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Minutes Zoning Commission 1 3 07` ~ MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION ,k Wednesday, January 3, 2007 ~~ ~? .~ 6:30 p.m. ~ ~i Majestic Room, Five Flags Civic Center 405 Main Street, Dubuque, Iowa PRESENT: Chairperson Eugene Bird, Jr., Commissioners Ron Smith, Martha Christ, Ken Bichell, and Jeff Stiles; Staff Members Laura Carstens, Guy Hemenway and Kyle Kritr. ABSENT: Commissioners Dick Schiltz and Stephen Hardie. 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 December 6, 2006 meeting were approved unanimously as submitted. ru~t~~c FIEARINGIREZONING IRECONSIDERATIONI• Application of Greg Adams/Stewart Construction Inc. to rezone property located at the southwest 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. The applicant was delayed and Chairperson Bird requested to hear the staff report in the interim. Staff Member Hemenway reviewed the rezoning history of the property, including the two former Zoning Advisory Commission meeting results and the directive from the City Council that the request be reheard by the Commission. He noted that the request had been modified in that the area requested to be rezoned was reduced providing a 291-foot buffer along the south property line, the addition of a privacy fence and vegetative screening, and the elimination of all permitted uses from the Heavy Industrial District, except a salvage yard. He noted that screening along the lot line would not be effective because of the grade, and recommended that if approved, screening be placed at the top of the slope. He stated that access for the property would be taken from Old Highway Road where the property reaches the grade level of the road. Greg Adams, representing Wayne Stewart, distributed an informational packet to the Commission. He reviewed photos of the site included with the packet. He indicated that the proposed screening fence would be located at the top of the slope rather than along the property line. He stated that Mr. Stewart would be willing to eliminate all permitted uses from the Heavy Industrial district, other than a salvage yard. Minutes -Zoning Advisory Commission January 3, 2007 Page 2 Diane Brehm, 12458 Cottingham Road, distributed photos to the Commission. She reviewed the photos, noting concerns with the proximity of the Heavy Industrial activity to her property, which she said is zoned County R-1. She asked staff to clarify the proposed building height and the location of the screening fence. She stated that she is opposed to the rezoning. She said it is not appropriate to mix residentially zoned property with a salvage yard. Chairperson Bird asked how far Mrs. Brehm's residence was from the subject property. She stated it was approximately half a mile, located across Cottingham Road. Steve Rodham, owner of Addaco Pallet Company, stated that he is an adjacent property owner, and that he supports the proposed rezoning. He said that there is compatibility between his property and the proposed industrial development on the Stewart property. Mr. Adams stated that the surrounding property is primarily commercial or industrial -with the presence of a pallet company, a tank farm, railroad and other industrial uses. He said that the addition of a 12.5 acre salvage yard would not substantially change the land use in the area, and would not be highly visible from the surrounding properties. Commissioner Stiles noted concerns with potential noise generated by a salvage yard. Mr. Adams stated that he felt the salvage yard may not generate noise in excess of what many light industrial users would. Commissioner Bichell asked about the drainage from the site and its proximity to the creek. He noted concerns with protecting the adjacent drainage from surface and ground water pollutants. Staff Member Hemenway reviewed the conditions proposed to be placed on the property and reminded the Commission that the LI property south of the proposed rezoning would still be eligible for storage of equipment associated with the salvage yard. Commissioner Bichell asked for clarification as to the location of adjacent residences. Staff Hemenway discussed the location of residences on both sides of Old Highway Road. Commission Bichell stated that he is still opposed to the rezoning because he felt heavy industrial use is not appropriate next to residential use. He said that the salvage yard would potentially create an excessive amount of noise. Commissioner Stiles said he believed that the applicant had responded to the Commission's concerns by reducing the area to be rezoned, providing screening and limiting uses. Commissioner Smith said that if the conditions discussed by the Commission were put in place, he would support the request. Commissioner Christ agreed, stating that the conditions were appropriate. i ~ Minutes -Zoning Advisory Commission January 3, 2007 Page 3 Chairperson Bird reviewed the uses allowed on the existing LI zoned property. He said that he did not think many of the uses were appropriate directly adjacent to residentially zoned property. He said that he did not feel that property next to an LI district was likely to develop for residential uses. He said he was not comfortable listing just one use in the Heavy Industrial district. Commissioner Bichell reiterated his concerns regarding the potential impact of a salvage yard on the environment, and the potential for excessive noise and visual blight that could be generated by the proposed use. Chairperson Bird discussed possible conditions placed on the property, and Commissioners discussed creating a buffer zone along the south property line where the use could be limited to open space. Mr. Adams expressed concerns regarding the potential loss of all the light industrial uses on the south 291 feet of the property if a salvage yard does not locate on the 12.5 acre heavy industrial area. He said the southern portion of the property is primarily wooded hillside and not likely to be developed. Mr. Stewart agreed with this assessment. Commissioners discussed the potential for development of the buffer zone, and the restrictive nature of limiting the operation to just one heavy industrial use. The Commission decided to place the following conditions on the operation: 1) That the allowed uses on the HI Heavy Industrial property be limited to those of the LI Light Industrial district and junk yards and salvage yards. 2) That the maximum building height on the HI Heavy Industrial property be limited to twenty (20) feet. 3) That hours of operation of a junk or salvage facility be limited to 6 a.m. to 6 p.m. weekdays, 6 a.m. to noon on Saturday, and closed on Sunday. 4) That an eight (8) foot high chain line fence with slats be constructed on top of a five (5) foot high berm, fifteen (15) feet wide at the top, located at the top of the slope on the HI Heavy Industrial property's south end. In addition, pine trees must be planted on the south side of the screening fence spaced twenty (20) feet apart. 5) That uses permitted in the buffer zone (the 291 foot wide area between the south property line and the south HI Heavy Industrial district boundary line) be limited to open space if a salvage yard is located on the HI Heavy Industrial property. If a salvage yard is not located on the HI Heavy Industrial property, the buffer area can be developed for any of the uses permitted in the LI light Industrial district. Motion by Christ, seconded by Smith, to approve the conditions. Motion was approved by the following vote: Aye -Smith, Christ, Bichell, Stiles and Bird; Nay -None. Minutes -Zoning Advisory Commission January 3, 2007 Page 4 Motion by Christ, seconded by Stiles, to approve the rezoning request with conditions. Motion was approved by the following vote: Aye -Smith, Christ, Stiles, and Bird; Nay - Bichell. ACTION ITEMICOMPREHENSIVE PLAN UPDATE: Review/Comment on Comprehensive Plan Update: Land Use, Transportation, Environmental, Infrastructure, Economic Development and the Future Land Use Map. Staff Member Laura Carstens outlined the five elements that were selected for Commission review. She solicited comments from Commissioners. She said that any additional comments that the Commissioners have could be submitted to Planning staff. Commissioner Bichell had questions regarding the Land Use and Urban Design goals, expressing concerns with environmental protection and urban sprawl. Commissioner Smith expressed concerns about regulations regarding bluff top protection. He said that new code restrictions would limit private property owner's ability to develop their property as they saw fit. Staff Member Carstens discussed the balance between protecting the community and the environment with still respecting private property rights. Commission consensus was to recommend rewording Objective 4.7 in the Land Use and Urban Design Element to replace "protect" with "promote open space on." Staff Member Carstens discussed the 2030 Future Land Use Map provided for the Commission. She discussed the land use classifications and the spatial distribution of recommended land uses. She discussed county and fringe development. She noted that Commissioners have additional opportunities to provide input on the Comprehensive Plan Elements and Future Land Use Map through a display at the Public Library through January 17~n ADJOURNMENT: The meeting adjourned at 8:00 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted