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Minutes Zoning Adv. C. 11 1 06 MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, November 1, 2006 6:30 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa DRAFT PRESENT: Chairperson Eugene Bird, Jr.; Commissioners Ron Smith, Stephen Hardie, Martha Christ, Ken Bichell, Dick Schiltz and Jeff Stiles; Staff Members Guy Hemenway and Kyle Kritz . ABSENT: None. CALL TO ORDER: The meeting was called to order at 6:30 p.m. AFFIDAVIT OF COMPUANCE: 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 October 4, 2006 meeting were approved unanimously as submitted. PUBLIC HEARING\REZONING (TABLED): 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 to rezone a portion of the Stewert property to HI Heavy Industrial District. He stated that the property was formerly zoned County M-1, which he said is the equivalent of heavy industrial. He submitted letters of support from adjacent property owners and he stated there is very little, if any, vacant heavy industrial land within the city of Dubuque available for development. He discussed access to the site, noting that visibility along Old Highway Road is adequate at the access point. He stated that the traffic generated by heavy industrial activity would not necessarily be any greater than that generated within the current light industrial district. Commissioners viewed photos of the site and discussed existing residential development and the Brehm farm property to the south. Diane Brehm, 12458 Cottingham Road, spoke in opposition to the request. She said that her property is directly adjacent to the subject property and is zoned County R-1 residential. She said she felt that the proximity of heavy industrial activity next to her property would have a negative impact on its value. She said that potential storm water runoff and contamination could impact her property. She said that the proposal provides no buffer between her and those businesses that will locate on the property. Minutes - Zoning Advisory Commission November 1, 2006 Page 2 Mr. Adams stated that storm water detention would be required for all development on the subject property. He said that heavy industrial zoning does not sanction dumping of contaminants on the property and, if the property is contaminated, it is regulated by the State Department of Natural Resources and the Federal EPA. Commissioners reviewed photos and discussed the visibility of the site from the Brehm property. Mr. Adams noted that the existing light industrial zone would allow industrial land uses directly adjacent to the surrounding property. He said that he would be amenable to installing vegetative screening to create a buffer area. Staff Member Hemenway reviewed the staff report, noting the proposed access from Old Highway Road and the surrounding land uses. He listed those uses permitted in the heavy industrial district that are not permitted in the light industrial district. He said that storm water management would be required for any new development on the subject property regardless of its zoning classification. Commissioner Bichell said that he felt that heavy industrial activity is too intense to be placed directly adjacent to a residential zone. He said the proposed land use would be incompatible with its surroundings. Commissioners discussed the size of the subject parcel, reduction of the heavy industrial area and the addition of a buffer area. Commissioner Hardie reviewed the criteria established regarding the granting of a rezoning, stating that he felt none of the criteria had been satisfied. Commissioner Schiltz said that he will abstain from voting on the request because he was not able to visit the site and could not make an informed decision. Chairperson Bird discussed former County M-1 zoning and annexation history. He noted that the County industrial area across the railroad is zoned County M-2. Commissioner Stiles stated that he did not feel conditions had to change to warrant a rezoning, but that he could only support rezoning a portion of the site that was not directly adjacent to the Brehm property. Commissioner Christ expressed concerns by the close proximity of the proposed heavy industrial activity to the adjacent residentially zoned property. Motion by Smith, seconded by Stiles, to approve the rezoning request as submitted. Motion was denied by the following vote: Aye - None; Nay - Smith, Hardie, Christ, Bichell, Stiles and Bird; Abstain - Schiltz. PUBLIC HEARING\REZONING: Application of Lenore Nesler/James McMahon to rezone property located at 1108 Locust Street from OR Office Residential District to C-2 Neighborhood Shopping Center District to permit a coffee shop/deli with apartment above. Stuart Hoover said that he represents Lenore Nesler. He said that the rezoning would be beneficial to the subject property and the surrounding property. He said that the amount of traffic and activity generated by the coffee shop would have very little impact on the adjacent residential properties. He said that Ms. Nesler had contacted all the surrounding Minutes - Zoning Advisory Commission November 1, 2006 Page 3 property owners and none had voiced concerns regarding her proposal. Mr. Hoover noted the mixed nature of the surrounding land use. Dave Stuart, 1492 Locust Street, said he represents the neighborhood association and the Masonic Temple, and that both are in favor of the request. He said that the area is characterized by mixed use and significant vehicular traffic. He said that a small business at this location will be compatible with the neighborhood. Staff Member Hemenway reviewed the request. He stated the applicant had received a variance through the Zoning Board of Adjustment for six off-street parking spaces. He reviewed the uses permitted in a C-2 district and stated that two other districts allow a restaurant as a conditional use. He discussed potential parking demand and existing traffic. Commissioner Bichell asked if there are currently any limitations on the hours of operation, number of employees or seats the restaurant could have. Staff Member Hemenway said other than parking requirements, these limitations would not be imposed. Chairperson Bird asked staff to review surrounding zoning. Staff Member Hemenway stated that surrounding zoning is either Office Residential or Office Commercial with Downtown Commercial across the alley. Commissioners discussed the request. Commissioner Stiles said it is refreshing to see the neighborhood support the request. He said that he feels the proposed rezoning was consistent with other development in the neighborhood. Commissioner Hardie and Chairperson Bird discussed the Office Commercial rezoning option. Commissioner Schiltz spoke in favor of the request. He said that there has been no neighborhood opposition and that he did not feel it was necessary to rezone to OC. Commissioner Stiles stated that he agreed with Commissioner Schiltz. Commissioner Hardie said that he is concerned with the whole list of uses permitted by the C-2 District. Lenore Nesler said that she has spoken to her neighbors and they are very supportive of her proposal. She said that the neighbor directly adjacent to her supports her request. She said that prior to her acquisition of the property, the building was deteriorated and presented numerous law enforcement problems for the neighbors. She said that the building interior is relatively small and that lack of parking and space limitations would prevent a large business from locating in this building. Commissioner Hardie stated that he feels that C-2 zoning is appropriate at this location. Motion by Stiles, seconded by Smith, to approve the rezoning as submitted. The motion was approved by the following vote: Aye - Smith, Hardie, Christ, Bichell, Stiles, Schiltz and Bird; Nay - None. Minutes - Zoning Advisory Commission November 1, 2006 Page 4 PUBLIC HEARING\TEXT AMENDMENT: Application of Robert Peacock, American Trust & Savings to amend Section 3-5.2 of the zoning ordinance to allow drive-up ATM Teller Machines in medical 10 Institutional Districts. Robert Peacock said that he represents American Trust and Savings Bank. He outlined the amendment request, stating that he feels it is appropriate for a drive-up teller to be listed as a permitted or accessory use in an institutional district. Staff Member Kritz said that the proposed amendment would be limited to medical campuses. He said that the Medical Associates Planned District already permits a drive-up ATM. He said that walk-up ATMs are prevalent currently on college campuses and in hospitals. He said that staff felt, however, that the potential commercial activity generated by a drive-up A TM warrants the Commission's review. He said that drive-ups A TMs could be designated a conditional use which would permit Zoning Board of Adjustment and neighborhood review, or, deemed a permitted or an accessory to medical facilities. He said that site plan review would be required in all cases. In response to a question from the Commission, he said that this amendment would not permit ATMs at nursing homes. Commissioner Hardie said that drive-up A TMs are customary at large institutions and that he feels they are appropriate as an accessory use. Motion by Christ, seconded by Smith, to approve drive-up ATM teller machines in medical 10 Institutional Districts as an accessory use. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Bichell, Schiltz, Bird and Stiles; Nay - None. PUBLIC HEARING\AMEND 10 INSTITUTIONAL DISTRICT: Application of Keith Wipperfurth, University of Dubuque to amend the University of Dubuque 10 Institutional District along the McCormick Street Extension to allow replacement ofthe existing facilities building with a new structure located in the southwest portion of the campus near West and Gilliam Streets. Jim Steiner said he is the Vice President of Finance and Auxiliary Services for the University of Dubuque. He introduced Keith Wipperfurth, Ken Johnson and Tony Zelinskas. He stated that the University had invited surrounding property owners to an open house and that eight neighbors had attended. He discussed the comprehensive campus planning process. He discussed the existing site layout and the proposed changes. He discussed the proposed maintenance building's location, size, use and design. He said the University will maintain a gated access to Gilliam and West Streets except during athletic events and deliveries. He discussed the proposed roadway's proximity to the adjacent residences and stated that the University plans to manage storm water in this area. Commissioner Stiles asked if any of the neighbors concerns had been addressed. Mr. Steiner stated that storm water issues were of primary importance to the Minutes - Zoning Advisory Commission November 1, 2006 Page 5 neighbors and the University. Commissioner Bichell asked where the road would terminate. Mr. Steiner said the road would connect with the health center parking lot. Mike Larkin, 224 Princeton Place, expressed concerns with storm water runoff. He said that he feels the roadway behind his house would carry a lot of traffic and, being elevated above his property, have a negative impact. He asked the Commission to require the roadway to be relocated. Staff Member Kritz clarified the location of the stub street. Bob Armstrong, 298 Princeton Place, said that he is concerned with the roadway and its proximity to his yard. He said he is concerned with drainage, and that he has incurred significant water damage to his property in the past. He stated a need for privacy screening along the roadway. Tom Finn, 264 Princeton Place, expressed concerns with drainage from the roadway and the new maintenance building and the proximity of the roadway to residential properties. Dewell Hesselman, 274 Princeton Place, expressed concerns with the roadway location. Mr. Steiner stated that many of the neighbors concerns were not related to the new facilities building. He stated that the University will secure WHKS to develop a storm water management plan. He discussed the parking behavior offans attending sporting events at the University. He said it is likely they will park closer to the entrance than to the neighboring properties. He said the University will plant a row of evergreens along the north side of the future roadway as a buffer, and that the roadway will be no closer than 10 feet at its closest point to the residential properties. Commissioner Schiltz expressed concerns with the long-term historical drainage problems between the University and adjacent residential properties. Mr. Steiner said that these issues will be addressed during the design and construction process. Commissioner Schiltz stated he would be more comfortable seeing a comprehensive development plan for the facilities building and the wellness center, instead of seeing just a portion of the development. Mr. Steiner stated that the University wants to remove an inadequate facilities building and replace it with the new facility that he said is needed now. He said that the University will address drainage issues during the next phase of their project. Staff Member Kritz outlined the institutional district regulations and said that the proposed facilities building is deemed a significant on-campus change. He said it is located directly adjacent to residential properties. He discussed the building design, location and roadway access. He said that the existing roadway connection to West and Gilliam Streets is secured with a chain. He discussed relocation of the tennis courts. He said that one neighbor would be affected directly by the proposed stub street, and that other neighbors may possibly be affected if the Commission were to approve the extension of the roadway Minutes - Zoning Advisory Commission November 1, 2006 Page 6 to serve the wellness center. He said that the University has stated that these represent two independent projects with a common roadway connection. He said when the wellness center is designed, the site plan will indicate how storm water will be managed. Commissioner Schiltz said that he still feels that the entire project should be reviewed as a comprehensive and inclusive plan. Commissioner Hardie said that he feels it is okay to consider each project separately and that he is confident that the roadway will be built using a sensitive design to both buffer adjacent properties and adequately manage storm water. He said he feels the University of Dubuque will be responsive to the neighbors concerns. Commissioner Stiles said that he is satisfied that the University will comply with all drainage requirements set forth by the City. Commissioner Smith said that the road design will be modified to address the concerns voiced by the neighbors and that he is satisfied with the maintenance building project. Commissioner Bichell said that because roadway issues will be considered at a later date, he feels the maintenance building is okay. Commissioner Christ said that she agreed with the other Commissioners. Motion by Stiles, seconded by Christ, to approve the amendment to the University of Dubuque ID Institutional District. Motion was approved by the following vote: Aye- Smith, Hardie, Christ, Bichell, Bird and Stiles; Nay - Schiltz. ITEMS FROM STAFF: Assistant City Attorney Tim O'Brien outlined legal staff's interpretation of the recent Supreme Court ruling regarding exparte communication. He said that any communication between Commissioners and the public regarding a rezoning outside of the public hearing process is not permitted. He said that if Commissioners had any questions, they could contact him or Planning staff. Commissioners expressed concerns with their inability to visit sites. Many Commissioners said they feel it is necessary to visit sites to make an informed decision. ADJOURNMENT: The meeting adjourned at 9:30 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted