Minutes Zoning Adv. Comm. 1 4 06
MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
Wednesday, January 4, 2006
6:30 p.m.
Auditorium, Carnegie Stout Library
360 W. 11th Street, Dubuque, Iowa
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PRESENT: Chairperson Jeff Stiles; Commissioners Ron Smith, Martha Christ, Eugene
Bird, Jr., Ken Bichell and Dick Schiltz; Staff Members Guy Hemenway and
Kyle Kritz.
ABSENT: Commissioner Stephen Hardie.
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 December 7, 2005 meeting were approved unanimously as
submitted.
ACTION ITEM\FINAl PlATIlOTS 1 THRU 3. INCLUSIVE. OF KUNDE PLACE NO.2:
Application of Buesing & Associates for approval of the Final Plat of Lots 1 thru 3,
inclusive, of Kunde Place NO.2 located along Old Highway Road West.
Jim Bradley, 8636 Military Road, said that he represents the property owner. He described
the proposed replat of the property. He clarified for the Commission that the property is
located west of the Standard Oil facility on Old Highway Road.
Staff Member Kritz outlined the staff report, noting that the proposed subdivision is within
two miles of the City, and therefore, subject to both City and County review. He stated that
because of County setback requirements, Lot 2 has been labeled non-buildable. He
recommended approval subject to waiving Article IV.
Commissioners felt the plat was appropriate.
Motion by Bird, Seconded by Christ, to approve the final plat of lots 1 thru 3, Inclusive, of
Kunde Place No.2, subject to waiving Article IV, except for Section 42-19, lots and Blocks.
Motion was approved by the following vote: Aye - Smith, Christ, Bird, Bichell, Schiltz and
Stiles; Nay - None.
ACTION ITEM\REZONING\KUNDE (TABLED): Application of Roger Kunde/North End
Wrecking (tabled) to rezone property located at 55 W. 32nd Street from AG Agricultural
District to HI Heavy Industrial District.
Minutes - Zoning Advisory Commission
January 4, 2006
Page 2
Motion by Bird, seconded by Smith, to table the rezoning request as per the written request
submitted by the applicant. Motion was approved by the following vote: Aye - Smith,
Christ, Bird, Bichell, Schiltz and Stiles; Nay - None.
PUBLIC HEARING\REZONING\CITY OF DUBUQUE/EDWARD BROWN (TABLED):
Application of the City of Dubuque/Edward Brown (tabled) to rezone property located at
468 E. 12th Street (parcel #10-24-444-001) from HI Heavy Industrial District to MHI
Modified Heavy Industrial District.
Staff Member Hemenway reviewed the request, noting that Mr. Brown was sent a second
letter regarding the rezoning request. He reviewed the MHI versus HI district regulations
and the history of zoning on the subject and surrounding property. He discussed the
Freeway Corridor Plan, noting that the plan recommended rezoning this property to MHI to
protect the corridor and ultimately relocate junkyards.
The Commission questioned why the subject lot was not part of a broader rezoning that
incorporated additional properties. Commissioners reviewed the Freeway Corridor and
Comprehensive Plan recommendations for the property.
Commissioner Smith noted that the Freeway Corridor Plan called for protection of the
gateway, relocation of salvage yards and the addition of landscaping. Commissioners
discussed the rezoning request and felt it was appropriate.
Motion by Bird, seconded by Smith, to approve the rezoning as submitted. Motion was
approved by the following vote: Aye - Smith, Christ, Bird, Bichell, Schiltz and Stiles; Nay-
None.
PUBLIC HEARING\REZONING\ALLAN & CONNIE ROWELL/CITY OF DUBUQUE:
Application of Allan & Connie Rowell/City of Dubuque to rezone property located along
Southern Avenue from POS Public Open Space District to R-1 Single-Family Residential
District.
Chairperson Stiles read into the record a letter regarding the rezoning submitted by S. A.
Sutton.
Mr. and Mrs. Rowell stated that they had grown up on South Locust and would like to be
able to build a new house in their old neighborhood. Mr. Rowell submitted letters of
support signed by adjacent property owners.
Dave Pin, 405 Southern Avenue, expressed concerns regarding existing utilities and the
possible impact of the proposed single-family residence on traffic safety. He stated that
locating a house here would eliminate green space and would be visible out of his side
picture window. He expressed concerns with the street width, parking, and the extension
of water and sewer utilities to the site.
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January 4, 2006
Page 3
Jan Oswald, 1440 Parkway, said that she owns property along Tressa Street and had
received notification regarding the rezoning. She stated that she reviewed the goals ofthe
Comprehensive Plan and noted that protection of park and open space and creation of
urban green space was recommended. She said that she is opposed to the rezoning.
Mr. Rowell explained how utilities would be extended to the site with minimum excavation
to Southern Avenue.
Staff Member Hemenway reviewed the request, noting surrounding zoning and land use,
topography and the remnant areas to be used as park and open space. He discussed the
Freeway Corridor Plan and Comprehensive Plan noting that both recommended that the
area be designated as open space. He noted the location of the utilities, stating that
sanitary sewer was available along the property frontage but water would have to be
extended approximately 600 feet from its terminus at Samuel Street.
Commissioners discussed the rationale for the original rezoning to POS. They stated that
it was their recollection that the City, with the intent to create open space, outbid Molo
Company for the property. Commissioners reviewed the location of the bluff line and
questioned whether there was adequate room for the placement of a house.
Commissioners queried Leisure Services Manager GiI Spence, asking how much area to
the south was dedicated for parkland. Mr. Spence stated that the subject property was not
suitable for a park because it was primarily a steep wooded bluff. He stated that the Park
and Recreation Commission reviewed the Rowells' request to purchase the property and
recommended approval of the sale to the City Council. He stated the City Council has also
approved the sale of the property contingent on the rezoning, with the stipulation that no
portion of the bluff be excavated. He stated there is be approximately 600 feet between
Mr. Pin's home and the proposed house.
Commissioner Bichell asked if there were any restrictions on the cutting of trees and
removal of vegetation from the property. Mr. Spence stated that there were no such
conditions. Commissioner Bichell said that he felt the subject area was more appropriate
as an urban green space.
Commissioners reviewed language in the staff report regarding the request's concurrence
with the Comprehensive and Freeway Corridor Plans. Commissioner Smith stated that he
did not see the logic in placing a single-family home between a proposed park on the south
and green space on the north. He stated that the property was highly visible from the
Freeway Corridor.
Commissioner Schiltz stated that he felt the Comprehensive and Freeway Corridor Plan
recommendations, which were reviewed and approved by the City Council, should be
followed. He said that he saw no compelling reason why this property should be rezoned.
Minutes - Zoning Advisory Commission
January 4, 2006
Page 4
Motion by Bird, seconded by Christ, to approve the rezoning request as submitted. Motion
was denied by the following vote: Aye - Bird and Stiles; Nay - Smith, Christ, Bichell, and
Schiltz.
PUBLIC HEARING\AMEND PUD\PETER ECK. EQUITY BUILDERS: Application of Peter
Eck, Equity Builders to amend the existing PUD Planned Unit Development located along
the Northwest Corner of Tanzanite Drive and Sapphire Circle.
Peter Eck, 760 Tanzanite Drive, discussed the original PUD. He said the intent of
clustering the housing was to make the residences more affordable. He said that nearby
property has residential cluster housing starting at $109,000 per unit. He said the existing
zoning on the property allows six-plexes, but that his intention is to create four-plex
condominium clusters. He stated that he wants to construct a total of 68 units, which is
short of the 72 units that are permitted by the underlying R-3 Moderate Density Multi-
Family Residential zoning. He said that the driveway configuration and number of curb
cuts would be the same as the original PUD. He said that the underlying zoning is still R-3.
He discussed the surrounding property.
Paul Horsfall, 1655 Finley Street, stated that he purchased a lot within 200 feet of the
proposed zoning change. Mr. Horsfall stated that he is concerned with property values,
demand on parking, lack of green space, low water pressure and water supply.
Staff Member Kritz clarified uses for Zone A and B of the PUD district, stating that Zone B
would remain R-1.
Cathy Lee Smith, 507 Sapphire Circle, said she is opposed to the project. She said it is
too dense. She stated that many of the neighbors have upgraded their housing and do not
want to be next to apartment-style residences.
Dan Bublitz, 635 Sapphire Circle, said he is opposed to the development because of its
potential impact on the value of surrounding property. He stated he is concerned with
traffic safety, driveway accesses, and parking. He said that access to the units was not
designed for elderly or handicapped and, therefore, they would be sold to families with
children. He said there is no green space for children to play. He said because of building
density he is concerned with fire safety. He said that he feels the buildings are too close to
each other.
George Frode, 585 Tanzanite Drive, said that Equity Builders have a reputation for not
finishing projects. He said that his driveway has not been paved. He said that he is
concerned with the density of the development and the loss of view.
George Beaves, 4190 Sunset Park Ridge, said that he is opposed to the building design.
He said that are water pressure problems in the neighborhood and that traffic safety is an
issue due to the difficult driveway accesses.
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January 4, 2006
Page 5
Monty Bascomb, 605 Sapphire Circle, said he is opposed because the project is an
eyesore and will have a negative impact on property values.
Sharon Matz, 589 Tanzanite Drive, submitted photos to the Commission.
Diane Hetzler, 648 Sapphire Circle, said that she lives in one of the existing duplexes. She
said that she has concerns with traffic safety, density, water quality and pressure, and
storm water runoff.
Rod Tschiggfrie, 600 Sapphire Circle, said that he was involved in the original development
of Emerald Acres. He said that the project should follow the original design and that traffic
safety is an issue. He said that water pressure is a citywide problem that should ultimately
be resolved. He asked that the Commission require that the development be built to the
same density as originally proposed.
Paul and Debra Herberger, 591 Sapphire Circle, said they are concerned with traffic safety
and density of development.
Richard Johnson, 615 Sapphire Circle, said that he is concerned with water pressure, poor
architectural design and traffic safety.
Peter Eck said that he was unaware of the water problem in the neighborhood. He said the
residential units will have two car garages with two parking pads in front. He said that there
will only be eight units per driveway versus the 16 stated. He said that the Fire Department
expressed no concerns regarding the proximity of the buildings to each other and have
approved the original plan. He stated that he has not proposed decks or fireplaces on the
units. He said he is trying to create affordable housing in this area. He said that he would
be allowed to place six-unit apartment buildings on this property but that his intention is to
develop family-owned housing.
Staff Member Kritz said that the request is to amend the original PUD to allow 68 versus
the 40 units originally permitted. He said that Tanzanite Drive was designed as a collector
street and should be able to handle an increase in traffic volume. He said that speeding
along Tanzanite Drive, while problematic, is a Police enforcement matter. He discussed
the original PUD and the underlying R-3 requirements including density and lot area. He
said that existing R-3 regulations may make it possible to place 72 units on the property.
He said that development of this property will increase traffic in the area. He said that
based on rates obtained from the Institute of Traffic Engineering manual, that
approximately 165 vehicle trips per day will be added by the proposed change to ti-,e PUD.
He discussed traffic and parking issues. He stated that a new water tower along Roosevelt
Road has been proposed in the City's CIP, and that when constructed, it should help
alleviate water volume and pressure problems in this area.
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January 4, 2006
Page 6
Commissioner Schiltz said he feels this proposal represents a major increase in the
density. He said that it is not the Commission's charge to maximize the developer's profit
margin.
Commissioner Smith asked how many units had currently been built. Mr. Eck stated he
has built 10 units with two more under construction. Commissioner Bird said he is
concerned with the density of the project. Staff Member Kritz said that the Commission
cannot rezone the underlying R-3 zoning without renotification.
Chairperson Stiles said that he feels the City is adequately addressing the water pressure
problems. He said he is not supporting the project because of excessive density.
Commissioner Bird asked if six-plexes could be built under existing R-3 standards. Staff
Member Kritz said that it was possible, but a site plan is needed to determine if all City
standards could be met.
Commissioners discussed amending the PUD by removing the underlying R-3 zoning.
Commissioners decided to table the current request by Mr. Eck and direct staff to prepare
a PUD amendment on behalf of the Commission.
Motion by Bird, seconded by Christ, to table the request. Motion was approved by the
following vote: Aye - Smith, Christ, Bird, Bichell, Schiltz and Stiles; Nay - None.
PUBLIC HEARING\REZONING\JOHN GRONENIWASHINGTON COURT LLLP:
Application of John GronenlWashington Court LLLP to rezone property located at 1798
Washington Street from OR Office Residential District to OS Office Service District.
John Gronen, representing Washington Court LLLP, reviewed his request, noting that the
rezoning is necessary to allow a health care clinic in the subject building. He said that the
clinic will utilize approximately 6,500 square feet of the main floor of the building and
possibly be expanded to 8,000 square feet in the future. He reviewed the parking plan for
the facility.
Public Health Specialist Mary Rose Corrigan outlined the details of the health clinic and
specified the targeted populations. She said that clinic is not a free clinic but will use a
sliding scale fee system. She said she anticipated the majority of the clients will come
from the neighborhood and that others may come from throughout the tri-state area. She
noted that the Washington Street Executive Council and Neighborhood Council have
provided a letter of support for the project. She said that the project will provide a
doctor/nurse practitioner and dentisUhygienist and other staff support.
Staff Member Hemenway reviewed the previous rezoning request and the allowed uses in
the OR District versus the OS District. He reviewed parking C1vaiiaiJility and parking lot
locations. He noted that the existing property serves as a transition between the more
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January 4, 2006
Page 7
commercialized Elm Street corridor and the Washington Street neighborhood, which he
said consists primarily of single and two-family residences.
Commissioners discussed the request and felt it was appropriate.
Motion by Christ, seconded by Bird, to approve the rezoning as submitted. Motion was
approved by the following vote: Aye - Smith, Christ, Bird, Bichell, Schiltz and Stiles; Nay-
None.
ITEMS FROM PUBLIC: Roger Kunde, 55 W. 32nd Street, stated that he is the owner of
North End Wrecking Company. He said that he looked forward to his upcoming rezoning
request and he invited the Commissioners to visit his salvage yard. He stated that he
would gladly give them a tour of his facility. He said the City should make accommodations
for recycling all sorts of commodities, including automobiles.
ITEMS FROM COMMISSION: Commissioner Schiltz asked if criteria could be established
regarding screening, sight visibility and proximity as it regards screening industrial and
commercial uses. Commissioners discussed the request.
Commissioner Christ said that she feels it would be more appropriate to limit all public input
on rezoning cases to 3 minutes. Commissioner members discussed the pros and cons of
limiting public discussion.
Commissioner Bird recommended that staff be directed to amend the Tanzanite Drive PUD
to remove the underlying R-3 zoning. Commissioners discussed the request and felt that it
was an appropriate measure.
Motion by Bird, seconded by Christ, to direct staff to submit an application requesting to
amend the Tanzanite Drive PUD District by removing the underlying R-3 Moderate-Density
Multi-Family Residential zoning district. Motion was approved by the following vote: Aye-
Smith, Christ, Bird, Bichell, Schiltz and Stiles; Nay - None.
ADJOURNMENT: The meeting adjourned at 9:00 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner
Adopted