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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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