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
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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