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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. Minutes -Zoning Advisory Commission 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 Minutes -Zoning Advisory Commission 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 Minutes -Zoning Advisory Commission 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 Minutes -Zoning Advisory Commission 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. Minutes -Zoning Advisory Commission 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