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Minutes Zoning Advisory Board 4 4 07f~E~~~l~,/E~ 07 APR ! ! AM 7~ 47 City C.IGI r~'S di~ICe Dubuque, !A MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, April 4, 2007 6:30 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa ~~ ~~~ `~ PRESENT: Chairperson Eugene Bird Jr.; Commissioners Ron Smith, Martha Christ, Dick Schiltz and Jeff Stiles; Staff Members Guy Hemenway and Kyle Kritz. ABSENT: Commissioners Steven Hardie and Ken Bichell. 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 March 7, 2007 meeting were approved as submitted. ACTION ITEMIFINAL PLAT: Application of Weber Surveying, LLC for approval of the Final Plat of Lot 1-1 and 2-1 of Miller Place located along Highway 61/151 in Dubuque County. Larry McDermott, 14407 Highway 20 West, stated that he is requesting to rezone property in the County to develop a bulk fuel storage facility. He stated that he has already received the proper zoning through the County Board of Supervisors. Staff Member Kritz stated that because the McDermott property is located within two miles of the City, there is joint City/County review of the final plat. He said the property is located just west of the Highway 61 /1.51 intersection and access to the property will be taken from a private street. He noted that the property is located in a secondary growth area. Staff and Commissioners discussed City privatestreet standards. Staff Member Kritz stated that the applicant is asking to waive these standards. Chairperson Bird asked if the street would be continued or if it would terminate at the McDermott properly. Staff Member Kritz stated that the street would not be a through street. Commissioners discussed the request and felt it was appropriate. Motion by Schiltz, seconded by Stiles, to approve the Final Plat of Lot 1-1 and 2-1 of Miller Place with the following conditions: 1) That street width be 24 feet; 2) that the cul-de-sac have 37%Z feet of pavement; and 3) that Article IV Design Improvement Standards except Section 42-19 Blocks and Lots be waived. Motion carried by the following vote: Aye - Smith, Christ, Schiltz, Stiles and Bird; Nay -None. Minutes -Zoning Advisory Commission Wednesday, April 4, 2007 Page 2 PUBLIC HEARING\REZONING\FINCH: Application of Alex Finch/John Finch to rezone property located at 827 Garfield Avenue from R-2A Two-Family Residential District to R-3 Moderate Density Multi-Family Residential District. Alex Finch, 827 Garfield Avenue, reviewed his request with the Commission. He stated that he would like to rezone the property so that he can join the garage and duplex and create an additional unit. He said that it is necessary to have R-3 zoning to be permitted to convert the structures into athree-plex. Staff Member Hemenway reviewed the staff report noting the adjacent land uses, lot topography and existing structures. He stated that the applicant has a number of options which include a lot split and parking variance to bring the site into compliance with Zoning Ordinance regulations. Commissioners reviewed the request noting the provision for off-street parking for each development alternative. They noted the parcel could be split in two and two duplexes could be built. They noted the parcel is across Garfield Avenue from Hess Brick and an auto repair business. They reviewed the letter of opposition submitted by James Ludescher, 814 Rhomberg Avenue. Commissioners reviewed the surrounding properties and felt that the addition of one unit at this location would have little impact on parking, traffic or overall density. Motion by Stiles, seconded by Smith, to approve the rezoning request as submitted. Motion carried by the following vote: Aye -Smith, Christ, Bird, Schiltz and Stiles; Nay - None. PUBLIC HEARINGIREZONINGILAMMERS: Application of Brian Lammers, Tri-State Development LLC to rezone property located at 8005 Seippel Court from R-2 Two-Family Residential District to CS Commercial Service 8~ Wholesale District. Brian Lammers, 12998 English Mill Road, reviewed his rezoning request with the Commission. He distributed an informational packet to the Commissioners. He stated that existing traffic levels are low. He discussed the recently rezoned heavy industrial property that he said will accommodate Allied Waste and Alter Scrap. He also discussed utilities for the property including the existing water main and the proposed future sanitary sewer extension to the site. Tom Van Tiger, 15085 Old Highway Road, reviewed past rezoning requests for the subject parcel and surrounding properties. He stated concerns with the potential for increased traffic volume and safety. Minutes -Zoning Advisory Commission Wednesday, April 4, 2007 Page 3 Diane Brehm, 12458 Cottingham Road, stated she is opposed to the rezoning for the same reasons as the previous speaker. She stated there should be a more gradual transition between commercial and residential properties. Sandy Welch, 7990 Old Highway Road, spoke in opposition to the request. She expressed concerns with the potential for increased traffic. She stated that there is new residential construction in the area and that the subject lots are bordered by existing single-family homes. Margaret Delaney, 14960 Old Highway Road, spoke in opposition to the request. She felt the rezoning would de-value her property. She also expressed concerns with traffic safety and the need for a stoplight at the intersection. Kevin Kotz, 14957 Old Highway Road, spoke in opposition to the request. He expressed concerns regarding the many changes that have occurred to the surrounding properties since 1999. He said that he feels the Commission should seek to maintain a buffer of residentially zoned property around the existing residential development. Mr. Lammers reviewed the changes to the zoning and to the location of Seippel Court that he has undertaken. He discussed the location of the existing buffer and said that he would maintain the Mason Cate property as a residential buffer for the adjacent neighborhood. Staff Member Hemenway reviewed the staff report noting the characteristics of the property, surrounding zoning and land use and traffic counts for Old Highway and Seippel Roads. He reviewed previous rezonings for the surrounding property and the location of the existing detention basin and utilities. The Commission reviewed past rezonings of the area and noted that the R-2 zoning had been developed as a buffer to the Cate property. Commissioner Schiltz reviewed minutes from the April 1, 2003 meeting asking staff to provide more information and a map of the property. Commissioners discussed the changes that had occurred to the subject property and the adjacent property since 2003. Commissioners expressed concerns with the encroachment of CS property toward adjacent residential properties. Commissioners asked staff to provide copies of minutes and all other information regarding rezonings for the surrounding properties for the past several years. Mr. Kotz stated that, if mailed the information, he would distribute it to the adjacent property owners. Motion by Bird, seconded by Christ, to table this rezoning request. Motion carried by the following vote: Aye -Smith, Christ, Bird, Schiltz and Stiles; Nay -None. Minutes -Zoning Advisory Commission Wednesday, April 4, 2007 Page 4 PUBLIC HEARINGIREZONINGILAMMERS: Application of Brian Lammers, Tri-State Development LLC to rezone property located at 12653 Seippel Road from County R-1 Rural Residential District to City CS Commercial Service 8~ Wholesale District in conjunction with annexation to the City of Dubuque. Brian Lammers requested this item be tabled to the next Commission meeting. Motion by Stiles, seconded by Christ, to table this rezoning request to the May 2, 2007 Zoning Advisory Commission meeting at the applicant's request. Motion approved by the following vote: Aye -Smith, Christ, Stiles, Bird and Schiltz; Nay -None. PUBLIC HEARINGIPLANNED DISTRICTIHORSFIELD: Application of Matt Horsfield, Horsfield Company to amend the Dubuque Industrial Center Planned District to change designation of property from Open Space to Industrial. Staff Member Kritz noted that some notices for the public hearing had not been mailed and asked the Commission to table to the May 2, 2007 meeting to allow staff to renotify property owners. Motion by Christ, seconded by Smith, to table this rezoning request to the May 2, 2007 Zoning Advisory Commission meeting at staff's request. Motion approved by the following vote: Aye -Smith, Christ, Schiltz, Stiles and Bird; Nay -None. PUBLIC HEARINGIREZONINGIKIVLAHAN: Application of Kivlahan Farms LC to rezone property located southwest of the Northwest Arterial/John F. Kennedy Road intersection from AG Agricultural District to R-1 Single-Family Residential District. John Kivlahan, 4229 Wildflower Drive, offered to answer any questions that the Commissioners may have regarding his rezoning request. Staff Member Kritz outlined the staff report noting the location, access and size of the of the subject parcel. He discussed adjacent land use and zoning. He noted that the preliminary plat for the property has been submitted and will be on the Commission's May 2"d meeting agenda. Discussion followed regarding the historic access of the property from J. F. Kennedy Road and possible future access scenarios. Commissioners felt that single- family development is appropriate at this location, noting that multi-family residential is shown on the Comprehensive Plan's Land Use map. Motion by Christ, seconded by Stiles, to approve the rezoning as submitted. Motion carried by the following vote: Aye -Smith, Christ, Schiltz, Stiles and Bird; Nay -None. Minutes -Zoning Advisory Commission Wednesday, April 4, 2007 Page 5 TEXT AMENDMENTICITY OF DUBUQUE: Application of the City of Dubuque to amend Section 3-5.5 of the Zoning Ordinance, Planned Unit Development, Design Standards for "Big Box" Retail uses. Staff Member Kritz reviewed the staff report. He outlined the proposed regulations and discussed the history and the impetus of the design guidelines for "big box" retail uses. He stated that these standards are interim standards and may be modified as part of the Unified Development Code rewrite process. He stated that the Zoning Advisory Commission and the City Council still have flexibility in determining if an application meets the design standards. Commissioners discussed the request and stated that they feel that the regulations are appropriate, help guide developers in terms of what the City wants, and allow some flexibility in meeting the regulations. Motion by Christ, seconded by Smith, to approve the amended standards for "big box" retail, as submitted. Motion carried by the following vote: Aye -Smith, Christ, Schiltz, Stiles and Bird; Nay -None. TEXT AMENDMENTICITY OF DUBUQUE: Application of the City of Dubuque to amend Section 3-5.5 of the Zoning Ordinance, Planned Unit Development, establishing standards for biofuels production facilities. Staff Member Kritz outlined the staff report discussing the impetus for development of the interim standards to regulate potential future biofuels plants within the corporate limits. He stated that although it may be unlikely that the City would see such development, it is best to be prepared for these kinds of facilities. He said that it is important to review and make a recommendation regarding these conditions before the moratorium on development expires on May 1St of this year. Commissioners discussed the amended language and standards for biofuels production facilities and felt that they are appropriate in light of the potential impacts to surrounding property these facilities may create. Motion by Christ, seconded by Smith, to approve the standards for biofuels production facilities as submitted. Motion approved by the following vote: Aye -Smith, Christ, Schiltz, Stiles and Bird; Nay -None. Minutes -Zoning Advisory Commission Wednesday, April 4, 2007 Page 6 ITEMS FROM PUBLIC/2551 ROCKDALE RD: Betty Sweeney, 2551 Rockdale Road, asked the Commission to reconsider the rezoning request for her property. She stated that the Commission had previously recommended denial of her request at their March 7, 2007 meeting. Staff Member Hemenway provided background information regarding Ms. Sweeney's request noting that only four Commission members were present at the March 7 meeting. Motion by Stiles, seconded by Smith, to reconsider Ms. Sweeney's request to rezone the property at 2551 Rockdale Road within 6 months. Motion carried by the following vote: Aye -Smith, Christ, Schiltz, Stiles and Bird; Nay -None. ITEMS FROM PUBLIC/8005 SEIPPEL CT: Brian Lammers asked staff to forward copies of all of the historic information that will be provided to the Commission regarding rezoning of the Seippel Court area. Chairperson Bird asked Mr. Lammers to confer with Planning Services staff regarding this request. ADJOURNMENT: The meeting adjourned at 8:00 p.m. Kyle L. Kritz, Associate Planner Adopted F:\USERS1KmunsonlWPlBoards-CommissionslZAC\Minutes\ZAC minutes 04_04_07.doc