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Minutes Zoning Adv. Com. 4 5 06 MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, April 5, 2006 6:30 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa DFT PRESENT: Chairperson Jeff Stiles; Commissioners Ron Smith, Stephen Hardie, Eugene Bird, Jr., Ken Bichell and Dick Schiltz; Staff Members Guy Hemenway and Kyle Kritz. ABSENT: Commissioner Martha Christ. 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 March 1, 2006 meeting were approved as submitted. ACTION ITEM\FINAL PLAT OF EAGLE VALLEY SUBDIVISION NO.2: Application of Buesing & Associates/Fondell Excavating, Inc. for approval of the Final Plat of Eagle Valley Subdivision No.2, located on Bald Eagle Court. Mark Fondell, Fondell Excavating, Inc., reviewed his proposed plat with the Commission. Staff Member Hemenway reviewed the changes to the Eagle Valley Subdivision and noted that the possible number of units that could be built on the newly platted lots did not exceed that allowed by the former lot configuration. He stated that all public utilities are in place and that the current storm water detention area can accommodate any additional runoff. He said that the plat is in compliance with City standards and recommended approval. Commissioners discussed the request and felt it was appropriate. Motion by Bird, seconded by Schiltz, to approve the final plat of Eagle Valley Subdivision NO.2 as submitted. Motion was approved by the following vote: Aye - Smith, Hardie, Bird, Bichell, Schiltz and Stiles; Nay - None. ACTION ITEM\FINAL PLAT KEY CITY PROPERTIES, PLAT NO.3: Application of Key City Properties, LLC for approval of the Final Plat Key City Properties, Plat NO.3 located on North Cascade Road, Dubuque County. The applicant was not in attendance. ;--') Staff Member Hemenway reviewed the plat, noting that the streets will be private and that -_ water will be provided by a common well that serves the new subdivision and an existing , residential subdivision. He stated that each lot would have individual septic systems: -,' Minutes - Zoning Advisory Commission April 5, 2006 Page 2 Commissioner Bird asked about subdivision of the balance of the property. Staff Member Hemenway stated that a subsequent final plat is being drafted and will be submitted that subdivides the balance of the property. Staff Member Hemenway recommended approval as the plat was in substantial compliance, except for Article IV, Section 42-19. Motion by Bird, seconded by Schiltz, to approve the final plat of Key City Properties Plat NO.3 subject to waiving Article IV, Section 42-19, except for Lots and Blocks. Motion was approved by the following vote: Aye - Smith, Hardie, Bird, Bichell, Schiltz and Stiles; Nay- None. ACTION ITEM\FINAL PLAT OF DUBUQUE INDUSTRIAL CENTER WEST 5TH ADDITION: Application of City of Dubuque for approval of the Final Plat of Dubuque Industrial Center West 5th Addition located in the Dubuque Industrial Center West - Chavenelle Road. Staff Member Hemenway reviewed the submitted plat outlining the lot layout, utility extension, storm water detention and extension of the recreational trail system. He stated that two of the nine lots were dedicated to the utility extension, surface flow of storm water and extension of the trail system. He stated that one lot that does not have frontage was dedicated to an expansion area for McGraw Hill and that the other lot without frontage would accommodate a rail spur. He stated that the two lots are partially in the flood plain. Commissioners reviewed the plat and felt that it was appropriate. Motion by Bird, seconded by Smith, to approve the final plat of Dubuque Industrial Center West 5th Addition subject to waiving Article IV, Section 42-19, for lot frontage on Lotse and D. Motion was approved by the following vote: Aye - Smith, Hardie, Bird, Bichell, Schiltz and Stiles; Nay - None. PUBLIC HEARING\REZONING\CHONG: Application of Injun Chong to rezone property located at 3219 Asbury Road from R-2c Two-Family Residential District, with conditions, to OS Office Services District to permit a chiropractic office. Injun Chong reviewed his request for rezoning. He said that he would like to place a sign on the front of his business, which he said is not permitted under current zoning. Staff Member Hemenway reviewed the request, noting the previous zoning of the property and outlining Board of Adjustment cases that involved conditional uses for the existing chiropractic clinic and a former chiropractic clinic. He reviewed the home occupation regulations and conditions placed on the existing clinic. He stated that currently, the hours of operation are limited and that no exterior signage or additional employees are permitted. He stated that, if rezoned, these provisions would be eliminated and the business could Minutes - Zoning Advisory Commission April 5, 2006 Page 3 operate freely as any businesses within appropriately zoned districts. He reviewed the surrounding zoning, land use and parking requirements. Commissioners asked if there was any input from the surrounding property owners. Staff Member Hemenway stated that he had received no input. Commissioners discussed the current restrictions on the chiropractic clinic as a home occupation, including parking, hours of operation and signage. Commissioners felt that the limitations imposed by the home occupation ordinance and conditional use were appropriate. Commissioners questioned whether conditions in the neighborhood had changed enough to warrant the rezoning. Commissioners discussed the difference between the OS, C-1 and R-2 districts in terms of their permitted uses and their intensity. Commissioner Hardie said that he felt that a chiropractic clinic with no limitations was not appropriate at this location. Commissioners expressed concerns with potential expansion of the clinic and the lack of available parking on the site. Motion by Smith, seconded by Bird, to approve the rezoning as submitted. Motion was denied by the following vote: Aye - None; Nay - Smith, Hardie, Bird, Bichell, Schiltz and Stiles. PUBLIC HEARING\REZONING\NCR DEVELOPERS: Application of Martin McNamer, NCR Developers, Inc. to rezone property located south of North Cascade Road, Dubuque County from County A1 AgriculturallR2 Single-Family Residential District to City R-3 Moderate Density Multi-Family Residential District in conjunction with annexation to the City of Dubuque. Martin McNamer, 1036 Bonnie Court, stated that his request is to rezone 180 acres to R-3 Multi-Family Residential district. He displayed a map and discussed the subdivision configuration. He said that the rezoning will be done in conjunction with an annexation. He stated that he realizes North Cascade Road is a problem, and that he has requested the City upgrade the roadway to City street standards within three years. He stated that the City has expressed interest in undertaking this upgrade. He discussed his site layout, including provisions for single, multi-family and possible senior citizen or assisted living residential development. He discussed the topography of the site. He said that R-3 offers the flexibility necessary to do single-family, duplexes or manor homes. He discussed utilizing the floodplain area on the site as a potential park and recreational area. He said that he is exploring the possibility of creating a 27-acre retirement community that would require future rezoning to a PUD. Commissioner Schiltz asked if the City had firm plans to improve North Cascade Road. Mr. McNamer said that the City had anticipated road improvements in the next six years, timing the street improvements with the development. John Steger, 11367 North Cascade Road, stated concerns with the intersection of the subdivision access to North Cascade Road that he said is located on a steep hill. He stated that the road has no shoulders, a steep grade and sharp curves. Minutes - Zoning Advisory Commission April 5, 2006 Page 4 Mona Woodward, 11902 Park View Lane, discussed the proposed street improvements for the area. She said she was concerned with the density of the development and its impact on traffic safety. She said that road improvements would not be guaranteed if the development was undertaken. George Doremus, 11902 Park View Lane, said he resides at the corner Park View Lane and North Cascade Road. He said that the existing roadway is dangerous. He said he has concerns with traffic volume and safety. He said that the bridge currently is too narrow to accommodate additional traffic. Mr. McNamer agreed that the road is a problem. He said that development on the fringe will prompt the City to undertake the improvements necessary to improve traffic safety and flow on the roadway. He said he will not develop the property without the improvements in place. He stated this would be too risky. Commissioner Schiltz said that he wished the City would be more forthcoming with the improvements. Staff Member Kritz reviewed the staff report, noting that this request is a rezoning that will be.done in conjunction with the annexation. He stated that area residents had expressed concerns with the proposed land use and the existing roadway. He said that much of Mr. McNamer's development lies well below the grade of the roadway and, therefore, the adjacent residences would be located above and to the northwest of the development. He stated that Mr. McNamer is not bound by the concept plan he had discussed. Staff Member Kritz discussed demographic changes and the consequent change in housing demand from primarily large lot single-family to smaller lot, multi-family residences for empty nesters and retirees. He stated that the County currently has no plans for improvement of North Cascade Road, which he said carries less traffic relative to other County roads coming into the city. He said that the timing of the roadway improvements is the prerogative of the City Council. He said that the Engineering Department had reviewed traffic safety issues. Commissioner Bird asked about the R-3 versus R-2 zoning, stating concerns with density. Commissioner Hardie asked about the existing zoning in Harvest View and compared it to the proposal. Commissioner Smith asked about the right-of-way. Chairperson Stiles read a letter of opposition submitted by Jeff Arensdorf into the record. Commissioner Smith said that he is satisfied with the agreement between the City and Marty McNamer regarding the annexation and the proposed future street improvements. Commissioner Schiltz said that the Zoning Advisory Commission should strongly urge the City Council to make the improvements in a timely fashion. Staff Member Kritz said that a separate communication could be drafted by the Commission Chairperson and included with the rezoning information. Commissioner Hardie said that he is uncomfortable with the rezoning prior to seeing a concrete plan for Minutes - Zoning Advisory Commission April 5, 2006 Page 5 roadway improvements and the site layout. He stated that he would like to see the R-1, R- 2 and R-3 areas delineated on a concept plan. He stated that if the area were fully developed as R-3 properties, it may be too dense. He said that it may be possible to table the request and ask the applicant to return with plans for the zoning district configuration and roadway improvements. Commissioners discussed engineering of the roadway. Commissioner Bird expressed concerns with a blanket R-3 zoning and the Commission's need to see a more detailed zoning scheme. He stated that he felt that 180 acres of R-3 was too wide open. Commissioner Bichell said that the plans should be more detailed showing a buffer and a logical transition. Mr. McNamer said that it would not be easy to come back for future rezonings from R-2 to R-3. Commissioners said that they would support a blanket R-2 rezoning. Mr. McNamer asked that the Commission include strong language urging the City Council to improve North Cascade Road to City standards from its intersection with Fremont Avenue all the way to its intersection with EdVal Lane. Commissioners discussed the development and the annexation agreement between Mr. McNamer and the City. Motion by Smith, seconded by Bichell, to approve the rezoning request with the condition that the entire area be zoned R-2 subject to annexation. Motion was approved by the following vote: Aye - Smith, Hardie, Bird, Bichel!, Schiltz and Stiles; Nay - None. PUBLIC HEARING\REZONING\V ALENTINE: Application of Gary & Mary Beth Valentine to rezone property located at the southeast corner of North Cascade Road and Edval Lane, Dubuque County from County A 1 Agricultural/R2 Single-Family Residential District to City R-3 Moderate Density Multi-Family Residential District in conjunction with annexation to the City of Dubuque. Gary Valentine, 10429 EdVal Lane, stated that he wants to annex and work with Mr. McNamer to develop the area. He said that he realizes the area will be developed sooner or later and that he wants to see improvements to the roadway. Commissioner Hardie asked Mr. Valentine if a blanket R-2 rezoning would be acceptable to him. Mr. Valentine stated that he was comfortable with all R-2 zoning. Mona Woodward, 11902 Park View Lane, said that she felt R-3 for the entire area was not desirable. She said she has seen a plan for the roadway improvements for the area. She said that under R-3 rezoning, traffic will increase and create a dangerous situation. George Doremus, 11902 Park View Lane, stated that he agreed with limiting the rezoning to R-2 standards. Minutes - Zoning Advisory Commission April 5, 2006 Page 6 John Steger discussed a map of the Valentine property. Marty McNamer encouraged the Commission to approve the rezoning request. He stated that he felt the roadway would not be approved without development in this area. Staff Member Kritz discussed the site layout, including the 125-foot buffer along North Cascade Road. Commissioners discussed the request and felt that R-2 zoning was appropriate. Motion by Smith, seconded by Bird, to approve the rezoning request with the condition that the property be rezoned to R-2. Motion was approved by the following vote: Aye - Smith, Hardie, Bird, Bichell, Schiltz and Stiles; Nay - None. PUBLIC HEARING\REZONING\HENSCHEL: Application ofThomas & Sheri Henschel to rezone property located west of Miller Road, Dubuque County from County R2 Single- Family Residential District and City AG Agricultural District to City R-2 Two-Family Residential District in conjunction with annexation to the City of Dubuque. Tom Henschel, 995 June Drive, said that his property adjoins with Mr. McNamer's and Mr. Valentine's. He said that his property will be incorporated into the proposed annexation. He said that he would like to rezone 12 acres of his property to R-2 to allow him to develop. He said that Mr. McNamer has agreed to allow him access onto one of his street extensions either to North Cascade Road or Manson Road. Staff Member Kritz stated that Mr. Henschel's request is to rezone 12 acres of a 40-acre parcel. He said that there will be an access agreement between Mr. Henschel and Mr. McNamer offering access to the subject property. He said the balance of the property will remain in AG, some of which is in a floodplain. Commissioners discussed the request and felt itwas appropriate. Motion by Bird, seconded by Smith, to approve the rezoning request as submitted. Motion was approved by the following vote: Aye - Smith, Hardie, Bird, Bichell, Schiltz and Stiles; Nay - None. PUBLIC HEARING\PLANNED UNIT DEVELOPMENnAL TER SCRAP PROCESSING (T ABLEDI: Application of Dawne O'Meara, Alter Scrap ProcessinglTschiggtrie 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 notified the Commission that Alter Scrap Processing asked to withdraw their application. Minutes - Zoning Advisory Commission April 5, 2006 Page 7 Motion by Bird, seconded by Smith, to approve the request to withdraw the application. Motion was approved by the following vote: Aye - Smith, Hardie, Bird, Bichell, Schiltz and Stiles; Nay - None. ITEMS FROM PUBLIC: Mr. Toby Clauer asked the Commission to reconsider the denial of his request for 605 Peru Road. He said that the Commission had only four members present and that he asked to be reheard in front of a full Commission. Staff Member Hemenway reviewed the notes and conditions proposed for the previous rezoning request. He stated that Chairperson Stiles was the lone negative vote for the rezoning request. Motion by Stiles, seconded by Schiltz, to reconsider Mr. Clauer's rezoning request for 605 Peru Road. Motion was approved the following vote: Aye - Smith, Hardie, Bird, Bichell, Schiltz and Stiles; Nay - None. ITEMS FROM COMMISSION: Commissioners asked that the staff and Chairperson Stiles draft a letter to the City Council urging them to undertake roadway improvements for North Cascade Road. ADJOURNMENT: The meeting adjourned at 9:00 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted