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MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
6:00 p.m.
Wednesday, April 2, 2014
City Council Chamber
350 W. 6th Street, Dubuque, Iowa
PRESENT: Chairperson Patrick Norton; Commissioners Stephen Hardie, Martha Christ,
Tom Henschel and Michael Belmont; Staff Members Guy Hemenway and
Kyle Kritz.
ABSENT: None.
CALL TO ORDER: The meeting was called to order at 6:00 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 February 5, 2014 and March 5, 2014 meetings were
approved unanimously as submitted.
ACTION ITEMISIMPLE SUBDIVISION: Application of Laura Jelinske, 11832 Lorelei Lane,
for approval of a Plat of Survey, Lot 1 and 2 of Jelinske Addition, Dubuque County.
Chairperson Norton excused himself from the table.
Jim Jelinske, 11832 Lorelei Lane, said that he would like to sell 23 acres of his existing lot
to a neighboring property owner.
Staff Member Kritz noted that the request was to split a 40 -acre parcel into two Tots. He
said that the existing lot does not have frontage on a public or private street and, therefore,
neither of the two new lots will have frontage. He said that there are no plans for
development of Lot 2 for residential purposes.
Commission members discussed the request and felt it was appropriate.
Motion by Belmont, seconded by Christ, to approve the plat of Survey of Lot 1 and 2 of
Jelinske Addition, Dubuque County, subject to waiving the lot frontage requirements for
Lots 1 and 2. Motion carried by the following vote: Aye — Hardie, Christ, Henschel and
Belmont; Nay — None; Abstain — Norton.
Minutes — Zoning Advisory Commission
April 2, 2014
Page 2
ACTION ITEM/REZONING: Application of the Sisters of Charity, BVM/The Lakota Group
to rezone property located at 1100 Mount Carmel Drive from R-1 Single -Family Residential
to PUD Planned Unit Development.
Sister Teresa Hadro, 2827 Pinard Street, stated that she is president of the Sisters of
Charity BVM. She outlined her request for the Commission noting that, although the
Sisters have no immediate development plans, they would like to ensure that their property
is developed following the BVM's philosophy regarding land stewardship. She noted the
steady decline of the facility's resident population. She discussed the structure of the
facility, including the areas devoted to assisted living, congregational offices, out buildings,
the cemetery and the Roberta Kuhn Center. She said that the cemetery would not be
included in the PUD. She said the Sisters want to continue to be good neighbors and
stewards of the property. She introduced Dave Grove and Rebecca Hurley of the Lakota
Group.
Mr. Grove conducted a PowerPoint presentation outlining the existing campus layout,
planned uses and preservation of the natural features. He discussed the lengthy planning
process undertaken by the Sisters highlighting the measures taken to ensure the neighbors
were included. He provided a matrix comparing permitted and conditional uses in the R-1,
R-4, ID and the proposed PUD District and compared bulk standards established in each
district. He noted the extensive landscape buffers located on the north and west sides of
the property. He discussed the woodland preservation and landscape measures proposed
for the property and outlined the proposed sign regulations.
No one spoke in opposition to the request.
Staff Member Kritz discussed the PUD planning process noting that the proposed uses and
bulk standards have been well thought through. He said that this is a good attempt at
insuring adaptive re -use of this large and unique acreage. He noted that the property is
currently under common ownership similar to colleges and hospitals.
Staff Member Kritz discussed the Fire Code preemption issues, noting that staff would
prefer that Fire Code issues be handled through the International Building and Fire Codes
and not through the PUD. He noted that extension of the public streets could not be
approved without review by the Engineering Department to insure all current street
standards were met. He said that the bike parking requirements should simply reference
standards established in the Unified Development Code. He also recommended that the
landscaping requirements reference those established in the UDC. He said there was no
need to require balled and burlapped trees.
Staff Member Kritz noted that, in Institutional Districts when significant on -campus
expansions occur, the Commission has the ability to review them as an amendment to the
district. He said this may be one measure the Commission may consider requiring to
Minutes — Zoning Advisory Commission
April 2, 2014
Page 3
insure that the impact that future development has on the surrounding residential property,
and on traffic volumes and street access, is considered.
Commissioner Belmont asked about the need for fire protection language in the PUD.
Chairperson Norton asked Mr. Grove if the Sisters were amenable to adopting the staffs
recommendations for the PUD ordinance. Mr. Grove said the Sisters were amenable to all
but the condition that future development requires further Commission review.
Commissioner Hardie said that the proposed PUD represented a very well thought out
framework, but that it lacked the details necessary for the Commission to render an
informed decision. He said that, as there is no concept plan included with the PUD, details
on how infrastructure may be extended to the site are lacking. He said he would be more
comfortable if the Commission were afforded the ability to review future development. He
said that one of his primary concerns is the possible need for a secondary access to the
property. He likened the current PUD to a blank check and said he would like the
Commission to exert more control over future development of the site.
Commissioner Henschel agreed, stating that he shared Commissioner Hardie's concerns
regarding the uncertainty of how the property could be developed and the potential
impacts.
Commissioner Belmont noted that the design and landscape guidelines were very detailed.
Chairperson Norton asked if the Commission would review a plat of the property. Staff
Member Kritz said that the Commission would only review a plat if the property were to be
subdivided.
Mr. Grove said that the Sisters expressed concerns regarding their ability to insure that
future development reflected the planning framework they established. He said that they
would like to be able to exercise control over the property as it develops. He said that they
would rather restrict the number and type of uses than require that further development
require an amendment to the district.
Mr. Grove, staff and the Commission discussed traffic and access issues, including the
need for secondary access. Commissioner Hardie again expressed his concerns with the
Commission's lack of control over future development and with a PUD that lacks a master
plan.
Staff Member Kritz discussed traffic analysis along South Grandview Avenue, offering a
compromise whereby traffic generation data could be used to determine a threshold for
future review by the Commission.
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April 2, 2014
Page 4
Commissioner Belmont asked if there was a set threshold for traffic volumes on Grandview
Avenue. Staff Member Kritz said there was not.
Commissioner Christ expressed concerns with the lack of detail in the plan. She said she
felt the Commission needs the ability to review future development of the property. She
said that the plan is somewhat of a blank canvas.
The Commission took a 5 minute recess.
Sister Hadro said that the Sisters would like to retain flexibility in their development options
and she noted that they have been good stewards of the land for over 124 years. She
asked the Commission to table their request to enable them to evaluate their options.
Motion by Belmont, seconded by Hardie, to table the rezoning request. Motion carried by
the following vote: Aye — Hardie, Christ, Henschel, Norton, and Belmont; Nay — None.
PUBLIC HEARING/TEXT AMENDMENT: Application of the City of Dubuque for approval
of a text amendment to amend Section 16-11-7 of the Unified Development Code to add
Fringe Area Development Standards.
Staff Member Kritz discussed the existing policy regarding fringe area development
standards. He noted that the request is to codify the requirement that subdividers must
comply with rules for new subdivisions within two -miles of the corporate limits. Staff
member Kritz indicated that a pre -annexation agreement will be required that stipulates
when the corporate limits are adjacent to the property they will annex. As part of the
agreement the City will abate a portion of the property taxes on a sliding scale over ten
years.
He discussed state law and the right it affords municipalities to regulate fringe areas. He
discussed the rationale for the requirement, noting that cities have a vested interest in
reviewing proposed street and development patterns and in ensuring logical extension of
utilities. He said that the proposed amendment would codify what is currently a policy.
Commissioners discussed the request and felt it was appropriate.
Motion by Hardie, seconded by Christ, to approve an amendment to Section 16-11-7 of the
Unified Development Code to add Fringe Area Development Standards. Motion carried by
the following vote: Aye — Hardie, Christ, Henschel, and Belmont; Nay — Norton.
PUBLIC HEARING/TEST AMENDMENT: Application of the City of Dubuque for approval
of a text amendment to amend Section 16-11-2 of the Unified Development Code to
reference Iowa Code Section 354.9 and Two -Mile Extra Jurisdictional Subdivision Review
Authority.
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April 2, 2014
Page 5
Kyle Kritz, Associate Planner, reviewed the requested text amendment explaining that the
language change will explicitly reference state code Section 354.9 in the Unified
Development Code. He noted that Section 354.9 of the Iowa Code specifically allows
municipalities to exert control over subdivisions within its boundaries and within two -miles
of the city limits.
Commissioners discussed the request and felt it was appropriate.
Motion by Henschel, seconded by Christ, to approve an amendment to Section 16-11-2 of
the Unified Development Code to reference Iowa Code Section 354.9 and Two -Mile Extra
Jurisdictional Subdivision Review Authority. Motion carried by the following vote: Aye —
Hardie, Christ, Henschel, Norton, and Belmont; Nay — None.
ADJOURNMENT: The meeting adjourned at 7:30 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted