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.
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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.
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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.
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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.
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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.
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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