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MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
6:00 p.m.
Wednesday, December 5, 2012
City Council Chamber
350 W. 6th Street, Dubuque, Iowa
PRESENT: Chairperson Charles Miller; Commissioners Stephen Hardie, Martha Christ,
Patrick Norton, Tom Henschel and Ron Smith; Staff Members Kyle Kritz and
Guy Hemenway.
ABSENT: Commissioner Eugene Bird, Jr.
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 November 7, 2012 meeting were approved unanimously as
submitted by a vote of 6 to 0.
ACTION ITEMIFINAL PLAT: Application of: McDermott Brothers Construction for approval
of the Final Plat of Survey Brunksill Street Place No. 1 for property located in the 3000
block of Brunskill Road.
Commissioner Norton excused himself from the table.
Dan McDermott, 9010 Royal Wood Drive, detailed his project. He noted that the structures
had to be built prior to subdividing the lot so that the lot lines could follow the common walls
between each unit.
Staff Member Kritz reviewed the staff report, noting the final plat allows for six townhouses.
He discussed the extension of City sewer to the project and the dedication of Lot B for
expansion of the Brunskill Road right -of -way. He stated that the buildings would be served
by a private drive. He said that the Fire Department had reviewed and approved the site
access. He said that Lot A will serve as a detention basin that will ultimately be dedicated
to the City. He noted the need to waive lot frontages.
Commissioners discussed the request and felt it was appropriate.
Minutes — Zoning Advisory Commission
December 5, 2012
Page 2
Motion by Hardie, seconded by Christ, to approve the Final Plat of Brunskill Street Place
No. 1, subject to waiving the lot frontage requirements for Lots 2 -6, inclusive, and Lot A.
Motion was approved by the following vote: Aye — Smith, Hardie, Christ, Henschel and
Miller; Nay — none; Abstain — Norton.
ACTION ITEMIPLAT OF SURVEY: Application of North Cascade Road Developers, LLC,
to approval the Final Plat of Timber -Hyrst Estates #3 for property located in the 2000 block
of Creekwood Drive.
Commissioner Norton excused himself from the table.
Marty McNamer, 1800 Manson Road, stated that he represented North Cascade Road
Developers. He said that he wanted to finish the second half of Phase #2 of Timber -Hyrst
Estates Subdivision.
Staff Member Kritz outlined the subdivision history, noting that Creekwood Drive would be
extended and a new cul -de -sac street would be added. He said that a secondary access
would be provided in the next phase of the subdivision. He said that the City Fire and
Engineering Departments met with the developer and have agreed that a second
connection from North Cascade Road to the subdivision will be created in the next phase
of the development. He said that, if necessary, a temporary access will be created if the
next phase does not extend all the way to Creekwood Drive. He noted that parkland has
been dedicated as required.
Commissioner Smith questioned the lack of a secondary access. Staff Member Kritz
clarified that the current access arrangement was approved as part of the preliminary plat
of Timber -Hyrst Estates #2.
Commissioners discussed the request, reviewing the phasing of the development and the
need for and timing of a secondary access in light of the July 2011 storm that cut -off
access to the subdivision.
Motion by Henschel, seconded by Christ, to approve the Final Plat of Timber -Hyrst Estates
#3 subject to waiving the maximum cul -de -sac length standard. Motion was approved by
the following vote: Aye — Smith, Hardie, Christ, Henschel and Miller; Nay — None; Abstain
— Norton.
ACTION ITEM/WAIVER: Application of Portzen Construction, Inc./Trinity Townhouses,
LLC requesting to waive the Old Town Neighborhood Overlay District design guidelines
established in Article 6 -6 of the Unified Development Code regarding building setback and
design for property located in the 1700 block of Garfield Avenue.
Mike Portzen, representing Portzen Construction and Trinity Townhouses, LLC, distributed
photos and an informational packet to the Commission. The packet included photos of
houses in the Rhomberg Avenue and Garfield Street area that had setbacks in excess of
Minutes — Zoning Advisory Commission
December 5, 2012
Page 3
20 feet. He said it is not possible to meet both the ECIA Affordable Housing standards and
the Unified Development Code standards and make the project viable. He noted that
under current Unified Development Code regulations he could build duplexes without
complying with any of the Old Town Neighborhood Design Guidelines.
Staff Member Hemenway reviewed the staff memo. He summarized Mr. Portzen's request,
noting that he is asking to waive the setback and building facade design guidelines. He
reviewed the development of, and rationale for, the Old Town Neighborhood Design
Guidelines. He also discussed the recommendations provided by the Safe Community
Task Force.
Commissioner Hardie asked if duplexes were subject to the Old Town Neighborhood
Design Guidelines. Staff Member Hemenway explained that the Old Town Neighborhood
Design Guidelines were only required for developments of three or more units because
those developments are subject to site plan review.
Chairperson Miller asked if federal and local rules are in conflict with the City's design
guidelines. Staff Member Hemenway distributed a letter submitted by Candace Eudaley of
ECIA, and noted that a member of ECIA is available to answer questions from the
Commission. Commissioners read the letter, and Commissioner Hardie noted that the
letter stated that ECIA required that the project meet all local code requirements. He
stated he is opposed to the wavier because the Old Town Neighborhood Design
Guidelines exist to insure that development is compatible with existing architecture and
sensitive to the historic nature of the neighborhood.
Mr. Portzen said that if the waivers are not approved, it will kill the project. He said that the
additional cost per unit would increase, and that they would then not meet the affordable
guidelines established for the ECIA program. Commissioner Hardie said that the rules
have been in place for several years and that developers should be aware of them when
developing their projects.
Motion by Hardie, seconded by Henschel, to approve the waiver of the Old Town
Neighborhood Overlay District Guidelines. Motion was denied by the following vote: Aye —
Henschel; Nay — Smith, Hardie, Christ, Norton, and Miller.
PUBLIC HEARING /ID AMENDMENT: Application of Finley Hospital to rezone property
located at 390 & 444 North Grandview Avenue from OS Office Service District and OR
Office Residential District to ID Institutional District
David Brandon, President and CEO of Finley Hospital, reviewed the request to expand the
hospital's institutional district. He submitted a concept plan to the Commission and
discussed proposed changes to the Finley campus that he said included a building addition
and interior floor plan reconfiguration. He said that the new building will have 37,000
square feet on each of two floors and will include additional off - street parking.
Minutes — Zoning Advisory Commission
December 5, 2012
Page 4
Frank Belcastro, 285 North Grandview, expressed concerns regarding the noise that he
said will emanate from the proposed helicopter pad. He also stated that he was concerned
with the effectiveness of directional signage for emergency access to the hospital facility.
He said that signage issues need to be addressed. A written comment in support from the
owners of property at 1725 Delhi Street was received and filed.
Eric Whitland, Envision Architects, said that helicopter noise is a function of distance. He
said that the new heli -pad location will be two - stories up and farther away from the
surrounding properties than the existing location. He said that he will work with the
Commission, staff and property owners to develop a logical signage package for
emergency access to the facility.
Staff Member Hemenway reviewed the rezoning request, noting existing land use and
zoning. He noted that the concept plan distributed at the meeting was not part of tonight's
request. He said that if Finley chooses to proceed with an addition in the future, they would
have to return to the Zoning Advisory Commission and City Council with a concept plan
that would include details regarding parking, traffic circulation, and building scale and
design.
He said that the current request is to incorporate the two parcels totaling approximately one
acre located along Grandview Avenue into Finley's ID District. He said that the request will
enable Finley to expand without crossing the surrounding streets and encroaching on
existing residential neighborhoods.
Commissioners discussed the request and felt it was appropriate.
Motion by Hardie, seconded by Christ, to approve the rezoning request as submitted.
Motion was approved by the following vote: Aye — Smith, Hardie, Christ, Norton, Henschel,
and Miller; Nay — None.
ITEMS FROM COMMISSION: Commissioners discussed an extension of Creekwood
Drive and what they felt was a significant street length without a secondary access.
Commissioners stated that it was important to critically assess each and every
development to insure that when needed, secondary access is available for emergency
purposes.
ADJOURNMENT: The meeting adjourned at 7:00 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted