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Minutes Zoning Adv Co. 6 7 06 MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, June 7, 2006 6:30 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa DRAfT PRESENT: Chairperson Jeff Stiles; Commissioners Martha Christ, Eugene Bird, Ken Bichell, and Dick Schiltz; Staff Members Guy Hemenway and Kyle Kritz. ABSENT: Commissioners Stephen Hardie and Ron Smith. 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 May 3, 2006 meeting were approved unanimously as submitted. ACTION ITEM\FINAL PLAT SEIPPEL ROAD COMMERCIAL PARK. PLAT 2: Application of Tri-State Development/Dave Schneider for approval of the Final Plat Seippel Road Commercial Park, Plat 2 located along Old Highway Road. Todd Kress, 16251 Gardenia Court, discussed the request tcrreplat residential lots along Old Highway Road. He said that the lots would be shortened and that an easement would be retained for future extension of the city sewer. Staff Member Kritz stated that the request was to reconfigure an existing subdivision creating smaller residential lots. He said that when the City extends the sewer to this area, the property owners will have a five-year time frame in which to hook up to the sewer. He stated that City water was already available. He said that the plat was in substantial compliance with City standards and recommended approval. Motion by Bird, seconded by Christ, to approve the final plat of Seippel Road Commercial Park Plat 2. Motion carried by the following vote: Aye - Christ, Bird, Bichell, Schiltz and Stiles; Nay - None. ACTION ITEM\FINAL PLAT OF LOTS 1 THRU 38. INCLUSIVE. AND LOT A OF NORTH GRANDVIEW ESTATES: Application of Richard Henkel/Buesing and Associates for approval of the Final Plat of Lots 1 thru 38, Inclusive, and Lot A of North Grandview Estates located at 3065 N. Grandview Avenue. Richard Henkel stated that he would like to reconfigure the lots within his subdivision. He said that the entire subdivision was originally designed for moderate income housing, but after re-examining the lot layout and incurring development costs, he felt it was not feasible to subdivide as he originally intended. He said he worked with the City to redesign the Minutes - Zoning Advisory Commission June 7, 2006 Page 2 subdivision and create larger lots along the proposed Helen Ridge Court. He said that the 10 lots along Grandview Avenue will remain as originally platted and will qualify for affordable housing. Commissioner Schiltz questioned whether the original City contract regarding affordable housing was still in effect. Staff Member Kritz outlined the plat history. He said that the total number of lots in this subdivision has been slightly reduced and that the lots along Helen Ridge Court have been increased in size. He said that the right-of-way will remain 42 feet wide with 27 feet of pavement with parking along one side. He said that since the lots will no longer meet the criteria for affordable housing, that the Commission will have to waive the City standards for right-of-way width. He discussed the topography ofthe site and the financial agreement regarding affordable housing. The Commission discussed lot configuration and access to Grandview Avenue. Commissioner Schiltz said that the original agreement for the reduced right-of-way was predicated on the creation of affordable housing. He said that there is no need to keep the reduced right-of-way because the lots no longer qualify as affordable. He said that the Commission is not required to increase the profitability of the project. Commissioners discussed the project and debated right-of-way width requirements. Commissioner Bird asked Mr. Henkel about the degree of slope on the street. Mr. Henkel said that the street drops 50 feet in grade along its 900 feet of length. Commissioners discussed the street and the likelihood of it being extended to the adjacent properties. Commissioners discussed the lot layout and topography. Commissioners felt that it was appropriate to approve the project with reduced street size because of the site constraints. Motion by Christ, seconded by Bird, to approve the final plat of Lots 1 thru38, inclusive, and Lot A of North Grandview Estates, subject to waiving City street standards. Motion carried by the following vote: Aye - Christ, Bird, Bichell and Stiles; Nay - Schiltz. ACTION ITEM\FINAL PLAT OF LOTS 1 THRU 5. INCLUSIVE. LOT A AND LOT B OF Q ADDITION: Application of QHQ Properties for approval of the Final Plat of Lots 1 thru 5, Inclusive, Lot A and Lot B of Q Addition located South of the Intersection of the Northwest Arterial and Plaza Drive. The applicant was not in attendance. Staff Member Kritz said that the proposed subdivision is located on the north side of Sam's Club. He said that the property owner's intention is to subdivide the property into five lots and that the roadway will be built by Sam's Club through a development agreement. He Minutes - Zoning Advisory Commission June 7,2006 Page 3 said there would be no direct access from the lots to the Northwest Arterial. He said that the property will tie into City water and sewer and recommended approval of the final plat. Commissioners discussed the plat and determined that it met City standards. Motion by Bird, seconded by Schiltz, to approve the final plat of Lots 1 thru 5, Inclusive, Lot A and Lot B of Q Addition. Motion carried by the following vote: Aye - Christ, Bird, Bichell, Schiltz and Stiles; Nay- None. PUBLIC HEARING\REZONING\593 HILL STREET: Application of Durrant Group/Richard Davison to rezone property located at 593 Hill Street from R-2A Alternate Two-Family Residential District to C-2 Neighborhood Shopping Center District. Pat Norton, representing Durrant Group, 700 Locust Street, said that his client wants to demolish a two-family residence and expand their existing commercial building onto the property. He said that the building will be built relatively close to an existing residence on Caledonia. Staff Member Kritz discussed the building layout, screening requirements, and adjacent land use. He said he has received very few calls regarding the proposed rezoning. Commissioner Bird asked if there would be any new curb cuts. Staff Member Kritz said the plan did not indicate any new curb cuts. Commissioners discussed setbacks relative to the adjacent residential properties. Commissioner Bird felt that the rezoning was appropriate if adequate screening was provided. Motion by Schiltz, seconded by Bird, to approve the rezoning request as submitted. Motion carried by the following vote: Aye - Christ, Bird, Bichell, Schiltz and Stiles; Nay - None. PUBLIC HEARING\REZONING\210 JONES STREET: Application of Harold & Jocille Weber to rezone property located at 21 0 Jones Street from LI Light Industrial District to C-4 Downtown Commercial District. Randy Weber, 535 S. Grandview, said that currently his business occupies 10,000 square feet of the 45,000 square foot building. He said that he would like to rent the balance of the building to a furniture store and create additional office space. He said he may develop the second floor of the building in the future. He said that the zoning change from LI to C-4 is necessary to allow retail sales. Staff Member Kritz distributed an aerial photo of the property. He discussed the site layout and stated that this represented an expansion of the C-4 District. He discussed the historical transition of the area and the changes that occurred after the advent of the new highway configuration. Minutes - Zoning Advisory Commission June 7, 2006 Page 4 Commissioner Bird discussed the adjacent building and its uses. Commissioners discussed the lot, street and building layout. Commissioner Bird said he was in favor of the reduction of intensity of use from light industrial to commercial. Commissioner Bichell stated concerns with a potential increase in traffic in the area. Staff Member Kritz said because the area is difficult to access, the additional traffic generated by the retail use should be minimal. Commissioner Schiltz asked about parking requirements. Staff Member Kritz said that staff would evaluate parking requirements based on proposed uses. Commissioners felt the request was appropriate. Motion by Christ, seconded by Bird, to approve the rezoning request as submitted. Motion carried by the following vote: Aye - Christ, Bird, Bichell, Schiltz and Stiles; Nay - None. PUBLIC HEARING\REZONING\W. 11TH STREET HISTORIC PRESERVATION DISTRICT: Application of Rodney Carroll, Historic Bluffs Neighborhood Association to rezone property located in the W. 11th Street Historic Preservation District from R-2A Alternate Two-Family Residential District, R-3 Moderate Density Multi-Family Residential District, R-4 Multi-Family Residential District, C-1 Neighborhood Commercial District and OR Office Residential District to R-2 Two-Family Residential District. Rodney Carroll stated that he represented the Historic Bluffs Neighborhood Association. He provided a PowerPoint presentation that reviewed property and structures within the area subject to the rezoning. He emphasized the changes in density within the district illustrating conversions of large multi-family structures to single and two-family structures. He stated that the Historic Bluffs Neighborhood Association is a non-profit advocacy group for the neighborhood. He noted the Association's involvement in special projects to improve the property within the West 11 th Street District. He said that the rezoning request is intended to facilitate the continued trend of reducing the density of the dwelling units within the District. He said that some structures within the District date to the 1850's with a mixture of architectural styles. He said that the area transitioned from single-family homes to multi-family housing during an economic downturn the 1920's and 1930's. He stated that after the historic district was created in 1984, the area began to transition back to single-family homes. He reviewed recent development in the District including the relocation of three historic houses from other areas of the community to vacant lots within the district. He stated that the area is a major tourist . attraction and that many promotional materials highlight it. He said that trolley tours and tourists ply the neighborhood. Mr. Carroll reviewed the changes along Loras Boulevard and noted that some of the properties now non-conforming will become conforming if the rezoning is approved. He discussed existing vacant lots within the district and said that they could potentially be Minutes - Zoning Advisory Commission June 7,2006 Page 5 developed for multi-family dwellings that would increase density and demand on parking. He discussed on-street parking issues within the district, stating that the demand on parking could only be exacerbated by higher density development. He summarized by stating that conditions have changed dramatically within the District and that the rezoning would recognize these changes and encourage them to continue. Commissioner Bichell questioned whether the continued conversion of multi-family homes to high-end single-family homes will reduce the availability of affordable housing and limit diversity within the neighborhood. Hugh Arnold, 1203 Grove Terrace, said that he is in favor of the request, and supported economic diversity in the neighborhood. Carol Copeland stated that she manages the property at 605-635 W. 11th Street. She stated that are 28 units within the buildings and expressed concern that the rezoning is being requested for property not owned by the applicants. She said that she is concerned about the potential to create a non-conforming status for the property, limiting the owner's ability to rebuild if destroyed. She said that existing properties are currently protected by Historic Preservation regulations and that the rezoning would limit the ability of people of different economic status to live within the neighborhood. She asked that the Commission table the request so that the property owner had time to prepare an adequate response regarding the non-conformity issue. Commissioner Schiltz discussed the potential impact of down zoning on insurance and the ability to sell the property. Tim Goen, 412 Loras Boulevard, stated that he represents JENK Enterprise. He stated that the OR District had been expanded in 2002 and that he was concerned that his property would be made non-conforming. He said that he believes the properties along Loras Boulevard should be handled differently because they are not a part of the hill neighborhood. He said he felt the rezoning would reduce the availability of affordable housing in the area. He said that parking issues can be regulated differently than by down zoning the properties. Becky Wolf, 1455 Montrose Terrace, discussed parking problems in the neighborhood. She stated that they currently have problems with garbage in the neighborhood and with the behavior of college students. She said she was in favor of the rezoning. Chuck Minnick discussed problems with trash on the street and along sidewalks in front of the rental properties along Loras Boulevard. Dave Stuart, 1470 Locust Street, spoke in support of the rezoning request. He stated he had concerns with the impact of high density development on crime and parking. He said that the two neighborhoods that share a common boundary are the most diverse in the city. Minutes - Zoning Advisory Commission June 7,2006 Page 6 He said the intent of the rezoning is not to change this diversity or to limit affordable housing. Rudy Vera, 970 Olive Street, stated that he was opposed to the rezoning request. He said he objects to pressure being exerted on private property owners by the neighborhood association. Mary Ann Schiesl, 604 Chestnut Street, spoke in support of the rezoning request. She said she was concerned with the potential for conversion of existing homes into multi-family residences. She said the neighborhood is experiencing problems with absentee landlords. Jennifer Carroll, 510 W. 11th Street, read a letter in support of the rezoning as submitted by Jeff and Janet Mozena, 1207 Grove Terrace. Doug Spyrison, 1295 Grove Terrace, said that he felt grandfather status will help protect affordable housing. He said that R-2 zoning is more consistent with the existing neighborhood and that the area will still remain diverse. Joan E. Bodner, 1245 Grove Terrace, spoke in support of the request. She said that she and her husband had renovated their house and that they were not wealthy. She said neighbors do not care who lives in the neighborhood as long as they care for their property. Bethany Golombeski, 555 W. 11th Street, spoke in support of the rezoning. She said that she owns three properties in the neighborhood and is concerned that some of the larger buildings in the area may be converted into student housing because existing zoning regulations permit it. John Whalen, 1105 Highland Place, stated that 605- 635 W. 11th Street is already non- conforming and that the structures would have to be destroyed beyond 75% before they could not be rebuilt. Susan Kearns, 1323-1325 Bluff Street, spoke in support of the rezoning. She said the zoning is appropriate and that the neighbors still support a diversity of uses and multi- family residences within the neighborhood. Cathy Breitbach, 1209 Prairie Street, spoke in support of the request. She said that Dubuque is an historic city and that as a property owner within the neighborhood, she has the right to expect all residents to care for their property. She said the City should require that the neighborhood be maintained. Debbie Fautsch, 596 W. 11th Street, spoke in support of the rezoning. Geoffery Fitzgerald, 561 Jefferson Street, spoke in support of the rezoning. . Minutes - Zoning Advisory Commission June 7,2006 Page 7 Jim Shade, 1295 Highland Street, stated that he was a long-term resident and he supports the rezoning requested. Rodney Carroll stated that the residences at 605-635 Loras are currently zoned R-3 and were non-conforming before the current owner bought the property. He said that the rezoning would not change the status of this property. He stated that he believes the rezoning would be beneficial to the neighborhood and the community in general, and that it's clear that the area is in transition from greater to lesser density. He said that the rezoning request was appropriate. Staff Member Hemenway reviewed the request. He distributed a letter submitted by Carol Copeland. He stated that the neighborhood encompasses 42 acres. He reviewed the history of the area and the evolution of development over the years. He noted that there are currently 342 dwelling units within 153 structures. He stated that 54% of the units are single or two-family residences. He reviewed maps of properties that would be made conforming and properties that would be made non-conforming if the rezoning were to be approved. He reviewed the regulations regarding non-conformities, the goals of the Comprehensive Plan, and the availability of off-street parking. He stated there are currently 39 non-conforming buildings, primarily along Loras Boulevard. He summarized setback and lot coverage changes if the area were to be rezoned. He discussed current setback requirements in the R-2A, R-2, R-3 and R-4 districts. Commissioners discussed the regulations regarding non-conformities and asked that staff provide a map that shows the net properties and units that will be non-conforming after the rezoning. Commissioners discussed new construction and historic preservation standards regarding their impact on vacant property. Commissioners discussed the ability of property owners to develop under non-conforming setback status. Commissioner Bichell said that he is concerned about the discussion of crime by some of the speakers. Commissioner Bird said heis concerned that the association is trying to rezone property without the concurrence of all the property owners. He said he is concerned about creating non-conforming status for some of the properties within the district. Commissioner Schiltz expressed concerns about forcing non-consenting property owners into non-conforming status. Dave Stuart stated that he is the Chairperson of the Historic Preservation Commission and that there are currently no Secretary of the Interior Standards for in-fill development. He said that the Historic Preservation Commission does review all building within the historic. districts that requires a permit and is visible from the street, but there are no guidelines for such review regarding this development. Minutes - Zoning Advisory Commission June 7,2006 Page 8 Commissioner Bird asked that staff identify the total number of non-conforming properties and units within the neighborhood if the rezoning were to be approved. Chairperson Stiles stated he was somewhat in support of the request, but would like additional information from staff. Commissioner Christ stated that she is concerned about the number of potential non- conforming properties that would be created, but that in general, she supports the proposal. Commissioner Bird asked if the applicants would be willing to table their request and reconfigure the zoning to limit the arnount of non-conformities and to work with the neighbors that have expressed concerns. Mr. Carroll stated that the neighborhood association would be happy to go back to the drawing board. He said that after discussions with staff, neighbors and the Association they would resubmit a modified request. Mr. Carroll asked that their rezoning request be tabled. Motion by' Bird, seconded by Stiles, to table the rezoning request at the applicant's request. Motion carried by the following vote: Aye - Christ, Bird, Bichell, Schiltz and Stiles; Nay- None. PUBLIC HEARING\TEXT AMENDMENT\CITY OF DUBUQUE: Application of City of Dubuque to amend Sections 6-1.5.5 and 4.4.2 of the Zoning Ordinance and Section 42-16 of the Subdivision Regulations to extend the duration of the development moratorium for the Iowa 32 (Southwest Arterial) Corridor. Staff Member Kritz outlined the request to continue the moratorium on development in the Southwest Arterial corridor. Commissioner Schiltz asked how long the extension would be. Staff Member Kritz stated one year. Commissioner Schiltz expressed concerns with such an extension. Motion by Christ, seconded by Bird, to amend Section 6-1.55 and 4.4.2 of the Zoning Ordinance and Section 42-16 of the Subdivision Regulations to extend the duration of the development moratorium for the Iowa 32 (Southwest Arterial) Corridor. Motion carried by the following vote: Aye - Christ, Bird, Bichell, Schiltz and Stiles; Nay - None. ADJOURNMENT: The meeting adjourned at 9:15 p.m. Respectfully submitted, f,"_ Kyle L. Kritz, Associate Planner Adopted . ,