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Minutes Zoning Advisory Comm 2 7 07MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, February 7, 2007 6:30 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa as ~ ~,, ~~ n~ a '~ ' K , E ~. T.; ,,% ~ rr, C' PRESENT: Vice Chairperson Jeff Stiles; Commissioners Ron Smith, Stephen Hardie, and Martha Christ; Staff Members Guy Hemenway and Kyle Kritz. ABSENT: Chairperson Eugene Bird, Jr., Commissioners Ken Bichell and Dick Schiltz. CALL TO ORDER: The meeting was called to order 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 January 3, 2007 meeting were approved unanimously as submitted. ACTION ITEMIPRELIMINARY PLAT OF SILVER OAK ESTATES: Application of Royal Oaks Development, Inc.for approval of the Preliminary Plat of Silver Oak Estates located at 8506 Elmwood Drive. Dave Kelchen, 505 15t St., Farley, IA, stated he represents Royal Oaks Development. He said that Royal Oak's intent is to create a 72-lot subdivision with septic systems and wells. Staff Member Kritz discussed the lot configuration for Phase 1 of the subdivision. He said that the streets within the subdivision will be private with a single access to Elmwood Drive. He said that the subdivision is located in a secondary growth area and that the Comprehensive Plan called for this area to be developed as rural density residential. He said that the roadway will meet the 26-foot minimum standard for private streets and that the plat provides for easements necessary for possible future extension of City water and sewer. Staff Member Kritz expressed concerns with the single access to this site, noting that currently this area has 90 lots platted with 57 homes built. He said that the proposed subdivision will add 72 new lots for a total of 162 lots all served by a single access. He discussed the County review process, noting that the County now prefers that the City review the plat prior to any County action. He said if the Commission does approve the plat, it must waive the City's maximum cul-de-sac length, lot frontage for Lot 14 and thru-lot restrictions for Lots 2, 3 and 31-37. He stated that access to Metcalf Lane for Lots 31-37 would in all likelihood be restricted because it is a private drive. Minutes -Zoning Advisory Commission February 7, 2007 Page 2 Commissioner Hardie asked if the subdivision will provide any park or open space. Staff Member Kritz noted that the City tries to encourage provision of park area and open space; however, the subject subdivision is a large lot development and there will be a lot of green space associated with the residential lots. Commissioners discussed the subdivision and decided to approve the subdivision plat with conditions. Motion by Hardie, seconded by Christ, to approve the preliminary plat of Silver Oaks Estates subject to: 1) Waiving lot frontage requirements for Lot 14, double frontage for Lots 2 and 3 and Lots 31-37, 2) Waiving the Engineering cul-de-sac standard; 3) Waiving Article IV, Design Improvement Standards, exceptfor Section 42-19 Blocks and Lots; and 4) Requesting that Planning staff forward a separate communication to the County Board of Supervisors encouraging the County to work with the applicant to identify a secondary emergency access to this area. Motion carried by the following vote: Aye -Smith, Hardie, Christ and Stiles; Nay -None. PUBLIC HEARINGI AMEND PUD: Application of Ron Klein, Klein Construction Co. to amend the PUD Planned Unit Development District to allow 42 two-unit townhouses with revised access and setbacks for property located along Tanzanite Drive (Lot F of Emerald Acres No. 4). Ron Klein, Sherrill, Iowa, stated that he is the developer of the project, and he would like to place 21 duplexes or 42 units on the property. He said that the lots will be reconfigured so as to reduce the number of access points to Tanzanite Drive. Barb and Paul Horsfall, 575 Sapphire Circle, spoke in opposition to the request. They expressed concerns with density and s#ated that the property will be substandard in lot size and setbacks. They said they feel this development will increase runoff problems in the neighborhood. They stated that the Roosevelt Road water project has been delayed and that low water pressure will continue to bean issue in this neighborhood. They also stated they were concerned with fire safety, increase in traffic, and lack of green space or park area for this development. Paul and Deborah Herberger, 591 Sapphire Circle, spoke in opposition to the request. They expressed concerns with low water pressure, additional runoff and the steepness of the property because of the elevation change between Sapphire Circle and Tanzanite Drive. They said that fire safety and lack of green space are also concerns. Minutes -Zoning Advisory Commission February 7, 2007 Page 3 Dan Bublitz, 635 Sapphire Circle, spoke in opposition to the request. He said that the site did not have enough permeable area and that parking would spill over into the street, creating parking problems. He said that he felt the development posed a fire safety threat and was too dense. Shawn and Pam Beversdorf, 567 Sapphire Circle, spoke in opposition to the request, stating that they agreed with the concerns expressed by their neighbors. Ray and Theresa Behnke, spoke in opposition to the request. They stated that parking would be an issue as it would spill over onto the adjacent streets and disrupt snow removal. They said they felt the development was too dense. Cathy Triervieler, 580 Sapphire Circle, spoke in opposition to the request. Nathan Boyes said that he owned Lot 17 adjacent to the development. He spoke in favor of the request. He said that the number of driveways would be reduced and that the redesign looks more uniform that the former design. He said that the request represents a slight increase in density. Ron Klein stated that the structures would be two-bedroom townhouses, and therefore, generate little traffic. He said he would consider working on the layout to satisfy some of the concerns expressed by the neighbors. He said he would add fire hydrants to address fire safety issues. He said that the buildings would have brick facades and would be attractive. Staff Member Kritz discussed the PUD process and lot layout. He reviewed the property history including the former rezoning request. He said that at a previous rezoning the Commission eliminated the R-3 option for the property. He said the number of driveway accesses would be reduced from ten to six. He said that Tanzanite Drive had been built to collector street standards- and would be able to accommodate additional traffic. He stated that the Fire Marshal did not express concerns with the site layout. He recommended that, if approved, a site plan for the entire project be required. He said this would enable staff to review issues regarding storm water management and street access. Vice Chairperson Stiles asked about snow removal for the area. Staff Member Kritz stated that each unit will have four off-street parking spaces, which will exceed the amount required by the Ordinance. He discussed the locations of proposed fire hydrants at the top of the access drives. Commissioner Smith asked if storm water must be piped. Staff Member Kritz stated that storm water would have to be properly conveyed and would be reviewed as part of a site plan. He stated that 51 % of the site is non-permeable. Minutes -Zoning Advisory Commission February 7, 2007 Page 4 Commissioners discussed topography and density issues. Commissioner Smith expressed concerns with the increase in density and severe topography. He said that Tanzanite Drive is already a busy street. Commissioner Hardie concurred. He said he felt this development is way too intense for the area in which it is located. Vice Chairperson Stiles expressed concerns with the substandard water pressure and the density. Commissioner Christ agreed. Motion by Christ, seconded by Smith, to approve the amended PUD as submitted. Motion was denied by the following vote: Aye -None; Nay -Smith, Hardie, Christ and Stiles. PUBLIC HEARINGI TEXT AMENDMENT: Application of the City of Dubuque to amend Section 42-24(a) Improvement Guarantees of the City of Dubuque Subdivision Regulations. Staff Member Kritz discussed bonding for public improvements, and stated that currently the burden is placed upon the developer. He said that developers have requested that once the street is completed and inspected, that the bonding be reduced from 110% to 25%. Commissioners agreed this was appropriate. Motion by Christ, seconded by Smith, to approve the amended Section 42-24(a) regarding improvement guarantees of the City of Dubuque Subdivision Regulations. Motion carried by the following vote: Aye -Smith, Hardie, Christ and Stiles; Nay -- None. ITEMS FROM PUBLIC: None. ITEMS FROM COMMISSION: Vice Chairperson Stiles discussed City Council reconsideration for Stewart Construction's HI rezoning request off Old Highway Road. He said the reconsideration was to increase the permitted building height from 20 to 35 feet. ITEMS FROM STAFF: Survey for Unified Development Code: Commissioner Hardie submitted his comments for from the Unified Development Code survey. Staff Member Kritz asked the other Commissioners to send their completed surveys to the Planning Services Department. ADJOURNMENT: The meeting adjourned at 7:40 p.m Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted