Minutes Zoning Adv 01 02 02 MINUTES
ZONING ADVISORY COMMISSION
Regular ,.C.c.c.c.c.c.c.c.c~s sio n
Wednesday, January 2, 2002
6:30 p.m.
Auditorium, Carnegie Stout Library
360 W. 11th Street, Dubuque, Iowa
PRESENT:
ABSENT:
Chairperson Eugene Bird, Jr., Commissioners Ron Smith, M~a ~rist, Jeff Sti es,
Dick Schlitz and Ben Roush. Staff Members Guy Hemenway an~ Kyle Kritz.
Commissioner Stephen Hardie. :
AFFIDAVIT OF COMPLIANCF- Staff presented an Affidavit of Compliance verifying the meeting
was being held in compliance with Iowa Open Meetings Law.
CALL TO ORDER: The meeting was called to order at 6:30 p.m.
,REVIEW OF MINUTES: The meeting minutes of December 5, 2001 were approved unanimously as
submitted.
Chairperson Bird announced that the final plat for Lots 1 through 6 of Sullivan's Addition and the
MWF Properties Raven Oaks Planned Unit Development rezoning had both been tabled at the
applicants' request.
ACTION ITEM/FINAL PLAT: Application of Roland Clinton/Richard & Patdcia Zahina to approve the
final plat of Lots I and 2 of C and Z Addition, located at 605 and 611 S. Grandview.
The applicant was not in attendance.
Staff Member Kritz stated that this request was a simple lot consolidation, which created two
substandard lots. He said the replat was undertaken to eliminate an encroachment of one of the
residences across a common lot line. He said it also served to correct historically errant plats along
Grandview Avenue. He said no new homes would be built on the newly platted tots.
Motion by Stiles, seconded by Smith, tq approve the final plat waiving the requirement for lot
frontage. Motion was approved by the following vote: Aye - Smith, Christ, Stiles, Schiltz, Roush and
Bird; Nay - None.
ACTION ITEM/FINAL PLAT: Application of James and Anita Sullivan to approve the final plat of Lots
1 through 6 of Sullivan's Addition, located at West 32nd Street, West of Fink Street,
Motion by Schlitz, seconded by Christ, to table this item at the applicant's request. Motion was
approved by the following vote: Aye - Smith, Christ, Stiles, Schiltz, Roush and Bird; Nay - None.
ACTION ITEM/PRELIMINARY PLAT: Application of Marty McNamer for approval of the preliminary
plat of Harvest Business Center, located on Asbury Road east of Resurrection Church.
Minutes - Zoning Advisory Commission
January 2, 2002
Page 2
Marry McNamer, 1199 Hunters Ridge, outlined the preliminary plat of a 7.4-acre parcel next to
Resurrection Church. He said he wants to create a passive commercial development, which will
have covenants to regulate activities next to residential development.
Staff Member Kdtz said that the access would be along a public street with canter islands and a
temporary cul-de-sac. He said the final plat will delineate the final street alignment and the street will
be dedicated to the City.
Chairperson Bird questioned regulation of covenants. Staff Member Kdtz said that the City does not
enforca covenants.
Motion by Schlitz, seconded by Chdst, to approve the preliminary plat of Harvest Business Center as
submitted. Motion was approved by the following vote: Aye - Smith, Christ, Stiles, Schlitz, Roush
and Bird; Nay- None.
ACTION ITEM/SITE PLAN: Application of Dubuque Westend Development, LLC, for site plan
approval of a new 18,000 square foot commercial building, located at 4800 Asbury Road
Jim Kaune, representing IIW Engineering, said that he would answer any questions posed by the
Commission. Staff Member Kdtz said that the commercial building's accass would not be from
Asbury Road. He stated that the City Engineering Department has reviewed and approved the
proposed street configuration.
Commissioner Schiltz asked who was responsible for construction of the center island. Staff Member
Kritz indicated that Westend Development would construct the canter island.
Motion by Schittz, seconded by Chdst, to approve the site plan for Dubuque Westend Development.
Motion was approved by the following vote: Aye - Smith, Christ, Stiles, Schlitz, Roush and Bird; Nay
- None.
PUBLIC HEARINGIREZONING: Application of Scott Potter to rezone property located at 515
Garfield Avenue from R-2A AItemate Two-Family Residential Distdct to OR Offica Residential
District.
Scott Potter reviewed his request with the Commission, noting that the rezoning wilt permit him to
construct a new 19-room single-room occupancy residence that is identical to the existing structure to
the south of the subject proped3j. Mr. Potter indicated that a house, which is currently on the lot, will
be retained and that only the garage along the alley will be torn down.
Staff Member Hemenway reviewed the surrounding land use and zoning. He noted that the subject
parcal is adequate to provide the required parking and green spaca.
The Commission reviewed the previous development adjacent to the subject property.
Motion by Christ, seconded by Roush, to approve the rezoning as submitted. Motion was approved
by the following vote: Aye - Smith, Christ, Stiles, Schlitz, Roush and Bird; Nay - None.
Minutes - Zoning Advisory Commission
January 2, 2002
Page 3
PUBLIC HEARINGIREZONINr~: Application of MWF Properties/Felderman Business Partnership to
rezone property from PUD Planned Unit Development to R-4 Multi-Family Residential District, located
at end of Raven Oaks Drive.
Motion by Stiles, seconded by Smith, to table the rezoning at the applicant's request. Motion was
approved by the following vote: Aye - Smith, Christ, Stiles, Schlitz, Roush and Bird; Nay- None.
PUBUC H~.EARIN... ,G~...~ ON!NG: Application of A.J. Spiegel/Dr. 'l-mqothy Quagliano to amend the
PUD/PC ~annea unr~ uevelopment located at the southwest corner of Asbury Road and Holliday
Drive.
George Murphy, representing A. J. Spiegel, said that he felt that a single access to the development
was adequate. He said he planned to develop a rental business at this location.
Staff Member Kritz said that the request is to amend the existing district, which was established in
1999. He discussed traffic safety and potential for a secondary access, which he stated was
conditioned on the first rezoning. He discussed the development history and zoning status of the
adjacent property. He also discussed Asbury Road's traffic and existing and potential access.
Commissioner Schlitz stated concems with a single access to the development. He said that the
Zoning Advisory Commission had originally approved the rezoning with the condition that a second
access is provided. He said there was a large contingent of objectors at the odginal rezoning. He
stated he has concerns with the outside storage of large equipment adjacent to residential properties.
He said he does not agree with Engineering's contention that a second access is not necessary at
this time. He also reviewed the minutes of the original 1999 Zoning Advisory Commission meeting.
Commissioner Stiles said that the original decision was not unanimous. Chairperson Bird said that
the large commercial lot originally proposed warranted a secondary access. He said that this
development, with the potential for the Pfohl's access to the south, had relieved his concerns
regarding traffic circulation. He stat~l that the Engineering Division feels that traffic should flow
through one signalized intersection at Asbury Road.
Commissioner Stiles questioned the traffic flow from the site. The Commissioners discussed
property layout and access issues. Chairperson Bird said that the rezoning is appropriate because
the proposed rental business is not a high traffic generator, and is located in a depression that can
be easily screened.
Staff Member Kdtz stated that the rental is deemed a business service, and is permitted in this
district.
Commissioner Smith questioned the right-in/right-out access 1,000 feet south of the intersection of
Asbury and the Northwest Artedal approved for the Pfohl property across the highway.
Motion by Stiles, seconded by Chdst, to approve the rezoning as submitted. Motion was approved by
the following vote: Aye - Smith, Chdst, Stiles, Schlitz, Roush and Bird; Nay - None.
TEXT AMENDMENT: Application of the City of Dubuque to amend Section 3-5.5(B) Planned Unit
Minutes-Zoning Advisory Commission
January2,2002
Page 4
Development District.
Staff Member Kritz outlined the staff report, stating that properties on the Port of Dubuque
development will be under separate ownership. He outlined Planned Unit Development
requirements, including the common ownership clause. He said that ownership often changes as
PUDs develop. He said that common ownership is not necessary and may even inhibit certain
development.
Motion by Stiles, seconded by Chdst, to approve the text amendment as submitted. Motion was
approved by the following vote: Aye - Smith, Chdst, Stiles, Schlitz, Roush and Bird; Nay - None.
ADJOURNMENT: The meeting adjoumed at 7:20 p.m.
Respectfully submitted,
Guy Hemenway, Assistant Planner
Adopted