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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 ) IWh 'JA': fij (i'l' ,~ ~ ',k".. .'~ ;.if!:if ,." -, ; ,,,,,,,,,,,.j!.,,,,,, ..~ ~ "C~f! :~:~;"''''i~'' l;f~'. .~~" ..'S~i~'~:' . ~/ . . Ii! ~',./'1'..:;....(; ,;l.' '''''~ 1.~' . i~f ':-11;,." /~,/ !Ii 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. Minutes - Zoning Advisory Commission 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