Minutes Zoning Adv. Comm. 12 6 06
MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
Wednesday, December 6, 2006
6:30 p.m.
Auditorium, Carnegie Stout Library
360 W. 11 th Street, Dubuque, Iowa
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PRESENT: Vice Chairperson Jeff Stiles; Commissioners Ron Smith, Martha Christ, Dick
Schiltz, and Stephen Hardie; Staff Members Guy Hemenway and Kyle Kritz.
ABSENT: Chairperson Eugene Bird, Jr. and Commissioner Ken Bichel!.
AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying that the
meeting was being held in compliance with the Iowa Open Meetings Law.
CALL TO ORDER: The meeting was called to order at 6:30 p.m.
MINUTES: The minutes of the November 1, 2006, meeting were unanimously approved as
submitted.
ACTION ITEMIASSESSMENT OF SIGNIFICANT CHANGE: Application of Marty Johnson,
Straka Johnson Architects/Keith Zenner, Dubuque Sign Co., for an assessment of significant
change regarding The Finley HospitallD Institutional District Hartig Drugstore sign locations.
Marty Johnson, representing Straka Johnson Architects and Hartig Drug, distributed a color
rendering of a proposed freestanding sign for Hartig Drug Store. He stated that the request
before the Commission is to determine whether repositioning the sign approximately 60 feet to
the north of its approved location represents a significant change to the institutional district
conceptual plan. He stated that the sign will be located outside of the visibility triangle.
Staff Member Hemenway asked the Commission to determine whether shifting the sign from the
Grandview Avenue frontage to the corner of Grandview and University Avenues represented a
significant change.
Commissioners discussed the request, and felt that the change was not significant and,
therefore, an amendment to the district was not required.
Motion by Hardie, seconded by Christ, indicating the Commission's determination that
repositioning the Hartig Drug freestanding sign does not represent a significant change to the
conceptual development plan for the Finley Hospital Institutional District. Motion carried by the
following vote: Aye - Smith, Stiles, Schiltz, Christ and Hardie; Nay - None.
PUBLIC HEARINGIAMEND PLANNED DISTRICT: Application of Dubuque Initiatives,
Horsfield Company/Aaron Dejong, Economic Development Department to amend the Dubuque
Industrial Center Planned District to add landscaping requirements, amend location of open
Minutes - Zoning Advisory Commission
December 6,2006
Page 2
space within the industrial park to allow additional space for commercial and industrial land uses
in the Dubuque Industrial Center.
Jennifer Clemens-Conlon, 2080 Southpark Drive, stated that she is the attorney representing
Dubuque Initiatives. She provided brief background information regarding Dubuque Initiatives.
She identified the four parcels requested to be rezoned and discussed existing land uses. She
said that Dubuque Initiatives has reduced the permitted uses in the C-3 District by three,
eliminating body shop, mobile home sales and contractor shop/yard. She discussed objections
that were raised by the neighbors regarding the rezoning. She said that land use in the area
has changed over the last 20 years with the addition of more highway-oriented commercial
development. She said that drainage issues for the properties have been studied and storm
water will be adequately managed. She said that the existing streets are capable of
accommodating any additional traffic generated by development of the subject properties.
Vice Chairperson Stiles inquired about a signature from a representative of Carlisle Graphics
stating that they were in favor of the industrial, but not the commercial development.
Bob Hartig, 3130 Westmore Drive, said that he represents Medical Associates. He expressed
concerns with rezoning parcel #3, situated behind Carlisle Graphics, because of the potential
loss of green space and potential park area. He said that this area should remain green space
so that it can accommodate a park and a bike path. He said that Medical Associates did not
object to A. Y. McDonald's expansion.
Davin Curtis, of O'Connor and Thomas, said that he represents Westmark Enterprises at 4020
Westmark Drive. He said Westmark is opposed to the rezoning. He said that the existing open
space serves as an effective buffer between the industrial development and Westmark's office
park. He said that Westmark has constructed a pedestrian trail that runs directly adjacent to the
subject lot that is proposed to be developed as a commercial property. He said that when the
industrial park was originally rezoned green space was deemed an integral part of the
development. He questioned what had changed to warrant elimination of the green space. He
said that Westmark has concerns with storm water management for the subject property. He
referenced a letter regarding former land use discussions and agreements. He discussed the
Comprehensive Plan, stating that the land use map had designated this area as industrial
property. He discussed the land use goals regarding buffering, environmental protection, and
compatibility of uses. He said that development of these properties would potentially disturb
existing wildlife habitat. He said significant grading would be necessary to develop the property.
He said that Westmark feels that the property should remain a park-like buffer.
Walter McFadden, 5580 Pennsylvania Avenue, said that the taxpayers agreed to set aside
green space when the industrial park was originally developed. He said that the area should
remain green space. He said that if the green space were to be eliminated, the Commission
would be setting a precedent for future development. He said that he also feels the taxpayers
should not compete with the private sector by creating commercial development property.
Jennifer Clemens-Conlon stated that A. Y. McDonald Company would make a 25-foot easement
available to accommodate the bike/hike trail. She stated that Dubuque Initiatives is a private,
Minutes - Zoning Advisory Commission
December 6,2006
Page 3
non-profit group, not a City entity. She said that ifthe subject properties were to be developed,
landscaping would be provided as per the planned district requirements.
Staff Member Kritz discussed the industrial park layout utilizing aerial photos. He identified the
subject parcels and discussed proposed access to the properties. He said that the City tries to
encourage compact and contiguous infill development. He said that the park has a significant
amount of open space, approximately 30% of the existing area, which if the rezoning were to be
approved, would be reduced to 16%. He said that each lot as it developed would have to
maintain the required amount of open space. He said that the subject parcels would be
assigned the same setbacks established for the planned district.
Commissioner Smith asked if Mr. Horsfield was aware that half of his lot was designated as
open space when it was purchased. Staff Member Kritz said that to his knowledge he was.
Commissioner Smith asked why the park did not have a detention area. Staff Member Kritz
stated that when the park was developed, storm water detention was not required. He stated
that any subsequent development on the subject parcels would require storm water
management measures that would be reviewed through the site plan process.
Commissioner Schiltz inquired about existing and proposed setbacks. Vice Chairperson Stiles
asked if the City had rezoned property to commercial in an industrial setting before.
Commissioner Hardie said that the applicant has produced no compelling reason to change to
the existing zoning. He said that he feels the area has not changed enough to warrant a
rezoning. He said that the intent of the planned unit development is to create a plan with clear
expectations for development for both property owners, developers and adjacent land owners.
He said that the existing green space behind the Westmark property enhances the entrance to
the park. He said that, in all likelihood, access to the Northwest Arterial would be needed in the
future for the commercial property. He said that he felt that rezoning this property is short-
sighted.
Commissioner Schiltz concurred stating that there has been no compelling change to the area
and that other commercial property is available along the Northwest Arterial. He said that
additional industrial development land is available in the Dubuque Industrial Center and
Dubuque Industrial Center West.
Commissioner Smith said that Mr. Horsfield knew the property was zoned open space when he
purchased it. He agreed that access to the Northwest Arterial for the commercial property would
be necessary. He said that he is not concerned with the expansion of A. Y. McDonald's facility.
Vice Chairperson Stiles said that this rezoning represented an infill of an existing park. He said
that he felt that if the commercial property is developed, highway access would be necessary
which would likely add a stop light to the Northwest Arterial.
Motion by Christ, seconded by Stiles, to approve the rezoning as submitted. Motion was denied
by the following vote: Aye - None; Nay - Smith, Stiles, Schiltz, Christ and Hardie.
Minutes - Zoning Advisory Commission
December 6, 2006
Page 4
PUBLIC HEARING\REZONING: Application of David Hartig/Gary Heiar to rezone property from
R-2 Two-Family Residential District to R-1 Single-Family Residential District located at 1331
Rockdale Road.
Ed Biederman stated that he represents Dave Hartig. He offered to answer any questions the
Commission may have.
Staff Member Hemenway reviewed the request, noting that the Commission approved a
previous request for the subject property to rezone the lots from R-1 to R-2. He said that the
Zoning Board of Adjustment had approved a substandard lot split at this location because the
subject lot did not have the required amount of square footage or frontage. He said the subject
lot has been labeled non-buildable.
The Commission discussed the request and felt that it was appropriate.
Motion by Christ, seconded by Schiltz, to approve the rezoning request as submitted. Motion
carried by the following vote: Aye - Smith, Stiles, Schiltz, Christ and Hardie; Nay - None.
PUBLIC HEARING\TEXT AMENDMENT: Application of Cherie Kennedy/Child Care Resource
& Referral to amend the zoning ordinance regulations regarding daycare to be consistent with
State of Iowa regulations.
Cherie Kennedy, representing Project Concern/Child Care Resource and Referral, reviewed the
proposed changes to the City Ordinance she said are necessary to accommodate changes
made to the State Code regarding child care. She discussed three levels of child care and
noted that there is a need for child care in the Dubuque area. She stated that the changes
would facilitate an increase in child care opportunities. She discussed the criteria established by
the State regarding the number of children allowed in child development homes.
Tara Roddick, Child Care Resource and Referral, stated that she provides referrals for parents
who need child care. She said that if the current amendment is not adopted, it could affect
approximately 70 children in the Dubuque area. She said that she supports aligning the City
regulations with the State regulations to create uniformity. She said that existing child care
homes would be allowed to expand if the regulations are amended.
Staff Member Hemenway reviewed the amended language with the Commission. He discussed
the City staff's role in the regulation and monitoring of child care. He said that State regulators
primarily conduct inspections on the interior of day care homes. He discussed the changes to
the ordinance language, stating that the definition of daycare home would be eliminated and
replaced with child care, and that the definition of group day care center would be replaced with
licensed child development center. He stated that daycare home would be removed from the
home occupation section of the ordinance and replaced with child care as an accessory use in
all residential and office residential districts. He stated that the change would eliminate outdated
definitions that refer to no longer relevant State standards that are currently in the Zoning
Ordinance.
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December 6,2006
Page 5
Commissioners and staff discussed the proposed changes and their potential impact to
neighborhoods. Staff noted that licensed child development centers would still require Zoning
Board of Adjustment review through the conditional use process, with written notification and a
public hearing.
Commissioners further discussed the established standards and the inspection process for child
care. They agreed that the proposed changes are appropriate.
Motion by Schiltz, seconded by Smith, to approve the amended language regarding child care
as submitted. Motion carried by the following vote: Aye - Smith, Stiles, Schiltz, Christ and
Hardie; Nay - None.
ITEMS FROM STAFF:
2007 Meetino Schedule: The Commission discussed the 2007 meeting schedule.
ADJOURNMENT: The meeting adjourned at 8:30 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner
Adopted