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.
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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:
-,'
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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.
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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
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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.
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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