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Minutes Zoning Adv. Comm. 10 4 06 MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, October 4, 2006 6:30 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa PRESENT: Chairperson Eugene Bird, Jr.; Commissioners Ron Smith, Stephen Hardie, Martha Christ, Ken Bichell and Jeff Stiles; Staff Members Guy Hemenway and Kyle Kritz. ABSENT: Commissioner Dick Schiltz. CALL TO ORDER: The meeting was called to order by Chairperson Bird 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 September 6, 2006 meeting were approved unanimously as submitted. ACTION ITEM\FINAL PLAT \LOCHNER: Application of Kenneth Lochner for approval of the Final Plat of Lot 1-2 and Lot 2-2 of the West Y:z of the SE Y. Section 17, T88N R3E located along U.S. Highway 52 in Dubuque County. Ken Lochner said that he and his brother were attempting to split their farm enabling each to keep a portion of the property. There were no public comments. Staff Member Kritz said that the property is within two miles of the City limits and, therefore, requires joint City/County review. He said that neither of the lots has the required amount of frontage; however, the property is not being subdivided for development. He recommended approval, waiving the Design and Improvement Standards for lot frontage. Commissioners discussed the request and felt it was appropriate, noting that except for frontage, the plat was in conformance with City regulations. Motion by Stiles, seconded by Smith, to approve the final plat of Lot 1-2 and Lot 2-2 of the west Y:z of the SE Y. Section 17, T88N, R3E, subject to waiving Article IV, Design and Improvement Standards of the Subdivision Regulations, exceptfor Section 42-19, Lots and Blocks. Motion carried by the following vote: Aye - Bird, Stiles, Christ, Hardie, Bichell and Smith; Nay - None. ACTION ITEM\PLAT OF SURVEy\GIBBS CONSTRUCTION: Application of Gibbs Construction for approval of the Plat of Survey Lot 1-2 and Lot A-2 of Cedar Lake - East Third Addition located at the end of the existing North Cedar Court in Cedar Lakes Subdivision. Minutes - Zoning Advisory Commission October 4, 2006 Page 2 The applicant was not in attendance. There were no public comments. Staff Member Kritz said that the Commission had recently reviewed a similar plat, but, the modified plat had been slightly altered to meet front yard setbacks for the third lot. He recommended that, as the plat is in substantial compliance with City of Dubuque Standards, it be approved. Commissioners discussed the request and felt it was appropriate, noting the plat was in conformance with City regulations. Motion by Smith, seconded by Christ, to approve the Plat of Survey of Lot 1-2 and Lot A-2 of Cedar Lake - East Third Addition. Motion carried by the following vote: Aye - Bird, Stiles, Christ, Hardie, Bichell and Smith; Nay - None. PUBLIC HEARING\AMEND PUD\PREMIER BANKlADVANTA SIGN CO.: Application of Andrew Mozena, Premier Bank! Jeff Walker, Advanta Sign Company to amend the Asbury Plaza Sign Regulations to permit a second free-standing monument style sign on outlots, not to exceed 10 square feet in area and 10 feet in height. Chairperson Bird stepped down from the table. Vice Chairperson Stiles presided. Jeff Mozena, representing Premier Bank, reviewed the request. He noted the location of the property, existing bank signage and the proposed addition of a sign to the existing monument on the premises. He stated that a number of the out lots in Asbury Plaza have frontage along both the Northwest Arterial and an interior frontage road. He said Premier Bank would like to place letters on an existing stone monument to indicate the bank's location to those motorists passing along the frontage road. Staff Member Hemenway reviewed the request, noting existing regulations for signage on out lots within the Asbury Plaza PUD. He stated that there are nine out lots within Asbury Plaza, and that all property owners within the PUD were notified. Commissioners noted that the subject parcel is comprised of two lots. Commissioner Hardie said he was concerned that while the size and height of the sign is limited, the size of the monument structure itself is not limited. Commissioners also expressed concerns with the potential for addition of large monuments to all of the out lots within the Asbury Plaza. Commissioners felt that out lots with three frontages are at a disadvantage and that it may be appropriate for the additional signage to be limited to these lots. Motion by Smith, seconded by Christ, to amend the request to permit freestanding monument-style signs only on lots with three frontages. Motion carried by the following vote: Aye - Stiles, Christ, Hardie, Bichell and Smith; Nay - None; Abstain - Bird. Minutes - Zoning Advisory Commission October 4, 2006 Page 3 Motion by Smith, seconded by Christ to approve the amended request. Motion carried by the following vote: Aye - Stiles, Christ, Hardie, Bichell and Smith; Nay - None; Abstain - Bird. PUBLIC HEARING\REZONING\ADAMS/STEWART CONSTRUCTION: Application of Greg Adams/Stewart Construction Inc. to rezone property located Southwest of the corner of Seippel Road and Old Highway Road (Lot 1 of 2 Mason Cate Estates)from LI Light Industrial District to HI Heavy Industrial District. Greg Adams reviewed his request with the Commission. He stated that the property has been on the market for three years, and that most of the interested parties have required HI zoning. He stated that the property sits well below the grade of the surrounding properties, and that it is adjacent to County industrial development and a railroad track. Diane Brehm, 12458 Cottingham Road, stated that her property is located directly adjacent to, and south of, the subject property. She said she objects to heavy industrial zoning directly adjacent to her property which is County R-1. She stated that the request does not represent a logical transition between zoning districts, changing abruptly from heavy industrial to residential. She expressed concerns with the potential for polluted runoff from industrial activity to flow onto her property and harm her family's livestock. She stated she was amenable to a reduced area rezoning that would move the heavy industrial activity back from her property line. Mr. Adams stated that runoff should not be an issue because the City requires storm water conveyance and detention. He said that current regulations would not allow waste runoff to be dumped directly into the stream. He stated he did not object to modifying his request to reduce the area to be rezoned to HI. Staff Member Hemenway reviewed the surrounding property and land use and topography of the site. He noted that, although the property sits below the grade of Old Highway Road, some of the properties to the south, including the Brehm farm, are at or below the grade of the subject property and could have a direct view into the proposed heavy industrial area. Staff reviewed the process required to modify the rezoning request. Commissioners reviewed the permitted uses in both the LI and HI districts. Commissioners discussed the ability to buffer the surrounding property and provide adequate access to the site. Commissioners discussed the potential for creating a PUD for the entire site. Chairperson Bird offered the applicant several options regarding his proposal. Mr. Adams stated that he would like to table his request, work together with the Brehm's, and resubmit a modified request. Minutes - Zoning Advisory Commission October 4,2006 Page 4 Motion by Bird, seconded by Stiles, to table the rezoning request, at the applicant's request, to the November 1, 2006 meeting. Motion carried by the following vote: Aye- Bird, Stiles, Christ, Hardie, Bichell and Smith; Nay - None. PUBLIC HEARING\REZONING\HISTORIC BLUFFS NEIGHBORHOOD ASSOCIATION: Application of Rodney Carroll, Historic Bluffs Neighborhood Association to rezone property located in the W. 11th Street Historic Preservation District from R-3 Moderate Density Multi-Family Residential District, R-4 Multi-Family Residential District and C-1 Neighborhood Commercial to R-2 Two-Family Residential District. Rodney Carroll, 510 W. 11th Street, stated he is the vice president of the Historic Bluffs Neighborhood Association. He discussed the background of the rezoning request, provided information regarding the neighborhood association, and said that additional open meetings have been held since the last time the rezoning request was before the Commission. He used a PowerPoint presentation to illustrate the neighborhood's architecture and the transition of buildings from multi-family to single family dwellings. He discussed the revised request, noting that the OR and R-2A properties have been removed from the area to be rezoned. He said that, based on input from the property owner, he would agree to remove additional property at 514 Loras Blvd. from the rezoning request. He said that the property is currently zoned C-1 with a Laundromat on the first floor and apartments above. He said that the building is a classic commercial storefront. He stated that the neighborhood association would also be willing to eliminate two parcels owned by Mr. Chris Stombaugh on 605 and 635 W. 11th Street. He said these parcels currently accommodate a 10 and 12-unit apartment building. Mr. Carroll reviewed the purpose of the rezoning, citing specific examples of property that would benefit from the rezoning. He stated that the rezoning would prevent some of the large older structures from being converted into multi-family dwellings in excess of two units. Chris Stombaugh stated that he is a property owner at 605 and 635 W. 11th Street. He spoke with concerns regarding the proposed rezoning. He noted that his property has a total of 28 units and that he and his wife had made many improvements to the property. He stated that his primary concern is that if the structures were destroyed by fire, they could not be rebuilt to their current density under R-2 standards. He stated that he did not object in principle to the rezoning request, but he would like to exclude his property because it would cause an extreme hardship and lower the resale value of the property. He said that, even under the existing zoning regulations, he could not build back the same number of units; however, overall, he would lose 10 potential units if the rezoning were approved. Leo Kringle, 994 Richards Road, said he is a property owner in the 11th Street neighborhood and has a prospective buyer for his two lots at the corner of Arlington and Grove Terrace. He said he would like the property to remain R-3 as it offers him more flexibility in the sale of the property. Minutes - Zoning Advisory Commission October 4, 2006 Page 5 Hugh Arnold, 1203 Grove Terrace, stated that residential density and on-street parking are recurring problems in this area. He said that current zoning district standards have the potential to create a denser neighborhood over time and increase demand for limited on- street parking. He said that many of the larger parcels could possibly be converted to multi-family housing. John Whalen, 1105 Highland Place, spoke in support of the rezoning. He stated that he did not object to excluding the Stombaugh property from the request. Nancy Ciapalo, 1209 Highland Place, spoke in support of the request. She said that the rezoning would encourage development of single and two-family residences in the area, which would reduce the amount of demand for parking. Jeff Mozena, 1207 Grove Terrace, spoke in support of the revised rezoning request. He said he was amenable to excluding the Stombaugh property from the request. He reviewed the history of the neighborhood, including the establishment of the historic district and the conversion of many properties in the area from multi-family to single and two-family dwellings. He stated that there are 22 fewer units on his street than when he moved in. Mr. Mozena presented a letter for the record asking that it be forwarded to the City Council. Joan E. Noon, 1245 Grove Terrace, spoke in support of the rezoning. She said that there is currently a lack of parking in the area and that the rezoning will support the efforts of the neighbors to improve their properties. Linda Stombaugh, 605-635 West 11 th Street, stated that the properties that she owns and manages have large parking lots and provide the required amount of off-street parking for all their residents. Tony Clemen, 1030 Grove Terrace, spoke in support of the rezoning request. Bob Fisch, 722 W. 11th Street, spoke in support of the request, stating that the rezoning would be an improvement to the neighborhood. Mr. Carroll asked to modify the request to exclude both the C-1 property at 514 Loras Boulevard and the Stombaugh property at 605-635 W. 11th Street. Staff Member Hemenway reviewed the correspondence received regarding the rezoning. He noted that the current request includes less properties than the previous request. He said the request has been further modified to remove properties whose owners asked not to be included. He stated that these properties include the former coffee shop and current Laundromat at 514 Loras Boulevard and the five-building, 28-unit complex at 605-635 W. 11 th Street. Minutes - Zoning Advisory Commission October 4, 2006 Page 6 Commissioners discussed the request. They asked staff about the number of vacant lots within the neighborhood. They discussed the potential for additional development in the area. Staff Member Hemenway reviewed current standards for lot area and required off-street parking. Commissioners discussed the Kringle property at the corner of Arlington and Grove Terrace, noting the problems with topography and site development. Commissioners Hardie, Stiles and Bird congratulated the neighbors and the neighborhood association on their efforts over the years to improve their properties, and stated that the applicants appeared willing to work with all the area residents to formulate a compromise that was amenable to most neighbors. Commissioner Bichell stated that he originally had concerns with the potential loss of affordable housing in the area, but that the neighbors had answered most of his questions and addressed his concerns. Commissioners felt the request was appropriate. Motion by Christ, seconded by Hardee, to amend the request to eliminate the properties at 514 Loras Boulevard and 605-635 W. 11th Street. Motion carried by the following vote: Aye - Bird, Stiles, Christ, Hardie, Bichell and Smith; Nay - None. Motion by Stiles, seconded by Smith, to approve the request. Motion carried by the following vote: Aye - Bird, Stiles, Christ, Hardie, Bichell and Smith; Nay - None. ADJOURNMENT: The meeting adjourned at 8:30 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted