Minutes_Zoning Advisory Commission 5 1 13Dubuque
Masterpiece on the Mississippi
MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
6:00 p.m.
Wednesday, May 1, 2013
City Council Chamber
350 W. 6th Street, Dubuque, Iowa
iId
PRESENT: Chairperson Charles Miller; Commissioners Ron Smith, Stephen Hardie,
Patrick Norton, and Tom Henschel; Staff Members Guy Hemenway and Kyle
Kritz.
ABSENT: Commissioners Martha Christ and Eugene Bird, Jr.
CALL TO ORDER: The meeting was called to order at 6:00 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 March 6, 2013 meeting were approved unanimously as
submitted.
PUBLIC HEARINGITEXT AMENDMENT: Application of Premier Bank, 140 W. 9th
Street, for a text amendment to Amend Article 15 -11.10 to permit freestanding signs
along W 9th St between Iowa & Main Street in a C -4 Downtown Commercial Zoning
District.
Keith Wolff, Dubuque Sign Company, said he was representing Premier Bank. He
reviewed the location of the proposed signage, noting that it would increase the business'
visibility for eastbound traffic along 9th Street. He offered to answer questions.
Staff Member Hemenway reviewed the C -5 District freestanding sign history, noting past
amendments to the district which permitted freestanding signs for a number of businesses
in the area. He discussed the rationale for prohibition of freestanding signs in those parts
of downtown where buildings were built to the front property lines. He said that the C -5
District is unique in that it is located in the Old Town Neighborhood where property lines
extend to the street centerline. He said that this affords a business the ability to ask the
City to place signs on their property within the City's roadway and sidewalk easement. He
said that the Engineering Department reviews all requests for signage in a right -of -way
easement in an effort to insure pedestrian access and traffic safety. He said that
Engineering has reviewed the Premier Bank request and has no objections.
Minutes — Zoning Advisory Commission
May 1, 2013
Page 2
He said that staff is considering modifying the C -5 district regulations to allow freestanding
signage throughout so as to make the district more uniform. He said that the City
Engineering Department will still review any request for signs in the right -of -way easement.
Commissioners discussed the request and felt it was appropriate.
Motion by Hardie, seconded by Norton, to approve the amendment to Article 15 -11.10 to
permit freestanding signs along W. gt" Street between Iowa and Main Streets in a C -4
Downtown Commercial zoning district. Motion was approved by the following vote: Aye —
Smith, Hardie, Norton, Henschel and Miller; Nay — None.
PUBLIC HEARINGREZONING: Application of Jon Kluck to rezone property at 8005
Seippel Court from existing CS Commercial Service and Wholesale District, with
conditions, to reduce the north side setback from 50 feet to 20 feet.
Jon Kluck, 8005 Seippel Court, discussed the history of the required setback for the
property. He said that the property owner most impacted by the proposed change does not
object to the reduced setback. Mr. Kluck provided letters of support from the adjacent
property owner.
Commissioner Hardie reviewed the existing setbacks and ownership with staff and the
applicant.
Staff Member Hemenway reviewed the request, noting the change to the original
memorandum of agreement stating that the ownership of the adjacent property had
changed. He said that the current owner submitted a letter stating that he does not object
to the reduced setback from residential property from 20% of the lot depth to 20 feet.
Commissioners discussed the request, noting the letter submitted by the adjacent property
owner in support of the request asked that a condition restricting exhaust fans and storage
on the north side of the building be added. Commissioners discussed the request and felt
it was appropriate.
Motion by Henschel, seconded by Hardie, to approve the rezoning of the existing CS
Commercial Service and Wholesale District with conditions to eliminate the 20% lot depth
requirement and with the conditions that no storage or exhaust fans be allowed on the
north side of the building. Motion was approved by the following vote: Aye — Smith, Hardie,
Norton, Henschel and Miller; Nay — None.
ACTION ITEM \TEXT AMENDMENT: Application of the City of Dubuque for approval of
a text amendment to Amend Section 7 -2 Towers and Antennas of the Unified
Development Code to establish timelines for review of applications.
Minutes — Zoning Advisory Commission
May 1,2013
Page 3
Staff Member Kritz, representing the City of Dubuque, discussed the proposed code
change stating that it is due to a recent FCC ruling that compels government entities to
establish a reasonable timeframe for review of tower and antenna requests. He noted the
sections of the City of Dubuque Unified Development Code that will be changed to reflect
the required timelines established by the FCC. He discussed the history of tower requests
within the community and stated that the timeframe for previous requests fell well within the
FCC requirements.
Commissioners discussed the request and felt it was appropriate.
Motion by Hardie, seconded by Henschel, to approve the amendment to Article 7 -2 Towers
and Antennas of the Unified Development Code to establish timelines for review of
applications. Motion was approved by the following vote: Aye — Smith, Hardie, Norton,
Henschel and Miller; Nay — None.
PUBLIC HEARINGITEXT AMENDMENT: Application of the City of Dubuque to amend
Section 11 -7(D) Major Subdivisions and Section 11 -15(H) Streets of the Unified
Development Code to require that street names be included on preliminary plats.
Staff Member Kritz, representing the City of Dubuque, outlined the request. He discussed
current procedures regarding street naming protocol. He said that the street naming
convention is in place so as to not duplicate or confuse new street names with existing
streets. He said the amendment will enable staff to require formal names be assigned
prior to the plat review and approval.
Commissioner Miller asked if this is County -wide. Staff Member Kritz stated the review
would be for all streets in the County.
Motion by Henschel, seconded by Miller, to approve to amend Section 11 -7(D) Major
Subdivisions and Section 11 -15(H) Streets of the Unified Development Code to require that
street names be included on preliminary plats. Motion was approved by the following vote:
Aye — Smith, Hardie, Norton, Henschel and Miller; Nay — None.
PUBLIC HEARINGITEXT AMENDMENT: Application of the City of Dubuque to
Amend Section 6 -4 Flood Hazard Overlay District of the Unified Development Code.
Staff Member Kritz, representing the City of Dubuque, explained the request. He said that
the City's receipt of new FEMA floodplain panel rate maps prompted the requested
amendment. He noted the current requirements for certification of flood walls and levees.
He said that the new panels indicate that the City's flood wall is fully accredited and that the
map revisions reflect that status.
Commissioners discussed the request and felt it was appropriate.
Minutes — Zoning Advisory Commission
May 1,2013
Page 4
Motion by Norton, seconded by Smith, to amend Section 6 -4 Flood Hazard Overlay District
of the Unified Development Code. Motion was approved by the following vote: Aye —
Smith, Hardie, Norton, Henschel and Miller; Nay — None.
ADJOURNMENT: The meeting adjourned at 6:45 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted