Minutes Zoning Advisory 3 7 07MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
Wedneday, March 7, 2007
6:30 p.m.
Majestic Room, Five Flags Civic Center
4th & Main Streets, Dubuque, Iowa
PRESENT: Vice Chairperson Jeff Stiles; Commissioners Ron Smith, Stephen Hardie and
Ken Bichell; Staff Members Guy Hemenway and Kyle Kritz.
ABSENT: Chairperson Eugene Bird, Jr., Commissioners Martha Christ and Dick
Schultz.
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 7, 2007 Zoning Advisory Commission meeting
were approved unanimously as submitted.
ACTION ITEMISITE PLAN REVIEW: Application of Straka Johnson Architects, PC/Kevin
Barber for approval of the site plan for new dental office on Lake Ridge Drive.
The applicant was not in attendance during the initial discussion.
Staff Member Kritz stated that the Zoning Advisory Commission and City Council are to
review all site plans for new developments within the Lake Ridge Plaza PUD. He
discussed the lot configuration, the proposed dual access, traffic status, landscaping,
elevations and building height. He said the site plan was compliant with all pertinent City
regulations.
Commissioner Hardie questioned the need for a secondary access from the site onto
Starlite Drive. Staff Member Kritz stated that East Dubuque Savings Bank had a second
access but the Sterrett Medical Clinic did not. Commissioner Hardie said he felt that
access should be allowed only to Lake Ridge Drive for all development within this PUD.
He said there is a risk that a second access to Starlite could be used as a cut-thru.
Vice Chairperson Stiles concurred with Commissioner Hardie's concern regarding a
second access. Staff Member Kritz stated that Commissioners had the ability to make
approval subject to elimination of the second access to Starlite Drive. Commissioners
agreed that the second access should be eliminated, because it could encourage other
developments to ask for curb cuts, and this could adversely impact homeowners on
Starlite.
Motion by Hardie, seconded by Smith, to approve the site plan, eliminating the second
access onto Starlite Drive. Motion carried by the following vote: Aye -Smith, Hardie
Bichell and Stiles; Nay -None.
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March 7, 2007
Page 2
Subsequently, the applicant arrived at the meeting. Marty Johnson, Straka Johnson
Architects, representing Dr. McCoy, asked the Commission to reconsider their original site
plan approval that eliminated the secondary access to Starlite Drive.
Motion by Hardie, seconded by Smith, to reconsider the project site plan. Motion carried
by the following vote: Aye -Smith, Hardie Bichell and Stiles; Nay -None.
Mr. Johnson discussed the property history and building layout. He said that the building
was designed to be two levels to improve visibility to Starlite Drive and that a secondary
access was needed. Commissioner Hardie said that Lake Ridge Drive is the logical access
for the entire development. He said that a second access may create scut-thru and that it
is not necessary because of the low levels of traffic generated by a dental clinic.
Motion by Stiles, seconded by Smith, to approve the site plan with the condition that the
secondary access to Starlite Drive be eliminated. Motion carried by the following vote: Aye
- Smith, Hardie Bichell and Stiles; Nay -None.
PUBLIC HEARINGIREZONINGITRI STATE DEVELOPMENT LLC: Application of Tri
State Development LLC to rezone property located on Seippel Court from CS Commercial
Service & Wholesale District to LI Light Industrial District.
Brian Lammers stated that he represented Tri-State Development. He reviewed his
request to rezone the property. He discussed the proposed uses for the property, stating
that he intended to lease the property to a business that fabricates motorcycles. He said
light industrial zoning was required for this business. He discussed the surrounding zoning
and land use.
Diane Brehm, 12458 Cottingham Road, said she is an adjacent property owner and that
she is opposed to the rezoning. She stated that to place industrial uses directly adjacent to
existing county residential property is not appropriate. She said that the property should
remain CS to serve as a buffer to her property.
Kevin Kotz, 14957 Old Highway Road, reviewed the 2002 Zoning Advisory Commission
meeting regarding rezoning of the subject property and surrounding properties. He stated
that the neighbors along Old Highway Road worked with the property owner, Wayne
Stewart, to develop a mutually agreeable zoning scheme. He said the neighbors were
assured that the R-2 property would remain as a buffer, and that the CS district would not
be altered. He said the property should remain as CS.
Brian Lammers stated that he was not involved with the property at the time of its original
rezoning.
Staff Member Hemenway reviewed the staff report, discussing the surrounding zoning and
land use. He discussed the location of the access road, surrounding roadways, the uses
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March 7, 2007
Page 3
permitted in a LI Light Industrial District and the distinction between processing and
assembly and manufacturing.
Commissioners discussed the location of the subject property, the surrounding land use
and whether conditions in the area had changed to the degree that would warrant the
rezoning. Commissioners noted that the subject lot, because it is higher than its
surroundings, is visible from adjacent properties. Commissioners said they felt that the
rezoning was not appropriate.
Motion by Smith, seconded by Hardie, to approve the rezoning as submitted. Motion was
denied by the following vote: Aye -None; Nay -Smith, Hardie, Bichell and Stiles.
PUBLIC HEARINGIREZONINGISWEENEY: Application of Betty Sweeney to rezone
property located on 2551 Rockdale Road from R-1 Single-Family Residential District to C-3
General Commercial District.
Betty Sweeney reviewed her request with the Commission. She said that fencing and
landscaping would be provided to screen the adjacent property. She said that the area
was more appropriate for commercial, not residential, development.
Charles Bregman, 2611 Rockdale Road, asked that staff review the uses permitted in a C-
3 District. Staff provided a copy of the C-3 regulations to Mr. Bregman. Mr. Bregman
stated that he felt many of the uses permitted in C-3 were too intense for the location. He
said that farm implement sales is also too intense a use for this site.
Patrick Leonard, 2595 Rockdale Road, stated that he is the owner of Leonard Funeral
Home. He discussed the conditional use granted for his business. He said his business is
located in an R-1 District, and that he did not feel that the uses permitted in a C-3 District
are compatible with his funeral home. He said that the subject property is a small parcel
that is not conducive to commercial development.
Rod Tschiggfrie stated he represented T-Corp. He said T-Corp was the property owner to
the north of the Sweeney's, and that the property is actually zoned commercial. He
reviewed existing land use in the area, noting that a large percentage of the surrounding
property has been commercially developed.
Staff Member Hemenway discussed the surrounding zoning, land use and recent changes
in the area. Staff Member Kritz discussed the original rezoning for the area. He said that,
although the area was a planned development when annexed into the city, a portion of the
T-Corp property had subsequently been rezoned to R-1.
Commissioners discussed the existing land uses along Rockdale Road, the surrounding
zoning and the uses permitted in a C-3 District. Commissioners felt that rezoning the
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March 7, 2007
Page 4
subject lot, being directly adjacent to residential development on three sides, was not be
appropriate because of the intense uses permitted in a C-3 District.
Motion by Hardie, seconded by Smith, to approve the rezoning as submitted. Motion was
denied by the following vote: Aye -None; Nay -Smith, Hardie Bichell and Stiles.
PUBLIC HEARINGIREZONINGIUNIVERSITY OF DUBUQUE: Application of Keith
Wipperfurth, University of Dubuque to amend the University of Dubuque ID Institutional
District to allow for construction of the new Chlapaty Recreation and Wellness Center
located on the McCormick Street Extension.
Jim Steiner, Vice President of Finance for University of Dubuque, discussed the rezoning
and submitted materials. He stated that the University had held two open houses and sent
invitations to 180 surrounding property owners. He said the neighbors' main concern was
storm water management. He discussed the building floor plan, facility services, and the
proposed general upgrade to the stadium. He said that the wellness center would be a
masonry building. He noted that the screening would include shrubbery, which would be
installed along the property line. He reviewed the.location of the access road, stating that it
had shifted away from the adjacent neighbor's property which will require reconstruction of
the tennis courts. He reviewed the process for design of the storm water detention area.
He said that an engineering consultant had been secured and that they were working
closely with the City Engineering Department.
Mike Larkin, 224 Princeton Place, stated he is concerned with storm water runoff, including
on-site detention and downstream conveyance. He said he is concerned that the detention
basin design may prove inadequate and have a negative impact on his property. He said
that his property is periodically flooded. He stated that he would like to see adequate
screening between his property and the development. He said that creating a storm water
detention basin, as proposed, will require the removal of four 50-foot tall trees on the
University's property. He said that the development will increase the volume of storm water
runoff to the area.
Mr. Steiner said that during the design phase of the project comprehensive storm water
management and screening will be addressed.
Staff Member Kritz discussed the project, including the proposal to refurbish Chalmer's
Field. He stated that the University, in response to neighbors concerns, has relocated the
access drive. He discussed the photos submitted by Mr. Larkin showing the flooding of his
property in 1993 and 1994. He stated that the City and the University will need to study
downstream storm sewer capacity. He said the runoff from the site will be increased
because there will be approximately 8-10% more impervious area. He discussed detention
basin design and capacity. He said that recently the City has enacted an erosion and
sediment control permit process that includes conducting on-site inspections. He said that
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March 7, 2007
Page 5
the ID ordinance amendment regarding the University's proposal discussed storm water
management.
Vice Chairperson Stiles asked if the development of the soccer field had increased runoff
to the area. Staff Member Kritz stated that the soccer field was located somewhat
downstream and was .a permeable area. Commissioner Smith asked if a storm water
management plan should be required prior to excavation of the development in an effort to
contain sediment during construction. Staff Member Kritz stated that he felt a berm or
sediment pond would be built initially to control erosion. He said that he could work with
the Engineering Department to include language regarding storm water management and
erosion control during the initiation of the construction process.
Commissioner Hardie asked if it would be advisable to fence the detention area.
Commissioners discussed the pros and cons of fencing detention areas. Commissioner
Smith said that he felt detention design and fencing requirements would be something that
the University would work out with their engineers. Commissioner Hardie offered an
amendment to require fencing around the detention base. There was no second.
The Commission discussed the request, noting that the proposed alignment of the access
drive will be less intrusive to residents on Princeton Place. They directed staff to address
storm water and erosion control at the outset of construction of the new center.
Motion by Smith, seconded by Hardie, to approve the site plan and to add more concise
language regarding storm water management and erosion control during construction.
Motion carried by the following vote: Aye -Smith, Hardie, Bichell and Stiles; Nay -None.
Commissioner Hardie stated he felt the University had undertaken a great project and that
he was confident that it would be done well based on the University's past performance.
Vice Chairperson Stiles commended the University for working closely with the neighbors
in designing a great project.
Motion by Smith, seconded by Hardie, to approve the amendment to the University's
Institutional District. Motion carried by the following vote: Aye -Smith, Hardie Bichell and
Stiles ;Nay -None.
ITEMS FROM PUBLIC: Nathan Boyes, representing Ron Klein of Klein Construction,
asked the Commission to reconsider a previous rezoning request that was denied. He
stated that the site layout has been redesigned, reducing the number of units and
increasing the size of each unit. He said the redesign would match the original density
approved for the site. The Commissioners discussed the request and felt that a public
hearing was necessary.
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March 7, 2007
Page 6
Motion by Stiles, seconded by Smith, to table the request and to reconsider at the May 2,
2007 meeting. Motion carried by the following vote: Aye -Smith, Hardie, Bichell and
Stiles; Nay -None.
ADJOURNMENT: The meeting adjourned at 8:10 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted