Minutes_Zoning Advisory Commission 11 7 12THE CITY OF
DUB
i
2012
Dubuque
Masterpiece on the Mississippi
MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
6:00 p.m.
Wednesday, November 7, 2012
City Council Chamber
350 W. 6m Street, Dubuque, Iowa
D
PRESENT: Chairperson Charles Miller; Commissioners Stephen Hardie, Martha Christ,
Patrick Norton, Tom Henschel and Eugene Bird, Jr.; Staff Members Kyle Kritz
and Guy Hemenway.
ABSENT: Commissioner Ron Smith.
CALL TO ORDER: The meeting was called to order at 6:00 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 September 5, 2012 meeting were approved as submitted by a
vote of 5 to 0, with one abstention.
ACTION ITEMIWAIVER: Application of the Dubuque Community School District to request to
waive Article 13- 3.1(B) and 13- 3.5(D) of the Unified Development Code regarding site lighting
and parking lot landscaping islands for property located at 2135 Woodland Drive (Kennedy
Elementary School).
Mark Fassbinder, IIW Engineers & Surveyors, noted that the school district's request for a
parking variance was reviewed and approved by the Zoning Board of Adjustment. He said that
Kennedy Elementary School would like to place an addition on the north end of the building and
not change the parking lot configuration. He said that they would like to retain the existing light
fixtures and not be required to install the intermediate landscaped islands in the parking lot. He
said that the new addition will meet all Unified Development Code and other City code
requirements. He said that Kennedy School does not want to retrofit the existing building and
parking lot lighting or add parking lot islands. He said the addition will represent a
reconfiguration of the interior floor plan and not increase the number of staff or students.
Staff Member Kritz reiterated the request and discussed an aerial photo, noting the location of
the parking lot, light standards, and building lighting. He discussed the Zoning Board of
Adjustment action regarding the variance and how parking requirements are established for
schools. He discussed the required landscaped islands, noting developing a parking lot
elsewhere on the site would be problematic.
Minutes — Zoning Advisory Commission
November 7, 2012
Page 2
In response to a question by Commissioner Norton, Mr. Fassbinder said that the school would
have to upgrade four light fixtures. Commissioner Hardie said that the school district should
embrace sustainability and provide the required landscaping and green space.
Staff Member Kritz outlined the former site plan waiver requests reviewed by the Commission.
Commissioner Hardie said he felt it would not be difficult to install cut -off luminaries on the
current light fixtures. Commissioner Henschel said that he is not concerned with the lack of
landscaped islands, but does have concerns with the affect of lighting on the neighborhood.
Chairperson Miller agreed and noted that some additional surface parking could be created on
the site.
Commissioner Norton said that he did not have concerns with not requiring additional
landscaped islands, because the existing berm screens the lot from the adjacent properties and
that one additional island would not significantly improve the site. He noted that excessive
lighting will generally generate complaints.
Commissioners decided to consider the request to waive the requirements regarding
landscaping and lighting separately.
Motion by Norton, seconded by Henschel, to waive Article 13- 3.1(B) Site Lighting. Motion failed
by the following vote: Aye — Norton; Nay— Hardie, Christ, Bird, Henschel and Miller.
Motion by Henschel, seconded by Norton, to waive Article 13- 3.5(D) Landscaping. Motion failed
for lack of four affirmative votes by the following vote: Aye — Christ, Norton and Henschel; Nay —
Hardie, Bird and Miller.
ACTION ITEMIPLAT OF SURVEY: Application of Marty McNamer and David Hartig for
approval of the Plat of Survey for McNamer Acres #4 for property located in the 1600 block of
Old Mill Road.
Pat Norton stepped down from the table. The applicant was not in attendance.
Staff Member Kritz noted the property's size, location and configuration. He said that Lot 1 will
have no frontage and therefore the Zoning Advisory Commission must waive that requirement.
He discussed the history of the flooding in the area, and floodplain restrictions for the property.
He discussed the existing floodplain buy -out program and said that the property will be
dedicated to a conservancy easement. He said the applicants have expressed no intention to
build on the property, but if they did, any development would require that a Conditional Use
Permit be reviewed and approved by the Zoning Board of Adjustment. Staff Member Kritz
recommended approval of the Plat of Survey of McNamer Acres #4, subject to waiving lot
frontage for Lot 1.
Motion by Hardie, seconded by Bird, to approve the plat of Survey of McNamer Acres #4,
subject to waiving the lot frontage requirement for Lot 1. Motion was approved by the following
vote: Aye — Hardie, Christ, Henschel, Bird and Miller; Nay — None; Abstain — Norton.
ACTION ITEM /REZONING: Application of Louis and Irene Bassler to rezone property located
at 2995 Asbury Road from R -1 Single- Family Residential to OR Office Residential District.
Minutes — Zoning Advisory Commission
November 7, 2012
Page 3
Louis Bassler, 13774 Surrey Lane, reviewed his request to rezone the property, noting that his
daughter would like to convert the building to a small medical clinic. Mr. Bassler distributed an
outline of their proposed business and a site plan, noting the location of a small parking lot,
walkway and landscaping. Mr. Bassler noted that there were existing commercial uses across
Avalon Road, and he said he felt a small clinic of this nature would have minimal impact on the
surrounding residential properties.
Brian Blair, 3893 Crescent Court, spoke in support of the request, noting that the neighborhood
has existing businesses, and that a small business would be consistent with the Asbury/Carter
Road corridors. Two written comments in support were received.
Staff Member Hemenway reviewed the permitted uses in an OR District. He noted that the size
of the lot constrains the number and intensity of uses that could realistically utilize this site. He
reviewed the parking requirements for medical offices. He discussed the surrounding zoning
and land use, traffic counts and noted the available on- street parking.
Commissioner Bird asked if the parking space along Asbury was necessary. Staff Member
Hemenway clarified the parking requirements, noting that the parking lot on the Avalon Road
side could satisfy the parking requirements established in the Unified Development Code.
Commissioner Norton discussed the development of commercial properties along Asbury Road
in close proximity to the subject lot. Commissioner Christ said that she was not comfortable with
an expansion of commercial activity into an R -1 Residential area. She said she was opposed
for that reason. Commissioner Bird said that he preferred that no access be allowed onto
Asbury Road from the existing driveway as a matter of public safety. Mr. Bassler noted that the
site plan indicated a turnaround area for the Asbury Road driveway, stating that a vehicle parked
in the garage or in the driveway could back into the turnaround area and then safely pull forward
onto Asbury Road. He said that the patients for the clinic would use the side parking.
Commissioner Bird said that given Mr. Bassler's intention to pave a turnaround area on the front
drive, that he withdrew his objection for driveway access to Asbury Road.
Commissioner Hardie said that he felt that rezoning to OR represents very minimal change in
the neighborhood and he noted that none of the neighbors have expressed opposition.
Commissioner Henschel agreed with his assessment.
Motion by Henschel, seconded by Bird, to approve the rezoning from R -1 Single - Family
Residential to OR Office Residential District. Motion was approved by the following vote: Aye —
Hardie, Norton, Henschel, Bird, and Miller; Nay— Christ.
PUBLIC HEARING /ID AMENDMENT: Application of University of Dubuque to amend the
Institutional District Campus Plan to change outdoor practice field into an indoor practice facility
located at 2000 University Avenue.
Keith Wipperfirth, Director of Construction Management for the University of Dubuque,
discussed the project history, and noted the location, height, size, and floor plan for the
proposed indoor practice facility. He said that there would be no additional staff assigned to the
facility. He said that the volume of the storm chambers under the parking area would be
Minutes — Zoning Advisory Commission
November 7, 2012
Page 4
increased to accommodate the additional runoff from the reduced permeable area created by
the facility.
Mike Larkin, 24 Princeton Place, spoke in opposition to the request, noting concerns with the
potential damage caused by storm water runoff and the impact of site lighting. He said that
students often park on Princeton Place and cut through yards to access the recreational
facilities. Staff distributed a site plan to Mr. Larkin. He said that he would like additional
information about the project. He said that the continuing expansion of the University of
Dubuque's facilities has led to a neighborhood decline and has had a negative impact on
property values. He said that the development will likely increase traffic to the area.
Amy Kane, 168 Princeton Place, said she is opposed to development of more large structures
behind the houses on Princeton Place. She said the existing facilities are creating problems
with excessive lighting and noise. She said that exhaust fumes from the parking lot increase the
amount of air pollution, and that cut - through pedestrian traffic is a problem. She said that storm
water periodically runs into their yards and that her view to the former field area has been
blocked by trees planted by the University.
Mr. Wipperfirth said that the University of Dubuque does not condone student cut - through traffic
and he noted that the neighbors requested that arborvitae be planted along the property line to
serve as screening. He said that the University is working to resolve some of the storm water
runoff issues by increasing the size and capacity of the storm chambers.
Commissioner Christ asked if the current lighting levels can be reduced or redirected so as to
have less of an impact on the adjacent properties. Mr. Wipperfirth said that the light levels were
dictated by the requirements necessary for each sporting activity.
Commissioner Christ asked if the no student parking districts could be expanded. She
expressed concerns with the safety of students crossing streets during sporting events often
after dark.
Mr. Wipperfirth said that the University does not have the additional staff needed to monitor an
expanded no student parking area. He attempted to explain student parking behavior and some
of the obstacles the University faces regarding control of student parking. Commissioners said
that they felt the University could do a better job of controlling student parking through various
measures that have been undertaken at other schools and universities throughout the country.
Chairperson Miller recommended that the University limit outdoor activity hours when possible
so as to reduce the impact of lighting on the neighborhood. He asked if the fence could be
extended along the property line to help eliminate or reduce cut - through traffic. Mr. Wipperfirth
said that a six -foot high chain link fence would be placed along the property line and would be
installed as part of the future housing project.
Commissioners discussed the timing of the housing, parking and practice facility projects. Staff
Member Kritz explained stadium lighting requirements, noting that cut -off luminaries are not
practical for stadium lighting. He noted that a significant on- campus expansion necessitates
Zoning Advisory Commission review. He discussed the development history of this portion of
the campus, noting the location of the new practice facility. He said he had received a letter
Minutes — Zoning Advisory Commission
November 7, 2012
Page 5
from Jerry and Jean Mootz, expressing concerns similar to those of that the neighbors already
articulated. He noted the parking lot location and access and said that additional storm water
chamber capacity would be added and the storm water management for the facility would be
reviewed through the site plan review process. He noted the location of the arborvitae
screening, which he said was added in 2010, and said that a six -foot high chain link fence would
help reduce cut - through traffic.
Chairperson Miller inquired about the location of the south terminus of the proposed fence,
asking if the fence could be extended the full length of the property. Commissioner Hardie said
he thought that the University could willingly extend the fence without being prompted by the
Commission. Commissioners discussed the request, and felt that it would be advisable to
require that a fence be placed along the property line to limit cut - through pedestrian traffic.
Motion by Christ, seconded by Bird, to approve the request to amend the Institutional District
Campus Plan to allow conversion of the outdoor practice facility into an indoor practice facility
with the condition that a six -foot high security fence be extended to the south end of the soccer
field. Motion was approved by the following vote: Aye— Hardie, Christ, Norton, Henschel, Bird
and Miller; Nay — None.
ITEMS FROM STAFF: Staff Member Kritz noted that Tom Thompson had submitted a letter of
apology informing the Commission that missing the last Commission was an oversight on his
part.
ADJOURNMENT: The meeting adjourned at 7:45 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted