Minutes Zoning Advisory Comm. 2 1 06
.
MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
Wednesday, February 1, 2006
6:30 p.m.
Auditorium, Carnegie Stout Library
360 W. 11 th Street, Dubuque, Iowa
DRAfT
PRESENT: Chairperson Jeff Stiles; Commissioners Eugene Bird, Jr., Dick Schiltz, Ken
Bichell, Martha Christ, Stephen Hardie and Ron Smith; Staff Members Tim
O'Brien, Kyle Kritz and Guy Hemenway.
ABSENT: None.
CALL TO ORDER: The meeting was called to order at 6:31 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 January 4, 2006 meeting were approved unanimously as
submitted.
ACTION ITEM\PRELlMINARY PLAT: Application of Lester Jennings for approval of the
preliminary plat of Walnut Ridge Estates located along Cottingham Road in Dubuque
County.
Lester and Barbara Jennings, 11142 Cottingham Road, introduced Ken Moore and Tom
Larsen. Mr. Moore reviewed the preliminary plat for the proposed subdivision stating that
the proposed roadway will serve only five building lots. He asked that the Commission
approve a 22-foot wide street rather than a 26-foot wide street or a 27 -foot wide street with
curb and gutter, as recommended in the staff report. He stated that the 22-foot pavement
width is a county standard.
Staff Member Hemenway reviewed the plat, discussing access, number of lots and the
location of existing homes and easements. He stated that this property is located in a
secondary growth area and noted that Lot 4 has no frontage. He recommended that the
Commission require either a 26 or 27-foot wide roadway built to City standards, and that
easements be provided for future extension of City utilities.
Commissioners reviewed the street width issue and felt that, because the street would not
be extended to adjacent properties and only served five lots, it was not necessary to follow
City pavement standards.
Motion by Schiltz, seconded by Hardie, to approve the preliminary plat of Walnut Ridge
Estates permitting a 22-foot street width and waiving Section 42-19(b) for frontage for Lot
4. Motion carried by the following vote: Aye - Stiles, Bird, Schiltz, Bichell, Christ, Hardie
and Smith; Nay - None.
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February 1, 2006
Page 2
ACTION ITEM\REZONING\NORTH END WRECKING (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.
Steve Simon said that he represented Roger Kunde and North End Wrecking. He provided
a packet of information to the Commission. He reviewed a memo provided by Deron
Muehring of the City of Dubuque Engineering Department. He also reviewed an NPDES
permit issued by the Iowa Department of Natural Resources (IDNR) for North End
Wrecking's property. He stated that North End Wrecking is aware of the IDNR's
requirements for land disturbance.
Staff Member Hemenway reviewed the past meeting minutes and requirements for a
NPDES permit. He discussed two memos provided by the City Engineering Department-
one indicating that, in the opinion of Civil Engineer Deron Muehring, an NPDES permit was
not necessary for the site; and one indicating that the site was compliant regarding erosion
control and storm water detention. He stated that the Engineering Department stated that
they will continue to monitor the site for erosion control. He said that the Engineering
Department stated that, in the event erosion does occur, they will require measures to
mitigate the problem.
Commissioners reviewed the packet of information submitted by Mr. Simon. Staff Member
Hemenway noted that, if approved, Mr. Kunde could not store vehicles on the rezoned
area, or anywhere on the site, that was not adequately screened. He recommended that
the Zoning Advisory Commission require the screening as per the submitted site plan and
that the date of January 1, 2008 be required for all screening to be completed.
Commissioners read the packet of information and reviewed the conditions proposed by
Attorney Joseph Bitter, representing North End Wrecking.
Motion by Hardie, seconded by Bird, to approve the rezoning with the conditions that:
1. Screening for the 3.9 acre parcel be as per the submitted site plan.
2. That work activities on the 3.9 acre parcel be restricted to 8:00 a.m. through 5:30
p.m., Monday through Friday, and 8:00 a.m. through 12:30 p.m. on Saturday.
3. That no buildings be permitted on the 3.9 acre parcel.
4. That the bailer and crusher not be located on the 3.9 acres.
5. That the fill activity and screening fence be completed by January 1, 2008.
Motion carried by the following vote: Aye - Stiles, Bird, Schiltz, Bichell, Hardie and Smith;
Nay - Christ.
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February 1, 2006
Page 3
PUBLIC HEARING\AMEND PUD\NW CORNER OF TANZANITE DRIVE AND SAPPHIRE
CIRCLE: Application of City of Dubuque\Zoning Advisory Commission to amend existing
Planned Unit Development to eliminate option to develop the property under R-3 Moderate
Density Multi-Family Residential zoning regulations for property located at the northwest
corner of Tanzanite Drive and Sapphire Circle.
Staff Member Kritz discussed the previous public hearing regarding amending the PUD.
He said that after the last meeting, based on input from the adjacent property owners, the
Commission directed staff to amend the zoning on the balance of the property (Lot 28) to
eliminate the R-3 zoning. He stated that the Commission felt the property should be
developed as originally approved under the existing PUD regulations. He discussed
surrounding land use and zoning and distributed an aerial photo showing development in
the area.
Paul Horsfall, 1655 Finley Street, said that he purchased property at 575 Sapphire Circle.
He thanked the Zoning Commission for the recommended amendment and said that he is
in favor of the proposal due to traffic, parking and residential density.
Rod Tschiggfrie, 600 Sapphire Circle, representing the property owner, T-Corp, spoke in
favor of the request. He said that has changed his mind regarding this property due to
input from the neighbors. He said that he feels R-3 regulations would allow development
that is too dense. He said he would like Equity Builders to complete their project in a timely
fashion.
Barb Horsfall, 1655 Finley Street, spoke in favor of the request. She said that the
neighborhood is in need of additional green space. She said that the proposal by Mr. Eck
was too dense and would generate too much traffic.
Dennis Frye, 645 Sapphire Circle, spoke in favor of the request, stating that the original
proposal was too dense and would generate too much traffic and storm water runoff.
Monte Bascomb, 605 Sapphire Circle, distributed a sample of some sediment found in City
water. He said that water quality has been a problem in the neighborhood. He spoke in
favor of the request.
Deborah and Paul Herberger, 595 Sapphire Circle, spoke in favor of the request. The
Herbergers expressed concems with density and storm water. They recommElnded that
the Commission allow the development to continue under the existing PUD standards.
Commissioner Smith discussed water quality and pressure issues with staff.
Commissioner Bird asked if the Zoning Advisory Commission can require access
driveways to be built. Staff Member Kritz said that the City staff can require completion of
the driveways. Commissioner Bird asked if the R-3 district were removed, if the
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February 1, 2006
Page 4
I
development would be bound by the original PUD regulations. Staff Member Kritz stated
that it would.
Commissioners discussed the request, noting that while the subject area was initially
rezoned for a mixture of R-1, R-3, and a mobile home park, current conditions in the
neighborhood have changed and the proposed PUD amendment will facilitate a greater
level of compatibility between adjacent single-family homes and multi-family residences.
Motion by Christ, seconded by Bird, to approve the amendment to the existing PUD.
Motion carried by the following vote: Aye - Stiles, Bird, Schiltz, Bichell, Christ, Hardie and
Smith; Nay - None.
PUBLIC HEARING\AMEND PUD (TABLED)\NW CORNER OF TAZANITE DRIVE AND
SAPPHIRE CIRCLE: Application of Peter Eck, Equity Builders to amend the existing
Planned Unit Development for property located along the north side of T anzanite Drive and
Sapphire Circle.
Chairperson Stiles said that the Commission received a letter from the applicant asking
that the request be withdrawn.
Motion by Bird, seconded by Christ, to accept the letter dated January 18, 2006 from the
applicant asking to withdraw the request. Motion carried by the following vote: Aye - Stiles,
Bird, Schiltz, Bichell, Christ, Hardie and Smith; Nay - None.
PUBLIC HEARING\REZONING\600 MAZZUCHELLI DR: 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.
Staff Member Kritz outlined the zoning history and discussed the proposed plan
modifications for River Pointe Development. He said that, because the change was
deemed significant, the City Council remanded the proposal back to the Zoning Advisory
Commission for a public hearing.
Chairperson Stiles stated that a letter of support had been received from Chris Anderson
and that a letter of opposition had been submitted by SA Sutton. He stated that the
Commission also received a petition with 14 signatures of individuals oppo~ed to the
rezoning.
Steve Juergens said that he is the attorney representing River Pointe Development. He
introduced George Murphy, Project Manager, and Tony Zelinskas, Traffic Engineer. He
discussed the project design modifications. He said that the buildings cover approximately
8% of the 14-acre site. He said that the buildings have been moved back from the bluff
edge and that there will be no blasting during construction. He discussed the Hill Street-
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February 1, 2006
Page 5
West 3rd Street intersection traffic study. He discussed preliminary soil studies that had
been conducted on the site. He discussed a construction traffic mitigation plan for the site.
George Murphy discussed the site layout. Tony Zelinskas discussed traffic specific to the
West 3rd and Hill Street intersection. He discussed peak hour traffic analysis for the
intersection. He said that he utilized the original development density numbers, which he
said indicated that the level of service at the intersection will not be affected. He discussed
growth rate projections. He said that the proposed development will have little impact on
the intersection because the volumes generated will be a very small percentage of the total
traffic currently at the intersection. He said that the intersection could be signalized to
improve the level of service.
Commissioner Schiltz stated that on Page 7 of the traffic study the engineer said that there
will be no direct connection between Medical Associates and Langworthy. Mr. Zelinskas
said this was an error and it would be corrected.
Steve Mosiman, 1000 Clarke Drive, discussed economic development in the community.
He said building height limitations can make this city more attractive. He offered examples
of other communities with building height restrictions. He recommended that the City
create a bluff overlay district to protect the bluffs from inappropriate development.
Dan McDonald, representing Greater Dubuque Development Corporation, stated he
wanted to reaffirm support for the project. He said that this is an outstanding project and
that the developer has promised to utilize local labor. He complimented the Zoning
Advisory Commission for their thoughtful consideration of the project. He stated that Mr.
Spiegel has compromised by redesigning and reducing the size of his project. He asked
the Commission to send a message that Dubuque is a great place to do business.
John Bosfield, 288 Kelly's Bluff, said that he is concerned about the burial site at this
location. He said that the buildings could possibly block sunlight and radio, TV and cellular
communications.
Jeff Nagle, 255 Kelly's Bluff, discussed the packet of information that he submitted. He
said that the information contradicted the traffic analysis. He said that Mr. Spiegel has
made the buildings larger, and that the density of 240 units on 15 acres is still too great.
He said he is concerned with the height of the buildings.
Gene Tully, 448 Summit Street, said he feels the project is too dense and will generate too
much traffic. He said that it will have a negative impact on the city landscape and historic
value of the neighborhood.
Jeannie Collins, 243 Cardiff Street, said that she is pleased that there will be no blasting on
the site. She said that, however, she did not like the building design or the potential for
traffic congestion. She stated she was not in favor of eliminating parking on one side of
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February 1, 2006
Page 6
Cardiff Street. She said she was concerned with the potential for expansion of Cardiff
Street, which she feared would consume parking and a portion of her yard.
Thomas Flynn said that he is the management co-chair for the Dubuque Area Labor
Management Council. He said that he is very encouraged by the developer's promise to
utilize local labor.
Charles Winterwood, 1555 Montrose Terrace, said that the buildings were poorly designed
and would dominate the landscape. He urged the Commission to deny the project
because the buildings are simply too tall.
Bonnie Wiedemann, 162 Cardiff Street, said that traffic generated by the development will
be a problem. She said that the redesign of the site will move the buildings closer to her
house.
Don Duehr, 1525 Lucy Drive, said that he represents a labor union. He said that the
project will be good for area labor.
Francine Banworth, 985 South Grandview, said that Mr. Spiegel has submitted the same
project, but worse. She said that the vista along the bluff line will be affected and that she
is concerned with underground parking, bluff stability, traffic, and density.
Steve Juergens stated that there are no known burial sites on the project site. He said that
if a burial site is encountered, the contractor will immediately notify the State archeologists.
He said that three professional traffic engineers have provided analysis for the
Commission. He said that Mr. Spiegel needs to design the project scale so as to be
economically feasible. He said that the engineers will do the requisite underground
engineering for soil suitability and bluff stabilization. He said that this request is nothing
like the Eagle Point project because there is no excavation of vertical bluff face.
Staff Member Kritz discussed the changes to the project, including number of buildings,
utilities and parking. Staff noted that parking will be provided both in surface and
underground parking, and that 2.5 parking spaces per unit will be provided. The Zoning
Ordinance requires a minimum of 1.5 parking spaces per unit. Staff Member Kritz
indicated that City Engineering staff were present to answer any traffic questions that
Commissioners may have. He said the traffic study suggested removal of parking on one
side of Cardiff Street. He said, however, that parking on both sides tends to calm traffic
and could reduce traffic counts. He said that the project will have on-site sform water
detention.
Commissioner Bird discussed a letter he received regarding PUD regulations. Staff
Member Kritz read the PUD regulations.
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February 1, 2006
Page 7
Commissioner Hardie spoke in opposition to the request due to the scale of the buildings.
He said it is not contingent on the Zoning Advisory Commission to gauge economics, but to
determine appropriate use of land. He said it is not the duty of the Zoning Commission to
compromise, but to determine appropriate land use. He expressed concerns with traffic
and potential parking restrictions on Cardiff Street. He said that he is concerned that there
is no required mandate for the developer to pay for all infrastructure improvements. He
said that he feels the project is not appropriate for the City of Dubuque in the long term.
Commissioner Bichell said that the visual impact of the two buildings will be overwhelming.
He said that they will create a shadow effect and are not appropriate for this site. He said
his gut reaction is that traffic will be a problem in this area.
Commissioner Smith said that he is in favor of the request because of the reduction in
density of the project. He stated concerns with the elimination of parking along Cardiff
Street. He said he feels the Commission should not mandate improvements to all
surrounding intersections. He said that the West 3rd Street intersection is currently a
problem at peak times during the day.
Chairperson Stiles stated that he preferred the former building design. He said he
understands he cannot consider financial matters. He said he believes the traffic
engineer's study addressed traffic concerns and that he supports the project.
Motion by Bird, seconded by Smith, to approve the rezoning of the property from R-2 to
PR. Motion carried by the following vote: Aye - Stiles, Bird, Christ, and Smith; Nay -
Hardie, Bichell and Schiltz.
PUBLIC HEARING\REZONING\190 N. CRESCENT RIDGE: Application of Dawne
O'Meara, Alter Scrap ProcessingfTschiggfrie Excavating Co. to rezone property located at
190 N. Crescent Ridge from CS Commercial Service & Wholesale District, C-3 General
Commercial District and AG Agricultural District to PI Planned Industrial District.
Staff Member Kritz stated that the applicant requested to table the rezoning request until
March 1, 2006.
Motion by Christ, seconded by Bird, to table the request to March 1, 2006. Motion carried
by the following vote: Aye - Stiles, Bird, Schiltz, Bichell, Christ, Hardie and Smith; Nay-
None.
PUBLIC HEARING\AMEND ID DISTRICn SOUTHEAST CORNER OF COX STREET &
17 I H STREET: Application of David Leapaldt, GL T ArchitectslLoras College to amend the
Loras College ID Institutional District to allow construction of an athletic arenalwellness
center and parking lot located at the southeast corner of Cox Street & 1 yth Street.
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February 1, 2006
Page 8
Jim Collins, representing Loras College, 1450 Alta Vista, introduced Steve Small, John
McDermott and Mike Jansen. He discussed Loras College's long range plan. He
discussed recent projects including newly constructed housing and athletic facilities. He
stated that Loras College is interested in replacing their field house that was built in 1924.
He said that the committee had studied four separate sites within the campus. He said that
the Coyne field lot was the one chosen. He said that the turf field and the rock bowl are in
close proximity which means that football and soccer games and other athletic events are
centralized. He said the new arena can be used for other events and will seat up to 5,000
people for concerts or community activities. He said that a sky bridge will be provided in
the second phase to the Alumni Center. He stated that Loras College has conducted a
series of neighborhood meetings, including the Historic Bluffs Neighborhood Association
and two other neighborhood groups. He discussed bus traffic to the area and said that
busses will be parked at a remote location. He said that Loras College will demolish two
homes and rebuild a retaining wall to buffer residences to the east of the arena. He said
that no students will be allowed to park at the facility, which should help reduce traffic,
including pedestrian traffic in the neighborhood. He said that lighting for the facility will be
controlled so as to not affect adjacent residential properties.
Mike Jansen, IIW Engineers, 4155 Pennsylvania Avenue, stated that he is the civil
engineer for the project. He discussed storm water management. He discussed
foundation construction and efforts that will be undertaken to minimize local ground
disturbance. He said that the adjacent properties will be monitored with seismographs to
ensure they are not being damaged.
Commissioner Hardie discussed demolition of the two houses and construction of the
retaining wall. He asked about on-site storm water detention and alternate locations for the
facility. Mr. Collins discussed several location options for the arena and the potential to
reutilize the field house. He said that all had limitations that were difficult to overcome.
Mike Mulgrew, 1694 Catherine Street, stated he has concerns with parking, especially by
out of town visitors. He said that visitors to the arena will park in the neighborhood. He
said that bus parking along Cox Street will cause traffic congestion. He said he is
concerned that the geothermal pump-n-dump into the city storm sewer system has the
potential to flood and undermine his property. He said that storm water conveyance is a
problem in this area. He recommended elimination of the tennis courts to provide
additional parking.
Giles Eide, 590 W. 1 ih Street, said that traffic will be a tangled mess. He said that
students parking in the neighborhood already create a problem.
Travis Horvatich, 660 W. 17th Street, said that his property will be affected by the increase
in traffic and that he is concerned with increased demand on parking in the neighborhood.
He said that the college is only providing 89 spaces for a 2,000 seat arena. He
recommended that the tennis courts be redeveloped for additional parking. He said he is
I
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February 1, 2006
Page 9
concerned with the impact of the proposed arena on the value of his property. He
requested that Loras College accept responsibility for any damage caused by construction
activity .
Beverly Bettcher, 669 W. 16th Street, said she is concerned with storm water runoff,
potential flood damage and a substandard retaining wall. She said she is concerned that
the construction project will damage her foundation. She said she is worried about student
behavior and noise levels.
Brevan Horvatich, 660 W. 1 ih Street, said an alternative location may be more appropriate
for the arena. She said that the parking lot should provide multiple exits for public safety.
Brian Simon, 1610 Catherine Street, said he likes the building design, but that more
parking is needed. He said that the college should provide a skywalk to funnel pedestrian
traffic, and that no buses should be allowed on Cox Street.
Mike Jansen stated that the geothermal system will be a closed loop system. He said that
IIW will perform a preconstruction survey to determine the status of the buildings in the
area and monitor the construction process for any damage that may occur.
Jim Collins said that the arena will have a bus drop off area and that bus parking will be
elsewhere. He said that the college has over 1,200 parking spaces on campus, which
exceeds the requirement established for the college. He said the tennis courts are needed
for recreational purposes and they also provide a buffer between the adjacent residential
properties and the proposed parking lot. He said that residential property values in the
area continue to increase even as the college expands. He said that student behavior is a
problem at all campuses, and that Loras College takes these problems very seriously.
Staff Member Kritz indicated that the City Fire Department has reviewed the access to the
proposed Athletic and Wellness Center building and that the City Engineering Department
will review a detailed storm water management plan for the project, including down stream
capacity issues. He discussed off-street parking standards and he said that the Zoning
Ordinance for an arena with a 2,000-seat capacity requires a minimum of 333 spaces. He
said that the Commission can approve an institutional district amendment with less than
the required parking spaces. He said that the location of the parking spaces relative to the
venue is what may be problematic. He said that, in all likelihood, visitors to the arena will
park in the neighborhood. He discussed the parking paradox that Loras College faces
stating that people will not park in parking lots and ramps, but will park on city- streets as
long as space is available and parking is not prohibited.
Commissioner Bird clarified the parking requirement. Commissioner Hardie stated that
parking appears to be the only issue in the neighborhood. Chairperson Stiles said that
providing additional parking in this neighborhood is difficult because oftopography and lack
of additional campus property. Commissioner Christ said that comprehensive parking for
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February 1, 2006
Page 10
the entire campus appears to be adequate. Commissioner Smith agreed. Commissioner
Hardie said he feels that staff should provide a more comprehensive parking study for
Loras College and other city colleges. He said it should include parking and student
population numbers from other campuses and altemate parking scenarios. Commissioner
Schiltz asked about the University of Dubuque's mandate for stickered student parking.
Commissioners discussed the potential for tabling the request and asking to direct staff to
provide comprehensive comparative parking information. Commissioner Hardie said he
would like to be fair and equitable to all institutions in the city and to adjacent property
owners. Commissioner Bichell asked about the establishment of a residential parking
permit district for this neighborhood.
Mr. Collins stated that the Loras College campus exceeds the parking requirements and
that the arena is in a parking space rich area of the campus. He said that he does not
want to delay the project any further and asked the Commission to approve the request.
The Commission discussed the request. They noted that IIW had reviewed the foundation
construction, and had indicated that surveys can be done on surrounding properties to
establish if any physical damage is done to residential homes as a result of construction.
The Commission discussed the provision of off-street parking and concluded that adequate
parking is provided for daily operations, students, faculty and staff.
Motion by Bird, seconded by Christ, to approve the Loras College ID Institutional District
amendment as submitted. Motion carried by the following vote: Aye - Stiles, Bird, Schiltz,
Bichell, Christ, Hardie and Smith; Nay - None.
ITEMS FROM COMMISSION: Commissioner Schiltz asked City staff to provide the
Commission with information regarding screening, setbacks and visual impacts of
commercial developments and to schedule a work session. Commissioners discussed
bluff land preservation, stating that they felt the Ordinance should be amended to establish
encourage a preservation zone along a bluff line. Commissioners asked that staff
schedule a work session at which visual impacts, physical separation and bluff land
preservation is discussed.
ADJOURNMENT: The meeting adjourned at 10:00 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner
Adopted