generate more traffic than the proposed salvage yard. He discussed screening requirements. He distributed a map and discussed the proposed bike trail alignment and funding schedule. Commissioner Bichell asked about the park's proximity to the facility and the grade level of the bike path. Commissioners discussed the existing bike trails throughout the community. Commissioner Bird asked about the proposed screening. Chairperson Stiles noted that Alter had submitted an environmental packet and that two letters of opposition, one letter of support and a packet of information regarding trails from Planning Services Department Manager Laura Carstens had been received. Commissioner Bird said that it is in the City's best interest to relocate the existing salvage yard from its current location to a more suitable site. He said that the end of North Crescent Ridge is a good location because it is remote. He said that he would prefer to see parking restricted along North Crescent Ridge. He stated that he would also like to see a more detailed screening plan for the facility. Commissioner Hardie said that he feels that this is not an appropriate site for a salvage yard. He said that he feels there is more appropriate property available to the west with adequate rail access. Commissioner Bichell said that, although it is difficult to locate a scrap yard in the community, he is concerned with the facility's impact on Catfish Creek, Minutes - Zoning Advisory Commission November 2, 2005 Page 5 and the potential for damage to the environment. He said he is also concerned with its impact on the proposed bike trail. Commissioner Schiltz said that Alter's facility will operate from 7:30 a.m. to 4:30 p.m. five days a week and that, in his experience, most bike traffic occurs in the evenings or on weekends. He said that the facility should have little impact on the trail. He said that the area is located in a hole, that it is obscured from view, and that the noise generated here would be muted by the adjacent hillsides. He said that the property has a rail spur that is necessary for the industrial activity proposed. He said that he does not believe the environment or the flood plain will be impacted. Commissioner Smith stated that he feels this is a good spot for the facility. He said that he feels a more detailed screening plan is necessary. He said that the City cannot limit all development around proposed bike paths. Chairperson Stiles said that the area is not directly next to a highway, but adjacent to a railroad and other commercial activity. He said that he would also like to see a more detailed screening plan. Commissioner Schiltz said that it is difficult for the Commission to restrict parking on a public street just for Alter. Staff Member Kritz discussed problems with restricting parking on City streets. He said that parking along the streets is a shared resource, and that all parking would have to be restricted by the City Council for all vehicles. Dawn O'Meara said that she would be willing to restrict Alter Scrap's employees parking along North Crescent Ridge. Commissioner Hardie asked Staff Member Kritz to read the rezoning criteria established in Section 6-.1.1 of the Ordinance. Staff Member Kritz read said criteria and Commissioner Hardie said that he did not feel that the applicant demonstrated that said criteria had been met. He said that there are other more appropriate areas in the city where Alter could locate their facility. Commissioners discussed the criteria for granting a rezoning. Commissioner Bichell said that the impact of the facility on the aesthetics and visibility from Medical Associates is still an issue. Commissioners discussed the screening plan and screening requirements for a salvage yard. Commissioner Schiltz said that screening is needed along Oak Grove Drive and he recommended six-foot plantings. Commissioners felt that the proposed rezoning should be tabled and that the applicant should bring a more detailed landscaping plan to the next regularly scheduled meeting. Minutes - Zoning Advisory Commission November 2, 2005 Page 6 Motion by Bird, seconded by Smith, to table the request with the requirement that the applicant provide a detailed landscaping plan. Motion was approved by the following vote: Aye - Smith, Hardie, Bird, Schiltz, Bichell and Stiles; Nay - None. PUBLIC HEARING\REZONING\243 VALLEY ST.: Application of Greg & Nancy Adams to rezone property located at 243 Valley Street from R-1 Single-Family Residential District to R-2 Two-Family Residential District. Greg Adams reviewed his request, noting that he plans to consolidate four lots into two lots, and then build two side-by-side two-unit buildings. He stated that storm water courses off of this property onto the adjacent lots and that has historically been the fact. Pete Langolis, 263 Valley Street, outlined his concerns reg'arding the rezoning. He stated that he felt rezoning these four lots was a spot zoning. He expressed concerns about traffic safety, increased density, and the potential for additional runoff. He said that it would be possible for Mr. Adams to build four duplexes on this site. Marla Federson, 205 Valley Street, said that she had concerns with storm water problems that she is currently experiencing. She said that it is possible that the proposed duplexes could be rental property, and that the neighbors would have no control over the type of tenants that may occupy the units. Mike McCarron, 210 Valley Street, said he had concerns about traffic safety, storm water runoff and spot zoning. Mary Meyer, 391 Mountain Lane, said she is concerned about being located next to rental property and she is concerned with children driving through the woods with four-wheel drive vehicles. Mr. Adams stated that his intention is to build two townhouse-style duplexes, noting that it is possible currently to rent out single-family homes. Staff Member Hemenway reviewed the staff report, the surrounding zoning and land use, topography of the area, and existing storm water drainage. He discussed potential vehicle trips from the duplexes versus single-family homes. He discussed the former use of the site as a non-conforming tree service staging area. Commissioners discussed the topography and access issues to the proposed dwellings. The Commissioners reviewed the former use of the site and Chairperson Stiles noted that the former owner created much of the debris and materials on the site. Minutes - Zoning Advisory Commission November 2, 2005 Page 7 Commissioners discussed potential conditions on the rezoning, stating that they felt that the potential for four duplexes would be too dense a development and would create too much traffic. Motion by Bird, seconded by Smith, to approve the request with the condition that no more than four single-family residences or two duplexes can be built on the subject property. Motion was approved by the following vote: Aye - Smith, Hardie, Bird, Schiltz, Bichell and Stiles; Nay - None. PUBLIC HEARING\REZONING\4310 ASBURY ROAD: Application of ARC Design Resources, Inc.lQHQ Properties to rezone property located at 431 0 Asbury Road from C-3 General Commercial District to PUD Planned Unit Development with a PC Planned Commercial District designation. Joe Altenhoff, ARC Design, discussed the Sam's Club project. He utilized a slide presentation discussing the street alignment and access. He stated that the primary access off of Asbury Road would be aligned with Plastic Center's approved access to the south. He said that the building would be 136,000 square feet with 644 parking spaces and additional out lots. He discussed adjacent access issues regarding the Northwest Arterial and Resurrection Church. He discussed the traffic impact analysis. He stated that storm water would be managed in an on-site detention area. Commissioners discussed traffic issues. Commissioner Hardie asked if there would continue to be one eastbound lane along Asbury Road, and if so, was it adequate to handle the additional traffic. Mr. Altenhoff said yes. Commissioner Smith asked if both Northwest Arterial accesses were to be built as part of the project. Mr. Altenhoff said yes. Virgil Blocker, 1850 Carter Road, said that he represented Resurrection Church. He introduced Brian Kane and Mike Portzen. He distributed letters to the Commission and discussed the items the church requested. He discussed access easements. Mr. Altenhoff said that ARC Design is willing to work with the church regarding the screening fence and access. Staff Member Kritz outlined the staff report. He discussed the site layout, out lot location, and lots that lied outside the request. He discussed the negotiations between Sam's Club and the City over the status of the interior streets. He discussed the PUD requirements including utility extensions, screening fence and landscaping, multiple accesses, sanitary sewer issues and storm water detention. Engineering staff member Dave Ness discussed the traffic analysis stating that the improvements to the north side of Asbury Road will improve the traffic congestion along Asbury Road. He said that there will be two lanes westbound plus a new right turn lane at the intersection of Asbury Road with Northwest Arterial. He stated that future improvements to the eastbound lane of Asbury Road will require property acquisition from the Plastic Center to the south. Minutes - Zoning Advisory Commission November 2, 2005 Page 8 Commissioners discussed the request and felt that the applicant and Resurrection Church representatives should iron out any outstanding access and screening issues. Commissioners felt that City staff and the applicant should work together to finalize street design and sanitary sewer improvement issues. Motion by Schiltz, seconded by Bird, to approve the rezoning with the condition that a screening fence, similar to the existing screening fence on Resurrection's eastern property line, be installed between the Resurrection Church property and Sam's Club property. Motion was approved by the following vote: Aye - Smith, Hardie, Bird, Schiltz and Stiles; Nay - None; Abstain - Bichell. PUBLIC HEARING\TEXT AMENDMENTICITY OF DUBUQUE: Application of the City of Dubuque to amend Section 42-24 Improvement Guarantees of the City of Dubuque Subdivision Regulations. Staff Member Kritz outlined the need for a bond increase and a change in responsibility from the contractor to the developer to be in line with what other Iowa communities are doing. He said the responsibility will be placed on the developer to ensure that the infrastructure improvements are undertaken. Commissioner Schiltz questioned Staff Member Psihoyos about the 110% bonding, but said all in all, it was a good idea. Motion by Bird, seconded by Smith, to approve the amendment to Section 42-24 as submitted. Motion was approved by the following vote: Aye - Smith, Hardie, Bird, Schiltz, Bichell and Stiles; Nay - None. ADJOURNMENT: The meeting adjourned at 9:30 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted