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Minutes Zoning Adv. Comm. 5 3 06 MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, May 3, 2006 6:30 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa DRAFT PRESENT: Chairperson Jeff Stiles; Commissioners Ron Smith, Stephen Hardie, Martha Christ, Eugene Bird, Ken Bichell and Dick Schiltz. Staff Members Kyle Kritz and Guy Hemenway. ABSENT: None. AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying that the meeting was being held in compliance with the Iowa Open Meetings Law. CALL TO ORDER: The meeting was called to order at 6:30 p.m. MINUTES: The minutes of the April 5, 2006 meeting were approved unanimously as submitted. ACTION ITEM\FINAL PLAT TERRACE ESTATES THIRD ADDITION: Application of MSA Professional Services, Inc.l Galen Manternach for approval of the Final Plat Terrace Estates Third Addition located Northeast of Aerostar Drive. Pat Ready, MSA Professional Services, stated that he represented Galen Manternach. He said that the replat of this property was based on the plat that had been approved in the late 1970s. He stated that the plat was an extension of Terrace Heights Subdivision with the addition of 20 lots. He said the applicant anticipates further development of the area. He stated that he has discussed the addition of a second access and storm water management with the City. Staff Member Kritz said that the final plat represented a continuation of a subdivision that had been approved in the 1970s. He discussed access issues, stating that the extension of the roadway will create a loop system for the streets. He said that the plat was in substantial compliance with City standards and recommended approval, subject to waiving the requirement for submittal of a preliminary plat. Motion by Bird, seconded by Schiltz, to approve the Final Plat of Terrace Estates Third Addition subject to waiving the requirement for a preliminary plat. Motion carried by the following vote: Aye - Smith, Hardie, Christ, Bird, Bichell, Schiltz and Stiles; Nay - None. PUBLIC HEARING\REZONING\CLAUER: Application of Robert Clauer to rezone property located at 605 Peru Road from R-1 Single-Family Residential District to LI Light Industrial District. Minutes - Zoning Advisory Commission May 3, 2006 Page 2 Robert Clauer reviewed his request with the Commission, stating that if the property was developed for storage units, it would generate less traffic than if it were to be developed for residences. He stated that he would like to maintain access from the property to Louella Lane. Betty Burns, 611 Peru Road, spoke in opposition to the request. She stated that this property is more appropriate for homes and that she objects to storage units being built at this location. Merlin Kruser, 612 Peru Road, spoke in opposition to the request. He said that he felt single-family residences were more appropriate than storage units. Diane Kreiman, 647 Louella Lane, stated that she is concerned that Mr. Clauer keeps changing what he wants to construct on the site. She stated his initial request was to build two storage buildings but now he has changed that request to 10 storage units. She said she felt the property should remain zoned residential. Mr. Clauer stated that he would construct decent buildings and would agree to the reduced height. He said that he still had concerns regarding the elimination of access from Louella Lane. Commissioner Bird asked Mr. Clauer how he intended to develop the property if it were to be rezoned. Mr. Klauer stated that he wanted to rent storage space to others and have a storage building left over for his contractor shop. He said he was not sure how many buildings he could place on his site. Staff Member Hemenway outlined the staff report, discussing surrounding zoning and land use. He stated that the Commission previously reviewed the request and recommended three conditions on the rezoning. He stated that Commissioners originally limited the height, access and exterior storage. He said that the City currently has no plans to acquire the property for the Heritage Trail. Commissioners discussed the difference between LI Light Industrial and CS Commercial Service zoning districts. Commissioner Smith asked how removal of the garage would impact the use of the two lots. Staff Member Hemenway said the garage would have to be removed because it encroached on the industrially zoned property. Mr. Clauer stated that if the rezoning were to be approved, he would demolish the garage. Commissioner Bichell questioned the proximity of Heritage Trail to the subject parcel. Commissioners discussed potential restrictions on the rezoning. Mr. Clauer stated he was concerned with the loss of access to Louella Lane. He said that he would still like to have that option. Commissioners discussed potential conditions, including modifying the rezoning from LI to CS. Minutes - Zoning Advisory Commission May 3,2006 Page 3 Motion by Bird, seconded by Smith, to place conditions on the rezoning, stating: 1) The property be rezoned to CS Commercial Service and Wholesale District. 2) All buildings on the site be limited to 20-foot height maximum. 3) That access to the site be from Peru Road only. 4) That no outside storage be permitted except for licensed vehicles. The motion carried by the following vote: Aye - Smith, Hardie, Christ, Bird, Bichell, Schiltz and Stiles; Nay - None. Motion by Bird, seconded by Smith, to approve the rezoning with conditions. Motion carried by the following vote: Aye - Smith, Hardie, Christ, Bird, Bichell, Schiltz and Stiles; Nay - None. PUBLIC HEARING\AMEND PUD\DUBUQUE INDUSTRIAL CENTER: Application of Uelner Precision Tools & Die/Greater Dubuque Development Corporation to amend Dubuque Industrial Center Planned Unit Development District to modify maximum lot coverage and setbacks along street frontages. Dan McDonald, Greater Dubuque Development Corporation, 300 Main Street, spoke in favor of the request. He said that manufacturing is alive and well in Dubuque. He said that Mr. Uelner's request is to reduce the green space and setback requirements for the PUD. He said that current standards require 40% of the lot area to remain as green space. He stated that the requirement is very stringent. He said that the Dubuque Industrial Center West and the Dubuque Technology Park only require 20% green space. He said that the setback request will only affect the side street and not the main frontage. Tom Uelner spoke in favor of the request. He said that Uelner Precision Tools and Die needs to be granted the opportunity to grow and add a 4,600 square foot addition. He said that the area where the building addition would be located is currently paved. Staff Member Kritz said that the request before the Commission is to amend the Dubuque Industrial Center PUD. He said that the PUD has been amended several times in the past. He said that the extension of Chavenelle Road has joined the two industrial parks together. He said that small lots must retain 40% green space, but that requirements are applied on a sliding scale - i.e., a smaller percentage is required for larger lots. He said that he has received no objections from other property owners in the park. He said that Futuro Court only provides access to a couple of businesses. He said that in the past, the setback on cul-de-sacs in the city of Dubuque was only 10 feet. The current setback required by the PUD ordinance is 30 feet. Staff stated that the 15-foot setback would not adversely impact visibility along Futuro Court. Commissioners discussed the request and felt that it would have a very limited affect on the park in general, and was appropriate. Minutes - Zoning Advisory Commission May 3,2006 Page 4 Motion by Christ, seconded by Smith, to approve the amendment to the Dubuque Industrial Center Planned Unit Development PUD. Motion carried by the following vote: Aye- Smith, Hardie, Christ, Bird, Bichell, Schiltz and Stiles; Nay - None PUBLIC HEARING\REZONING\CORNER OF BIES AND SYLVAN DRIVE: Application of Larry & Del Miller to rezone property located at the comer of Bies and Sylvan Drive from R- 4 Multi-Family Residential District to OS Office Services District. Larry Miller reviewed his request for the Commission, noting that this property is in a unique location that is difficult to develop as a residential property. He reviewed the surrounding land use and noted that several people have approached him asking to construct a small office at this site. He said that this property would act as a buffer between the adjacent commercial and residential properties. Steve Kreig, 1576 Bies Drive, said he was concerned about excessive traffic on the streets and the speed of vehicles. He reviewed a diagram that he presented to the Commission, showing the streets, buildings and parking lots. He said he is concerned with the amount of traffic located at the corner of Bies and Century Drive. Larry Miller said he agreed that traffic is a problem in this neighborhood, and that some drivers speed along both Sylvan and Bies Drives. He said that if the property is developed as a small office building or as six-plex, overall traffic will be unaffected. Staff Member Hemenway reviewed the surrounding zoning, land use and street configuration. He reviewed trip generation for both residential and office uses, stating there was not a great amount of difference. He stated that the OS zoning would serve as a transition between adjacent general commercial and multi-family development. Commissioners discussed the request and felt that it was appropriate and would be in harmony with the adjacent properties. Motion by Smith, seconded by Christ, to approve the rezoning request as submitted. Motion carried by the following vote: Aye - Smith, Hardie, Christ, Bird, Bichell, Schiltz and Stiles; Nay - None. PUBLIC HEARING\REZONING\NORTH OF ASBURY PLAZA SHOPPING CENTER. DUBUQUE COUNTY: Application of Wendell Corey, Motor City LLC to rezone property located north of Asbury Plaza Shopping Center, Dubuque County from County AG Agricultural District to City PUD Planned Unit Development with a PC Planned Commercial designation in conjunction with annexation to the City of Dubuque. Wendell Corey, Mason City, Iowa, said that he would like to expand his existing aD-acre commercial PUD. He said that the streets will join and be a continuation of the existing Minutes - Zoning Advisory Commission May 3,2006 Page 5 configuration. He said that the uses and bulk standards for both the existing and amended PUD would be identical. Staff Member Kritz outlined the staff report, stating that the request was to amend the existing PUD by expanding it into an unincorporated area as part of an annexation request. He discussed the site layout and street access, and said that the street access from the Northwest Arterial was proposed from the time of the initial development. He said that the streets will be built to public street standards. Commissioner Schiltz questioned the access to commercial properties through the County residential area. Staff Member Kritz said that the amount of traffic that will flow north from this site through the adjacent residential area was likely going to be low and primarily be motorists who live in the Derby Grange area. Commissioners discussed the request and felt it was appropriate. Motion by Bird, seconded by Christ, to approve the rezoning as submitted. Motion carried by the following vote: Aye - Smith, Hardie, Christ, Bird, Bichell, Schiltz and Stiles; Nay- None. PUBLIC HEARING\REZONING\SOUTH OF DERBY GRANGE ROAD. DUBUQUE COUNTY: Application of John & Sally Jo Herrig to rezone property located south of Derby Grange Road in Dubuque County from County A 1 Agricultural District to City AG Agricultural District, R-3 Moderate Density Multi-Family Residential District, and C-3 General Commercial District in conjunction with annexation to the City of Dubuque. John Herrig introduced his wife and spoke regarding his request. He discussed the street pattern and the need for development property in the community. He said this kind of development will increase property taxes for the City. He discussed the proposed zoning districts. He said that the north 40 acres of the property is rough and partially located in a flood plain and would be mostly undeveloped. Commissioner Hardie questioned why the C-3 District was placed directly adjacent to County residential development. Clem Hilby, 4914 Asbury Road, said that he owns the farm directly adjacent to the subject property. He expressed concern with replacement of fencing for his cattle. He asked ifthe City would require fences. Ron Breitbach, 13233 Derby Grange Road, said that he would like more detail regarding what was permitted in the proposed commercial district. Mr. Herrig said that he would be willing to fence the property as per the County requirements. Minutes - Zoning Advisory Commission May 3, 2006 Page 6 Connie Claussen, 13614 Derby Grange Road, stated that she is the owner of an adjacent lot and has concerns with multi-family residential development and the potential increase in density and traffic. Mr. Herrig said that he will control residential developmentto ensure its quality. He said that the area in question would be single-family. Staff Member Kritz said that the request is to rezone the property to C-3 and R-3 as part of an annexation request. He discussed the uses permitted in the C-3 district. He said that C-3 is an intense commercial district. He said that R-3 allows from one to six units per lot. He said that utility extensions have been studied and that water and sewer can be provided to this location. Commissioner Bird asked about the adjacent zoning. Commissioner Schiltz questioned access from the Herrig property to the Butler property. Mr. Herrig said that a 50-foot easement will be provided to ensure access to the Butler property. Staff Member Kritz said that the Zoning Advisory Commission will see the plat of this area that should indicate the easement. Commissioner Smith questioned R-3 versus R-2 zoning on such a large area. He said that this may be too intense a residential development that would direct traffic onto Derby Grange Road. Commissioner Hardie said that he did not see a problem with the blanket R- 3 zoning. He said that the lots along Derby Grange Road are likely to remain single-family. Commissioners discussed traffic issues. Commissioner Smith said that he would be okay with R-2. Mr. Herrig agreed that R-2 would be acceptable. Commissioner Bird asked about the narrow strip of C-3 along the western edge of the Coates property. Staff Member Kritz said that the property would be developed to site plan standards, including the requirement for cutoff lighting and standard setback requirements for the C-3 district. He discussed permitted uses in the C-3 and PUD districts. Commissioners asked if setbacks could be guaranteed on the C-3 District as if it were adjacent to a residential district. Mr. Herrig said that he wants his to be an upscale office- type development, but he did not want to limit his ability to market the property. Mr. Herrig stated that he wanted the property to remain C-3. Commissioner Christ stated that she was okay with C-3 rezoning because there is currently no existing abutting residential development. The Commissioners discussed the request and decided to place conditions upon the rezoning. Motion by Stiles, seconded by Smith, to approve the conditions that R-3 be changed to R- 2; and that a 20% rear yard setback be required along the C-3 property. The conditions were approved by the following vote: Aye - Smith, Hardie, Christ, Bird, Bichell, Schiltz and Stiles; Nay - None. Minutes - Zoning Advisory Commission May 3, 2006 Page 7 Motion by Smith, seconded by Schiltz, to approve the rezoning request with conditions. Motion carried by the following vote: Aye - Smith, Hardie, Christ, Bird, Bichell, Schiltz and Stiles; Nay - None. PUBLIC HEARING\REZONING\SOUTH OF DERBY GRANGE ROAD. DUBUQUE COUNTY: Application of Dean Butler to rezone property south of Derby Grange Road in Dubuque County from County A 1 Agricultural District to City R-3 Moderate Density Multi- Family Residential District in conjunction with annexation to the City of Dubuque. John Herrig stated that he represented Mr. Butler. He said that Mr. Butler may not develop the property for many years. He stated that Mr. Butler was compelled to annex to the City because the property around him was being annexed which would have created an island. Staff Member Kritz said that state law does not allow islands to be created, therefore, the Butler property would be annexed to avoid creating an island. Commissioners asked if Mr. Butler would accept R-2 zoning. Mr. Herrig stated that he felt Mr. Butler would be okay with R-2 versus R-3 zoning. Motion by Christ, seconded by Hardie, approve the condition that R-3 be changed to R-2. Motion carried by the following vote: Aye - Smith, Hardie, Christ, Bird, Bichell, Schiltz and Stiles; Nay - None. Motion by Bird, seconded by Christ, to approve the rezoning as conditioned. Motion carried by the following vote: Aye - Smith, Hardie, Christ, Bird, Bichell, Schiltz and Stiles; Nay - None. PUBLIC HEARING/REZONINGIWAYNE BRIGGSITHOMAS LUKSETICH/END OF MILLSTONE DRIVE: Application of Wayne BriggslThomas Luksetich to rezone property at the end of Millstone Drive from R-1 Single-Family Residential District and R-3 Moderate Density Multi-Family Residential District to C-3 General Commercial District. Staff Member Kritz stated that the applicant asked that his request be tabled. Motion by Bird, seconded by Smith, to table the application. Motion carried by the following vote: Aye - Smith, Hardie, Christ, Bird, Bichell, Schiltz and Stiles; Nay - None. PUBLIC HEARING\REZONING\NORTH OF CRESCENT RIDGE ROAD: Application of Thomas & Valorie Zalaznik & Edward & Valorie Zalaznik to rezone property located north of Crescent Ridge Road from AG Agricultural District to CS Commercial Services & Wholesale District. Ken Buesing of Buesing and Associates, reviewed the Zalazniks' request. He distributed a concept plan for development of a mini storage facility on the property. Mr. Buesing discussed the layout including an access drive, the building units and proposed screening, Minutes - Zoning Advisory Commission May 3, 2006 Page 8 and a security fence. Mr. Buesing reviewed how the concept plan was laid out and how topographic considerations were included. He showed a cross-section illustrating visibility from the adjacent residences along Crescent Ridge Road. Mr. Buesing noted that the Zalazniks' held a neighborhood meeting the previous night. He further reviewed the proposed screening, lighting and fencing, and discussed their willingness to restrict the allowed uses in the CS District. He presented a proposal for 20 allowed uses, stating that they are sensitive to the close proximity of the residences. Dennis Cottrell, 3471 Crescent Ridge, spoke regarding the request. He reviewed a petition submitted by adjacent property owners in opposition to the request. Cindy Cottrell, 3471 Crescent Ridge, said that she was opposed to the construction of 68 storage units behind her property. She said lighting, traffic safety, security and lack of green space are all considerations. She said that the land was formerly in conservancy and there were many animals in the area, including turkeys and deer. Todd Trentz , 3435 Crescent Ridge, said he was opposed, noting that his house was at the west end of the site and was much higher in elevation than neighbors to the east. He said that he will see down over the screening fence with a clear view to the storage facility. He reviewed the location of the mini-warehousing units and the proximity as it relates to the residential development. He said that the residential neighborhood is established and that the applicants are asking to move commercial use behind them. Stacey Medinger, 3433 Crescent Ridge, said that she is opposed to the rezoning, stating concerns with the hours of operation of the facility, after hours security, and the potential problem with buildings being built on fill above a flood plain. Mr. Buesing reviewed cross sections of the property, noting visibility from the adjacent houses at several locations to the roofs of the warehouse buildings. He said that the grade and proposed screening will hide the storage units from adjacent residential properties. He said that the buildings and roofs could be constructed using earth tone colors. He said that the facility would be securely fenced and gated and that the Zalazniks would not take security lightly. Chairperson Stiles asked what the height of the plantings would be at the time they were installed. Mr. Buesing stated that they would be six feet and would grow significantly within two years. Staff Member Hemenway noted the receipt of a petition from adjacent property owners. He reviewed the reduced list of permitted uses approved as part of the previous rezoning request for the eastern half of the property. He reviewed setback requirements for the CS district and stated that the building footprint shown on the site plan did not meet established setbacks. He said the applicants would not be bound by the conceptual site plan as submitted. Minutes - Zoning Advisory Commission May 3, 2006 Page 9 Commissioners reviewed the request and expressed concerns with the area being filled. Commissioner Christ said that the proposed CS zoning is not compatible with the existing residential development and that mini-warehousing behind the houses is not appropriate. She said that this type of development would have a negative impact on the residential properties. Commissioner Schiltz said that he agreed that this type of development was not appropriate next to houses. Commissioner Smith said that nothing had changed since the last rezoning request was denied. Commissioners Smith and Bichell agreed. Commissioner Bichell expressed concerns with development directly adjacent to the conservancy property. Motion by Bird, seconded by Smith, to approve the rezoning as submitted. Motion was denied by the following vote: Aye - None; Nay - Smith, Hardie, Christ, Bird, Bichell, Schiltz and Stiles. PUBLIC HEARING\REZONING\190 N. CRESCENT RIDGE: Application of Dawne O'Meara, Alter Scrap ProcessinglTschiggfrie Excavating Co. to rezone property located at 190 N. Crescent Ridge from CS Commercial Service & Wholesale District and C-3 General Commercial District to PI Planned Industrial District. Dawne O'Meara, Alter Scrap Processing, asked Commissioners to approve Alter's PUD request. She said that Alter is a good corporate citizen. She introduced staff and consultants, including owners Rob Goldstein and Bob Rosencrantz, staff members Bob Ellis, Guy Jackson, environmental sanitarian Sarah Sycking, corporate counsel Gary Norby and engineers Dennis and Tim Waugh. She said it was necessary for Alter to expand their operation so they must relocate. She said that Alter provides good jobs and that they need a facility that is centrally located with easy access. She discussed community and business support for their business. She said that both Beidler and Lamar withdrew their letters of opposition to Alter's proposed facility. She said that the balance of the property will remain undeveloped to help buffer the residences along Oak Grove Drive. She said that although a bike path is proposed for the adjacent property, it is not unusual for bike paths in the City to traverse industrial development. Guy Jackson, 46 S. Main Street, Carbondale, Illinois, said that he is Alter Scrap's noise expert. He said that they hired a neutral third party through Liberty Mutual Insurance to do an independent noise survey. He discussed the noise study stating that the noise generated would be at acceptable levels. He said that during the recent quarrying and vandalism, the City had not received complaints regarding noise. He said that the noise produced by the quarrying operation was louder than what will be produced by the scrap operation. Minutes - Zoning Advisory Commission May 3, 2006 Page 10 Dennis Waugh, IIW Engineers, introduced Tim Waugh and delivered a PowerPoint presentation showing the computer rendering of the facility and the view to the site from various locales around the property, including from Medical Associates facility, the adjacent Oak Park Place residential development and single-family residential development along Oak Grove Drive. He distributed a booklet illustrating the PowerPoint presentation with photos, graphs and cross sections. Dawne O'Meara stated that Alter's facility is a scrap-recycling center, not a junkyard. Bob Hartig, representing Medical Associates, presented a PowerPoint presentation. He said that the Zoning Advisory Commission voted no in December and that nothing regarding the Alter Scrap Operation had changed. He showed photos of various views in to the site. He said that rail cars would be loaded over the top of the roof increasing the height ofthe operation. He said that the area to the north is a City park with a bike trail and a junkyard is not appropriate next to such a use. He showed videos of the existing detention basin and storm water runoff problems, stating that there are environmental problems resulting from development of this property that include storm water outlets that are directly piped to the flood plain and stream. He said that the detention basin often overflows during rainy periods and that noise from the crane drops would be excessive. Steve Krumpe, O'Connor and Thomas, P.C., submitted a letter and discussed the criteria established for granting a rezoning. He spoke in opposition to the request stating that the rezoning would not be in the public interest. He said that the proposed use is incompatible with the adjacent residential neighborhood, parkland and nature preserve. He discussed the enforcement history of Alter's existing facility on Harrison Street. Bill Latham, 35 Oak Grove Drive, distributed a packet of photos to the Commission. He stated concerns with noise and his view to the site. He said that he was concerned that his water well would be contaminated. He said that if Alter expands, they will have to expand toward his house, which will have a negative impact on the value of his property. He said that he can hear existing noise, and he is concerned that the noise of operation would be even louder. Steve Olaf stated he is the store manager for Hobby Lobby. He spoke in opposition because of the potential for increase in truck traffic and resulting conflict with his customer traffic. He said that he is also concerned with debris on the street. Alan Errthum, 10 Oak Grove Drive, said that his well water has been tainted. He said that Mr. Tschiggfrie initially told him he would only build a storage shed at this site. Jeff Gonner, 1012 Barbara Lee Drive, stated that he is an employee of Medical Associates. He submitted and read a letter of opposition. Minutes - Zoning Advisory Commission May 3, 2006 Page 11 Chairperson Stiles asked about the terms regarding the parkland gifted to the City. Mr. Gonner said that he did not know the details of the terms. Leonard Weis, 20 Oak Grove Drive, said that he has improved his property and the rezoning will devalue it. Vince Wernimont, 65 Oak Grove Drive, said that the DNR, EPA and the mining regulatory people have been called regarding Tschiggfrie's quarrying operation. He said that the neighborhood's wells have gone bad and that rail car and locomotive noise from the operation will be excessive. He said that the noise from all the machinery operating together collectively will be overwhelming. He said that other property on the west side of the city would be more appropriate for a scrap yard. Lee Latham, 35 Oak Grove Drive, said she was concerned with noise. She said that the Kerper Boulevard area was an industrial park and not a small single development. She said that the scrap yard should be located in an industrial park. Marie Lehrman, 2341 Spruce Drive, said she owns property on Oak Grove Drive. She spoke in opposition stating that development here would have a negative impact on the value of her property. Richard Duddeck, 55 Oak Grove Drive, said that the development would be noisy, unsightly and increase traffic congestion at the Hobby Lobby street access. Scott Frank, 1381 Oak Park Place, spoke in opposition. He said the scrap yard should be moved out of the City into the adjacent countryside where it can be built far away from existing residential development. He said that he would like the area to remain park-like. Jane McCall, Dubuque Humane Society, spoke in opposition because she felt the activity and noise generated by the operation would cause anxiety to her dogs. Galen Croshier, representing Alter Scrap, said that the environmental factors will be controlled. He said that he cannot rectify what has happened on the site in the past but that once redeveloped, the site will meet all environmental standards. He said that Alter needs to continue to serve the community and must relocate in order to do so. Gary Norby, Kane, Norby and Reddick, 2100 Asbury Road, said that he represented the current property owner, the Tschiggfries, and Alter Scrap Recycling. He said that traffic will not be significant because, in all likelihood, it will be less than would be generated by the site if it were fully developed under existing zoning regulations. He discussed the 200-foot notification process, stating that once Alter reduced the size of the area being rezoned, than people outside the 200-foot notification enjoy no special status and are not as affected as those that are directly adjacent. He said that the property is currently zoned CS and could have many uses that could be deemed objectionable to the adjacent residential Minutes - Zoning Advisory Commission May 3, 2006 Page 12 properties. He said that screening is required for all salvage operations, unlike many other commercial uses allowed in the existing district. Sarah Sycking, CPI Environmental Survey, said storm water for the Alter facility will be managed. She said a storm water permit is required by the Department of Natural Resources for any development of this size. She said that during redevelopment of the site any existing problems will be rectified. Rob Goldstein, St. Louis, MO, said that he is the CEO of Alter Scrap. He said that Alter has many other scrap recycling centers in the country and around the world. He said that theirs is not a junkyard, but a scrap processing facility, which provides a vital service to the city. He said that they work closely with the DNR to follow, and sometimes even write, regulatory law. He said that Alter exports their products around the world. He said that Alter had been looking for approximately 10-12 years for a property to locate and expand their business in the Dubuque area. He said that this is the ideal property because it is located in a hole, well screened and has good access. He said their operation will comply with all rules and regulations and that they want to be good neighbors. Ed Tschiggfrie, Tschiggfrie Excavating, said that the storm water drainage shown during Mr. Hartig's PowerPoint presentation was an existing Menard's storm drain, not Tschiggfrie's. He said that North Crescent Ridge Court was built 37 -feet back-to-back with curb and gutter and was designed to accommodate heavy truck traffic. He said that if developed under CS district standards and as platted, the property would generate more traffic than Alter's facility. He said that a contractor shop could be noisier than the Alter operation. Staff Member Kritz offered to answer any questions the Commission had. Commissioner Schiltz asked for clarification regarding the Commission's original vote for rezoning request. Commissioner Bichell asked about the original screening and proposed screening. Commissioner Bird discussed the building and site layout. Staff Member Kritz discussed the original zoning configuration. Commissioner Bird asked if the detention pond was located in the rezoned area. Staff Member Kritz said it was not located in the area to be rezoned. He said that what is shown on photographs presented to the Commission is not a detention pond, but a settling pond. He said that, if approved, a site plan indicating the design and location of a compliant storm water detention facility would be required. Commissioners discussed the terms of the gifting of the parkland property to the City. Commissioner Bichell expressed concerns with the future bike trail's proximity to the proposed facility and potential environmental problems. Commissioner Stiles said that trails within the corporate limits are located alongside many industrial properties and are not negatively impacted. He said that he has visited the site. He said that state and federal Minutes - Zoning Advisory Commission May 3, 2006 Page 13 regulations will control storm water and environmental pollutants. He said he is in support of the project. Commissioner Bird said that because the building has been shifted to the north side of the property, it better screens the property than the last site design did. He said that he believes that IIW Engineers provided a very convincing demonstration of the views to the facility. He said that the proposed use has been moved significantly back from the houses on Oak Grove Drive. Commissioner Smith said that the proposed building would help screen and reduce the noise emanating from the site. He said that he has no faith in any of the photos submitted. He said that the rezoning has been pulled back from the residences along Oak Grove Drive so he supports the project. Motion by Bird, seconded by Smith, to approve the rezoning as submitted. Motion was approved by the following vote: Aye - Smith, Christ, Bird, Schiltz and Stiles; Nay - Hardie and Bichel!. ADJOURNMENT: The meeting adjourned at 11 :30 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted