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Minutes Zoning Adv. 12 7 05 MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, December 7,2005 6:30 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa DFT PRESENT: Chairperson Jeff Stiles; Commissioners Ron Smith, Stephen Hardie, Martha Christ, Eugene Bird, Dick Schiltz and Ken Bichell; Staff Members Kyle Kritz, Guy Hemenway, Tim O'Brien, Gus Psihoyos, and Dave Ness. ABSENT: None. CALL TO ORDER: The meeting was called to order by Chairperson Stiles 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 November 2,2005 meeting were approved unanimously as submitted. ACTION ITEM\PRELlMINARY PLAT/MCNAMER: Application of Marty McNamer, North Cascade Road Developers, LLC for approval of the Preliminary Plat of Timber-Hyrst Estates located along the west end of Manson Road. Marty McNamer, 1036 Bonnie Court, offered to entertain questions. Staff Member Kritz outlined the staff report, discussing the subdivision layout and its relationship to the floodplain. He stated that Mr. McNamer is working with the State DNR and the Corps of Engineers to ensure compliance with flood plain development regulations for the subdivision and entry road. He stated that four out lots on the plat are designated non-buildable and that the roadway will be 27 feet in width with a 50-foot right-of-way. He stated that this enables the development to have a seven-foot wide parkway. He said the Fire Marshal has reviewed and approved the plans with the recommendation that parking be restricted to one side of the street to facilitate traffic movement. He said this restriction should not pose a problem because adequate off-street parking can be provided on large lots proposed for this development. Commissioners discussed the request and felt that the preliminary plat was appropriate. Motion by Smith, seconded by Bird, to approve the preliminary plat ofTimber-Hyrst Estates waiving the minimum street standard from 31-feet to 27-feet and limiting parking to one side of the roadway. Motion was approved by the following vote: Aye -Smith, Hardie, Christ, Bird, Schiltz, Bichell and Stiles; Nay - None. ACTION ITEM\DETERMINATION OF SIGNIFICANGE CHANGE/ECK: Application of Peter Eck, Equity Builders for approval of the Determination of Significant Change from Minutes - Zoning Advisory Commission December 7,2005 Page 2 Adopted Conceptual Development Plan for property located at the Northwest Corner of Tanzanite Drive and Sapphire Circle. Peter Eck, Equity Builders, stated that the proposed development would have similar sized building footprints on the same number of lots with the same curb cuts configuration as the existing development. He said he would like to change the buildings from duplexes to four- plexes, which he said will increase the density. He said each unit would have a two-car garage with a two-car parking pad and, therefore, provides parking in excess of what is currently required. Chairperson Stiles reiterated that the only change would be an increase in density. Staff Member Kritz reviewed the changes and submitted a site plan for the Commission's review. He stated that the change would be from 40 to 68 units and that it was the Zoning Advisory Commission's charge to decide if these changes were significant enough to warrant an amendment to the PUD. Commissioner Smith clarified the building configuration. Commissioners agreed that the increase in density was significant enough to warrant an amendment to the district. Staff Member Kritz discussed the current PUD requirements as they were relative to R-3 standards, discussing density, setback and lot area issues. Motion by Hardie, seconded by Christ, noting that the proposed increase in density is a significant change and warrants an amendment to the Planned Unit Development. Motion was approved by the following vote: Aye -Smith, Hardie, Christ, Bird, Schiltz, Bichell and Stiles; Nay - None. PUBLIC HEARING\REZONING/JOSEPH WALBRUN/JOAN O'TOOLE/JAMES HAUBER/MADELINE & ALBERT KOTZ (REFERRED FROM CITY COUNCIL): Application of Joseph Walbrun/Joan O'Toole/James Hauber/Madeline & Albert Kotz (referred from City Council) to rezone property located at 4755/4855 Old Highway Road and parcel #10-29-451-008 from R-3 Moderate Density Multi-Family Residential Districtto C-3 General Commercial District. Joseph Walbrun reviewed with the Commission his former rezoning request. He stated that the Commission recommended that he incorporate additional property into the rezoning and that he has complied with said request. Richard Kelly, an adjacent property owner on Radford Road, stated that he is concerned with storm water runoff from potential development on the subject properties. He stated that he is not necessarily opposed to the request. Mr. Walbrun stated that his property is served by City water and sewer. Minutes - Zoning Advisory Commission December 7,2005 Page 3 Staff Member Hemenway reviewed the staff report, noting surrounding zoning and land use, and recent commercial development in the area. He stated that the request represents an expansion of an existing C-3 District. Commissioners inquired as to how storm water was handled on adjacent commercial properties. Staff Member Hemenway said that any new commercial development would be required to submit a site plan, at which time storm water issues would be addressed. Motion by Smith, seconded by Bird, to approve the rezoning as submitted. Motion was approved by the following vote: Aye -Smith, Hardie, Christ, Bird, Schiltz, Bichell and Stiles; Nay - None. PUBLIC HEARING\REZONING/CITY OF DUBUQUE/EDWARD BROWN: Application of City of Dubuque/Edward Brown to rezone located at 468 E.12'n Street (parcel #1 0-24-444- 001) from HI Heavy Industrial District to MHI Modified Heavy Industrial District. Staff Member Hemenway reviewed the City's request to rezone the property from HI to MHI and outlined the Freeway Corridor Plan recommendations and the history of former rezoning requests for the area. Commissioners asked that Mr. Brown be provided a certified letter regarding the rezoning request, so that they were guaranteed that he was notified and aware of proposed changes to his property. Motion by Schiltz, seconded by Hardie, to table the request until the certified letter was received. Motion was approved by the following vote: Aye -Smith, Hardie, Christ, Bird, Schiltz, Bichell and Stiles; Nay - None. PUBLIC HEARING\REZONING/ROGER KUNDE/NORTH END WRECKING: Application of Roger Kunde/North End Wrecking to rezone property located at 55 W. 3200 Street from AG Agricultural District to HI Heavy Industrial District. Steve Simon, representing Roger Kunde, North End Wrecking, 55 W. 32"d Street reviewed the request for the Commission. He discussed the extent ofthe screening that had already been completed for the project and the location of the wooded buffer area. Hope Huseman, 245 Olympic Heights Road, spoke in opposition, stating concerns with drainage and the continued lack of adequate screening for the salvage facility. Ms. Huseman indicated that noise is a major concern. Paul Ulrich, 489 Olympic Heights Road, stated that the City Council recently denied a similar rezoning request. He stated that he felt Mr. Kunde had not lived up to previous agreements and that an expansion of the salvage yard would adversely impact the neighborhood. Minutes - Zoning Advisory Commission December 7,2005 Page 4 Mike Burns, 245 Olympic Heights Road, said that he would like to delay the rezoning until the new City Council was seated. Rick Rogers, 495 Olympic Heights Road, said that he is concerned with erosion and storm water conveyance from the North End Wrecking site. He stated he is opposed to the request. Bill Link, 800 Hawkeye Heights, stated that the portion of the steel fence that is already in place is an effective screen. He stated that some of the evergreen trees are in poor condition, and that the berm has begun to erode. He stated that he is opposed to the request because of the visual impact on his property. Mr. Simon stated that the steel fence project was stopped because of a City directive until such time as the rezoning is completed. Mr. Simon discussed the drainage issue. He stated that the only equipment located on the property will be a forklift, bulldozer and dump trucks. He reviewed a cross section of the screening plan that illustrated the berm, fence location and plantings. He said that the completed fence will obscure vehicles from view and that the embankment on the south side of the property will be lowered to level the property, which will serve to more effectively screen the salvage yard from the residential properties on Olympic Heights Road. He said that Mr. Kunde's intention is to control storm water by grading and placing drain tiles on the site. Commissioners reviewed the applicant's proposed timeline for completion of the screening fence if the rezoning were to be approved. Mr. Simon said that he would like to be granted a year to complete the screening fence. Staff Member Hemenway reviewed the request, the history of enforcement and rezoning requests on the property. He noted that there are currently two screening fences - one along the heavy industrial district boundary line that is compliant; the other is an incomplete fence along the proposed expansion area. Staff Member Hemenway reviewed the approximate distances from neighboring properties and residences to the salvage yard and the proposed expansion area. He reviewed the types of screening required by City Ordinance. He also reviewed possible conditions that could be applied to the rezoning request to help mitigate potential negative impacts of expansion of the salvage yard. He noted receipt of a letter submitted by Attorney Joe Bitter, representing Roger Kunde. Staff Member O'Brien clarified screening requirements as outlined in the City Code. Commissioners reviewed conditions recommended at the former rezoning request. Commissioners reviewed the allowed uses under the agricultural district. Commissioners discussed the mechanism for replacing the plantings that have died. Staff Member Hemenway stated that screening would be required to be replaced if it died as per the site plan requirements. Commissioners noted that by granting the rezoning, they were given additional latitude in placing conditions and further restrictions on the operation. Minutes - Zoning Advisory Commission December 7, 2005 Page 5 Commissioners discussed the reason for the denial by the City Council of the previous requests. Commissioners discussed drainage problems and requirements for issuance of a state permit for erosion control (NPDES permit). The Commission discussed tabling the subject to require proper permitting for erosion control Motion by Hardie, seconded by Bird, to table the request with the condition that the applicant submit an approved NPDES permit prior to the rezoning request. Motion was approved by the following vote: Aye -Smith, Hardie, Christ, Bird, Schiltz, Bichell and Stiles; Nay - None. PUBLIC HEARING\REZONING/AL TER SCRAP PROCESSING/TSCHIGGFRIE EXCAVATING CO. (TABLED): Application of Dawn O'Meara, Alter Scrap Processing/Tschiggfrie Excavating Co. to rezone property located at 190 N. Crescent Ridge from CS Commercial Services and Wholesale, C-3General Commercial and AG Agricultural District to PI Planned Industrial District. Dawn O'Meara, representing Alter Scrap Processing, conducted a PowerPoint presentation. She discussed the landscaping plan for the site and showed perspectives from various locations around the perimeter of the subject property. She discussed the screening, view shed, existing vegetation, adjacent businesses and accumulation of junk in the valley. She said that evergreen vegetation would be 10 feet apart and 8 feet in height at planting. She discussed the detention pond location. Ms. O'Meara introduced her engineer from CPI. She discussed the detention pond configuration, stating that the rim of the detention basin would be 20 feet above the creek. She stated that the detention basin would be an earthen berm with vegetation surrounding it. Ms. O'Meara stated that Alter's existing facility has a 16-foot high fence. Commissioner Bichell stated that there are some cars and trucks that project above Alter's existing screening fence. Ms. O'Meara stated that the reason cars protrude above the existing facility is because it is too small to adequately store all the materials their business processes. She stated that they have been very busy recently. She said that the proposed screening fence will help to muffle sound from their business. Mark Runde, 950 Prince Phillip Drive, said that he represents Medical Associates. He said that noise and inadequate screening are a concern. Bob Hartig, Facilities Manager for Medical Associates, distributed a packet of information. He discussed the packet. He stated concerns with drainage, noise, and views to the property from Medical Associates' campus. He submitted a rendering showing a reduced area for the facility. He stated that photographs submitted by Alter did not reflect views from the upper levels of the clinic or the adjacent residential development. Minutes - Zoning Advisory Commission December 7, 2005 Page 6 Steve Krumpe, O'Connor Thomas & Associates, stated that he represented Medical Associates Clinic. He said that placing a junkyard next to a natural preserve is not consistent with sound planning. He said that the photos submitted by Ms. O'Meara were misleading. He said that the junkyard would be visible from Medical Associates' property. He discussed Code violations for screening for Alter's existing facility. He said that the City has encouraged Alter to relocate to an area that is zoned appropriately. Bill Latham, 35 Oak Grove Drive, said that his house is 13 feet from the proposed rezoning, and that he is opposed. Greg Paulson, 1931 Coates Street, said that he is a physician at Medical Associates Clinic. He said he is concerned with the view from the residential development to the salvage yard, and with the potential noise generated by the industrial activity. Don Duehr, 1525 Lucy Drive, said that he is in favor of the project and that he does not anticipate that it will generate excessive noise. He said the facility will operate eight hours a day. He stated that the area is currently very busy and mixed use in nature. Gene Tully, 440 Summit Street, said that the proposed bike path and natural area is directly adjacent to the salvage yard. He asked that the Commission consider the salvage yard's impact on the environment and the view from Medical Associates Clinic. Scott Frank, 1381 Oak Park Place, said that he is concerned with the potential noise generated by the salvage yard. Charles Winterwood, 1555 Montrose Terrace, said that he is opposed to the proposed salvage yard because it will be unsightly and noisy. Lee Latham, 35 Oak Grove Drive, stated that the residences on Oak Grove Drive will not be screened from the salvage yard. He stated concerns with potential noise generated by the salvage operation. Jeff Gonner, 1012 Barbaralee Drive, stated that he worked for Medical Associates, and that he is concerned with the potential noise from the salvage yard. Paulette Lynn, 9668 Military Road, stated that she works for Medical Associates Realty. She said that screening provided is not adequate to block the view of the salvage yard. She stated that she has concerns with noise pollution and that the salvage yard should be located in a different area of town. Dawn O'Meara said that the pictures she provided were accurate and stated that Alter Scrap had not been issued a violation notice since 1999 when the business was placed under new management. She introduced Alter's engineer, who stated that noise would be managed and would be no louder than the existing train and highway traffic. Minutes - Zoning Advisory Commission December 7, 2005 Page 7 Rod Tschiggfrie, Tschiggfrie Excavating, stated that they have never had a noise complaint on their property, even with the excessive excavation and quarrying activity, including rock crushing for Hobby Lobby's development. Commissioner Schiltz asked how the excavation was undertaken. Mr. Tschiggfrie said that a rock drill and dynamite were used. Staff Member Kritz outlined the staff report, stating that most of the development details had been discussed at the previous meeting. He noted the additional information submitted by Alter and Medical Associates, and he discussed the submitted photos. He distributed a diagram prepared by the Planning Services Department, which showed the distances from the subject property to the surrounding properties and buildings. Commissioner Bird asked about screening and visual impact requirements outlined in the City Code. Staff Member O'Brien said that strict interpretation would require complete coverage of all salvage operations. But, that because of the practicality of enforcement, screening is reviewed on a case-by-case basis. He said that in some instances, distance can be an effective screen. He said that screening requirements for the existing Alter Scrap facility was determined from three separate locations around the facility. Staff Member Kritz stated that an NPDES permit will be required for Alter's development. Mr. Tschiggfrie stated that he had received an NPDES permit for the current excavation activity. Commissioner Hardie said he feels the screening plan is not adequate, and that the PUD mechanism permits Commissioners to place extraordinary controls on development. He said that the applicant is asking for a HI use and that this activity is not appropriate next to commercial and residential development. He said he feels that the salvage yard would be more appropriate in the Dubuque Industrial Center. Commissioner Bichell said that, although the City needs a scrap yard and has to accommodate recycling facilities, he feels that the scrap yard could not be adequately screened at this location without being fully enclosed. He said the noise from the facility may be excessive and that he is primarily concerned with the impact on the bike trail, environment and the need to protect green space. Chairperson Stiles said that circumstances in the area have changed and that the rezoning is appropriate if stringent conditions are required. He asked Staff Member Kritz if a higher fence would be helpful. Staff Member Kritz stated that the topography would limit the effectiveness of a higher screening fence. He stated that the most effective use of a fence would be directly adjacent to the residential properties, because it would block their view to the scrap yard. Minutes - Zoning Advisory Commission December 7, 2005 Page 8 Commissioner Smith said that he believes the proposed salvage yard would be visible from Medical Associates facility. Commissioners discussed the buffer area between the existing residential development and the proposed salvage yard. Commissioner Schiltz said that 500 feet of separation serves as an effective screen. Commissioner Bichell said that the screening, as proposed, would not block the view from the scrap yard to the bike path. Chairperson Stiles that he is in favor of placing a fence along the residential properties. Commissioner Bird said that a screening compromise is needed. Chairperson Stiles said that the Commission needs to pass on a recommendation to the Council. Motion by Stiles, seconded by Schiltz, to approve the request with an amendment requiring the submitted screening and a 10-foot fence bordering the Oak Grove residential properties. Motion was denied by the following vote: Aye -Schiltz and Stiles; Nay- Smith, Hardie, Christ, Bird and Bichell. Motion by Bird, seconded by Smith, to approve the PUD with the submitted screening plan. Motion was denied by the following vote: Aye -Schiltz; Nay - Smith, Hardie, Christ, Bird, Bichell and Stiles. PUBLIC HEARING\REZONING/STOTT & ASSOCIATES ARCHITECTS/RIVER POINTE DEVELOPMENT LLC: Application of Jon Harvey, Stott & Associates Architects/River Pointe Development LLC to rezone property located at 600 Mazzuchelli Drive from R-2 Two-Family Residential District to PUD Planned Unit Development with a PR Planned Residential designation. Steve Juergens, 151 W. 8th Street, said that he represents River Pointe, LLC. He introduced A.J. Spiegel, George Murphy, Jon Harvey, Mike Stott and Tony Zelinskas to the Commission. Mr. Juergens stated that Mr. Spiegel builds quality first-class structures. He discussed the subject property history, noting that the area is characterized by mixed use. He said, in response to concerns expressed by the neighbors and Commission, Mr. Spiegel has reduced the size of his project, and eliminated the office use. He said the building height was reduced from 15 to 12 stories and from 8 to 7 stories, and the number of condominium units from 400 to 250, and the assisted living residence from 50 to 36 units. A.J. Spiegel, 8650 Enterprise Drive, Peosta, said that he is trying to be a better neighbor and offer a compromise solution for his development. He said that his proposed development will supply secure upscale housing which is currently in demand, and which will dramatically improve the site. He said the interior of the site will be a park-like environment and that storm water will be adequately managed. He said that City staff said that the streets and sewer were adequate to serve the site. He said that he is willing to work with local suppliers and labor to see the development through. He said that he is not asking for City funds or tax incentives to build his project. Minutes - Zoning Advisory Commission December 7,2005 Page 9 Mike Stott, Stott and Associates Architects, discussed the project changes. He stated that the reduction in height will reduce the visual impact, increase green space, and reduce the amount of traffic and density. Jon Harvey, Stott and Associates, discussed the site plan and sequencing of development. He displayed a red brick panel sample, illustrating the exterior building materials. Tony Zelinskas, WHKS Engineering, stated that he represents River Ponte Development, LLC. He discussed traffic analysis for the site. He cited Institute ofTraffic Engineers (ITE) and City standards regarding traffic generation. He defined the traffic study, discussed the study area, accident data, traffic counts at intersections, the hours and dates the counts were conducted and trip generation. He discussed the time frame for the study, including no-build, partial build, and full build scenarios. He discussed intersection capacity and level of service changes. He discussed potential improvements to the intersection at Langworthy and Hill Street, and said that if signalized, the level of service at the Langworthy/Hill Street intersection would be improved. He said that it may be appropriate to widen Mazzuchelli Lane and remove parking along Langworthy Street near the intersection and along one side of Cardiff Street to improve traffic circulation. He said that with a signalized intersection, the proposed traffic can be accommodated well past the year 2027. Darrell Mozena, 900 W. 3rd Street, said that the traffic study did not incorporate the W. 3'd Street and Hill Street intersection. He said that data indicates there have been 21 accidents at this intersection. He said that the Cardiff Street and W. 3rd Street intersection is too steep, and that traffic will, in all likelihood, use James Street. He said that the trip generation numbers provided are too low and that the project is too dense. Venice Richardson, 680 Sunset Ridge, spoke in opposition to the request. Thomas Flynn, 2145 Girl Scout Road, stated that he represents the Alliance for Construction Excellence. He spoke in favor of the project. He stated that he has met with Mr. Spiegel regarding the scope of the project, and that labor and management are both unified in voicing their endorsement of the project. He stated that the project has vision, will provide opportunity and will create a landmark for the community. He said that Keane Hall on the Loras College campus, is also a large-scale landmark that is an asset to the community. He said that rural bluff land protection is imperative, but that the bluff area in Dubuque is fully developed. He said that the project is compact and dense, which is efficient and limits urban sprawl. Terri Mozena, 900 W. 3rd Street, said she is pro-Dubuque development, but that such development should compliment the bluffscape. She said that the Zoning Advisory Commission can impose limits on height and density. She said that the quality of life in her neighborhood is an issue. She said that the proposed towers will impact the panoramic Minutes - Zoning Advisory Commission December 7,2005 Page 10 view and that they are too high, too dense, too congested and will generate too much traffic. Dean Rampson, 1158 University Avenue, said he was formerly a city planner. He said that the reduced scale of the project is an improvement, but not enough of an improvement to warrant approval. He said that the development of a project like this would set a precedent for future development along the bluff line and would increase traffic in the area. He said he does not like the brick exterior and gable roofs on the proposed building, and that the buildings should be redesigned to incorporate more limestone. Sister Margaret Ann Wilging, 3390 Windsor Avenue, said that the property should be redeveloped as a park, like Eagle Point, so that visitors to the community could enjoy the vistas. She stated concerns with traffic. Dave Baker, 3555 Castlewood Lane, said that he is satisfied with the traffic analysis provided by the engineer. He said that the project will provide good jobs and will be asset to Dubuque. Charles Winterwood, 1555 Montrose Terrace, stated that he is the chairperson of the Long Range Planning Advisory Commission, and that the Commission voted unanimously to oppose the project because it is too large scale for the bluff area. He discussed Comprehensive Plan goals regarding bluff land development. Helene McGee, 611 S. Grandview, said that she is a new resident to Dubuque. She asked the Commission to be careful and intelligently manage growth. She stated that she is opposed to the development because it is located in the wrong place. Jeff Nagle, 255 Kelly's Bluff, said that existing landmarks within the community are six stories or less in height. He said that the proposed development is too large in scale. He discussed the property history ofthe area. He discussed the traffic analysis, stating he did not agree with the figures provided by the consulting engineer. Dave Rawlings, 895 Stone Ridge Place, said that traffic will be problematic in the area. He said that he is opposed to the project. David Hammer, 720 Laurel Street, said that the project has been scaled down, but only relative to the first proposal. He said that the project is still too large, and that the access is inadequate. He said that the community is not short of space for this scale of project, and that it could be built elsewhere. He said that the design is not appropriate, and that it is not sensitive to the surrounding bluffs. Jeanne Collins, 243 Cardiff Street, spoke in opposition to the request. She expressed concerns with traffic. Minutes - Zoning Advisory Commission December 7, 2005 Page 11 Gene Tully, 448 Summit Street, stated concerns with traffic and said that the project is too large and dense, and that it creates a solar block. Rick Dickinson, representing Greater Dubuque Development Corporation, discussed the history of the riverfront. He asked the Commission to approve the request and forward it to the City Council for further public debate. He said that the project will be a positive icon for the community. Craig Breitbach, 206 Michigan Avenue, Dubuque County, spoke in favor of the request. He said the buildings would be landmarks for the community and that labor organizations back the project. Fran Henkels, 890 W. 3rd Street, said that he is a gatekeeper to the project. He disputed the traffic analysis. He said that the proposed towers conflict with the existing bluff top architecture. He said the buildings and development are too large in scale and that Dubuque has unique topography that needs to be protected. Don Duehr, 1524 Lucy Drive, said that historic preservation districts are already in place to protect existing historic architecture. He said that he is in favor of the proposed project because it will provide jobs. Bob Wiedeman, 162 Cardiff Street, said that he still has traffic concerns with the project. He said that he does not want to see parking limited to one side of Cardiff Street. He said that the project has no alternative access and that storm water runoff onto Dodge Street may create an erosion problem. He stated concerns with blasting and the excavation necessary to construct foundations for the buildings. Francine Banworth, 918 N. Grandview, stated concerns with traffic and parking. She said that the building will cast shadows on the existing residential properties. Paul Schultz, 1008 Victoria Place, discussed the formation of the Environmental Stewardship Commission. He stated that the proposed project will not be an improvement to the bluff land area. He stated that Mr. Spiegel removed mature oak trees on the property, and that the Comprehensive Plan calls for preservation of bluff land area. SA Sutton, 1875 Custer Street, spoke in opposition to the request. She said that the developer has a bad track record with the Eagle Point bluff area. Terry Stewart, 460 Summit Street, said that this is not an all or nothing project. He said that the project could be developed elsewhere, downtown, or that the project could be reduced in size to be appropriate. He said that if the project were to be scaled down and more limestone were incorporated into the design, it may be appropriate. Minutes - Zoning Advisory Commission December 7, 2005 Page 12 Frank Belcastro, 285 N. Grandview Avenue, said that the design will detract from the bluff. He stated that the streets may have to be repaired because of all of the construction activity. He said that the developer has not considered fire safety. He said he is opposed to the project. Matt Lundh, 2875 Marywood, said that the balconies indicated on the towers will be used for exterior storage and will be unsightly. Bill Pauley, 1730 Overview Court, said that the project is oversized and out of character with the neighborhood. He said it will increase sight, light, noise and air pollution. He said that there is no community support for the project and that it will be blight on the bluff. Jim Kemp, 8267 Southern Hills Court, Dubuque County, stated that he is in favor of the project because it will bring jobs to the community. . Steve Juergens offered rebuttal, stating that the lighting for the site will be controlled. He said that the lay testimony regarding traffic and construction engineering offered to the Commission was flawed. He discussed the City Engineer's and the traffic consultant's traffic analysis. He discussed the Eagle Point Bluff project. He stated that there were Comprehensive Plan goals that encouraged such development. He said that the project will generate significant real estate taxes and that it will have private streets on the interior that do not need to be maintained by the City. He said that Mercy Medical Center is 30 feet above the grade of the proposed project and nine stories in height. He said that there is a huge demand by an aging population for this kind of housing. He discussed bluff top development in the community, saying that the bluffs in the City of Dubuque are already developed. Tony Zelinskas was called back to the podium by the Commission to discuss traffic generation. He stated that trip generation is taken from the ITE manual and represents averages from studies conducted throughout the country. He said that the ITE is the standard for development. Commissioner Hardie asked if traffic engineers use professional judgment when conducting traffic studies. Commissioner Schiltz said that he is concerned that the Hill Street and Dodge Street intersection was not studied. He said that he feels that two different traffic engineers could have divergent views on the same project. Staff Member Kritz outlined the staff report. He discussed the project modifications, including elimination of the office use, downsizing of the buildings, and the reduction in the number of units. He said that the City Engineering Department had reviewed the traffic analysis and also secured the services of an outside consulting engineer to double-check the analysis. He said that the buildings had been reviewed the Fire Department and that they would be built to high-rise standards for fire safety. Minutes - Zoning Advisory Commission December 7, 2005 Page 13 Commissioner Bird asked City Engineering staff to discuss the traffic analysis. Staff Member Ness said that he thoroughly reviewed the traffic analysis looking for anomalies. He said that the trip generation, although low, was due to the nature of the development. He said that signals and other geometric improvements will be needed in the future to maintain the level of service at the surrounding intersections. He said that parking on both Langworthy and Cardiff Streets should be reduced to improve traffic movement, and that Mazzuchelli Street should be widened. He discussed accident data for the w. 3rd and Hill Streets intersection. Chairperson Stiles said that the Commission's intent is to facilitate quality development and growth within the community. He said that often, Commission decisions are a judgment call or a matter of opinion. He said that he feels the project compliments the community, and that the developer has offered a compromise. He said that the traffic study was thorough and that revenue generated by the development will pay for any street improvements necessary. Commissioner Hardie asked what improvements the developer should be responsible for. He said that although the traffic analysis is reasonable, he feels that the development is too large in scale and too high. He encouraged Mr. Spiegel to redesign the project with these concerns in mind. Commissioner Christ asked about the stability of the bluff area during the construction process. Mike Stott said that Mr. Spiegel would hire a geotechnical firm to determine the subsurface status of the bluff area. He said that Mr. Spiegel would assure that any damage done during the construction process to adjacent properties would be remanded. He said that the geotechnical firm would study a multitude of construction related issues. Commissioner Bird said he feels the traffic analysis was thorough and that the level of service at surrounding intersections was acceptable. He said he supports the project. Commissioner Smith said that he supports the project based on the modified design and the traffic study. Commissioner Bichell asked if the traffic study accounted for the heavy traffic generated by construction activity. Mr. Zelinskas said that construction activity was not factored into the analysis, but that construction traffic would not be continuous. Mike Stott stated that . construction would occur for approximately six years out of the 12-year development time frame. Commissioner Bichell said that he feels the project would have a large impact on a small residential community, that it would dominate the skyline, and that it should be smaller in scale. Commissioner Schiltz said that the traffic study helped clarify traffic issues at surrounding intersections. He said he is comfortable with the City Engineer's analysis. He said that density, size and height are excessive, and that the project should be scaled down Minutes - Zoning Advisory Commission December 7,2005 Page 14 Motion by Bird, seconded by Christ, to approve the rezoning as submitted. Motion was denied by the following vote: Aye -Smith, Bird and Stiles; Nay - Hardie, Christ, Bichell and Schiltz. ADJOURNMENT: The meeting adjourned at 12:30 a.m. Respectfully submitted, Adopted Kyle L. Kritz, Associate Planner