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Minutes Zoning Adv. Comm. 9 6 06 MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, September 6, 2006 6:30 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa """"'~ "" r'~"r ":r.,""':""".i~"":i. ...... ..' I>>'J J1 ~ :iJ\~1 f:;'(~ t ,~,;""'}~;2' A" , ~'t,: I ,'~ PRESENT: Vice Chairperson Jeff Stiles; Commissioners Ron Smith, Stephen Hardie, Martha Christ, Ken Bichell, and Dick Schiltz; Staff Members Guy Hemenway and Kyle Kritz. ABSENT: Chairperson Eugene Bird, Jr. CALL TO ORDER: The meeting was called to order at 6:30 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 August 2, 2006 meeting were approved unanimously as submitted. ACTION ITEM\PRELlMINARY PLAT KEY CITY SUBDIVISION: Application of Mike Stecher/Schneider Surveying for approval of the Preliminary Plat Key City Subdivision North Cascade Road in Dubuque County. Mike Stecher, 2725 Shady Lane, offered to field any questions Commissioners may have. Staff Member Kritz said that the proposed subdivision is within two miles of the City limits and, therefore, joint review is required. He said that the Zoning Advisory Commission had seen two previous plats for this property. He said that the current plat subdivides the balance of the property. He discussed the site layout, street configuration and storm water detention measures. He recommended approval stating that the preliminary plat is in substantial compliance with City of Dubuque Subdivision standards. Commissioner Schiltz asked if the stub-streets extended through the temporary cul-de- sacs to the adjacent properties. Staff Member Kritz said they did. Commissioners discussed the request and felt that it is appropriate. "' Motion by Hardie, seconded by Schiltz, to approve the Preliminary plat of Key City Subdivision subject to waiving Article IV, Design and Improvement Standards, except Section 42-19 Lots and Blocks. Motion carried by the following vote: Aye - Hardie, Schiltz, Stiles, Bichell, Christ and Smith; Nay - None. ACTION ITEM\SITE PLAN APPROVAL: Application of Luksetich-Spahn Development/AI Urbain for approval of the site plan for BioLife Plasma Center located at 1220 Associates Drive. Minutes - Zoning Advisory Commission September 6, 2006 Page 2 John Allen, 99 Cambridge Court, stated that he represents Luksetich-Spahn Development. He offered to answer any questions the Commission may have. Staff Member Kritz said that the planned unit development for Medical Associates campus required site plan review and approval by the Commission for all major site plans within the PUD. He discussed the site location, layout, access and parking issues. He said that the BioLife Plasma Center planned to begin construction immediately. He recommended approval stating that the site plan is in substantial compliance with City of Dubuque standards. The Commission discussed the request and felt it was appropriate. Motion by Hardie, seconded by Christ, to approve the site plan for BioLife Plasma Center. Motion carried by the following vote: Aye - Hardie, Schiltz, Bichell, Stiles, Christ and Smith; Nay - None. PUBLIC HEARING\REZONING\MABU5TH (TABLED): Application of Mary & Stuart Mabusth (tabled) to rezone property located at 1098 Jackson Street from HI Heavy Industrial District to C-4 Downtown Commercial District. Mary Mabusth reviewed the request with the Commission. She discussed the location of the property, and the existing structures on the site. She discussed her business proposal indicating that the former office building would become a music education center or conservatory. She reviewed the layout of the school, types of training offered, and types of performances that would be held. She discussed potential future uses for the business. She said that she felt the business would be compatible with adjacent uses and help revitalize the warehouse district. She discussed the hours of operation for music classes, performances and recitals. She said classes would begin at approximately 4 p.m. and concerts would likely be in the evening hours. She projected that the business would have approximately 50 students and two instructors at the beginning. She said that concert events may have up to 250 persons. Commissioners Smith and Schiltz asked about parking and drop-off for school age children. Both expressed concerns with heavy traffic and parking demand in this area. Ms. Mabusth stated that she has been in contact with Spahn and Rose and Kalmes' Break Time in an effort to tailor a parking variance to address these issues. She stated that traffic . in the neighborhood is relatively sparse in the evening and that the railcars parked on the tracks along Jackson Street are about half a block south of her location. Staff Member Hemenway reviewed the rezoning request, discussing the past use of the property, surrounding land use, zoning and the current parking variance that was tabled by the Zoning Board of Adjustment. He discussed the transition ofthe warehouse district from industrial to more commercial and residential uses and reviewed the permitted uses in the C-4 and the HI districts. Minutes - Zoning Advisory Commission September 6, 2006 Page 3 Commissioners discussed the request, asking how parking credits were assigned to businesses. Commissioners expressed some concerns with granting parking credits for former uses in downtown buildings. They discussed recent changes in the warehouse district. Commissioner Hardie said that the City should encourage redevelopment of the area and that rezoning to C-4 offers a host of less intense uses than the current heavy industrial zoning allows. He said that rezoning would help encourage re-use ofthe subject property. Commissioner Bichell felt that the rezoning could help spur redevelopment of the warehouse district. Motion by Smith, seconded by Christ, to approve the rezoning from HI to C-4 as submitted. Motion carried by the following vote: Aye - Hardie, Schiltz, Bichell, Stiles, Christ and Smith; Nay - None. PUBLIC HEARING\REZONING\LEITCH/HEIAR: Application of Chad Leitch/Garry & Jeanne Heiar to rezone property located at 1331 Rockdale Road from R-1 Single-Family Residential District to R-2 Two-Family Residential District. Gary Heiar said that he wants to demolish an existing vacant and deteriorated house and build a new two-unit townhouse. He said that this would require that he utilize a portion of the existing parking lot for the Morocco Supper Club. Staff Member Hemenway reviewed the staff report, noting the surrounding zoning and land use and parking requirements for the Morocco. He stated that even if 35 parking spaces are removed as part of the rezoning, the Morocco will still be compliant because the business will retain 70 parking spaces. He said that the rezoning will provide a transition between existing R-1 and the commercial use. The Commissioners discussed the request and felt that it was appropriate. Motion by Christ, seconded by Smith, to approve the rezoning R-1 to R-2. Motion carried by the following vote: Aye - Hardie, Schiltz, Stiles, Christ, Bichell and Smith; Nay - None. PUBLIC HEARING\REZONING\OUBUQUE BANK & TRUST: Application of Nelson Klavitter, Dubuque Bank & Trust Co., to rezone property located at 2690 Rockdale Road . from County B-1 Business District to City C-3 General Commercial District in conjunction with annexation into the City of Dubuque. Brian Kane introduced Brent Toule of Dubuque Bank & Trust Company. Mr. Kane spoke in favor of the request. He said that the property owners have requested a parallel annexation and that they would like to join the City. He said DB&T would like to take advantage of City services and City sign regulations which permit a message center sign in Minutes - Zoning Advisory Commission September 6, 2006 Page 4 the C-3 district. He said that the branch bank has been at its present location for 30 years, and that the rezoning would have little impact on the neighborhood. Staff Member Kritz said that the Dubuque Bank & Trust submitted a combined rezoning and annexation request. He said that the City's 1997 Annexation Study indicated that this was a preferred area to annex. He said that, in all likelihood, most of this area will be annexed in the future. He discussed the permitted uses in the C-3 District. Commissioners discussed this request and felt that it was appropriate. Motion by Christ, seconded by Smith, to approve the rezoning request from County B-1 to City C-3 as submitted. Motion carried by the following vote: Aye - Hardie, Schiltz, Stiles, Christ, Bichell, and Smith; Nay - None. PUBLIC HEARING\REZONING\BRIGGS/LUKSETICH IT ABLED): Application of Wayne BriggslThomas Luksetich to rezone property located at the end of Millstone Drive, adjacent to the Northwest Arterial from R-1 Single-Family Residential District and R-3 Moderate Density Multi-Family Residential District to C-3 General Commercial District. Brian Kane, 2100 Asbury Road, said that he represents Wayne Briggs and Tom Luksetich. He said that the applicants would like to withdraw their request at this time and that they would likely resubmit a modified request sometime in the near future. Motion by Hardie, seconded by Smith, to approve withdrawal of the rezoning request. Motion carried by the following vote: Aye - Hardie, Schiltz, Stiles, Bichell, Christ and Smith; Nay - None. PUBLIC HEARING\TEXT AMENDMENTISECTION 4-3.11: Application of Greg Prehm, DaVincis Development to amend Section 4-3.11 to permit monument style freestanding signs within historic districts in C-4 Downtown Commercial zoning districts (10 foot height and 32 square foot area). The Commissioners were informed that the applicant withdrew their request. Motion by Hardie, seconded by Smith, to approval the withdrawal of the text amendment request. Motion carried by the following vote: Aye - Hardie, Schiltz, Stiles, Bichell, Christ and Smith; Nay -' None. ADJOURNMENT: The meeting adjourned at 7:30 p.m. Respectfully submitted, Adopted Kyle L. Kritz, Associate Planner