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MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
6:00 p.m.
Wednesday, August 6, 2014
City Council Chamber
350 W. 6th Street, Dubuque, Iowa
PRESENT: Chairperson Patrick Norton; Commissioners Stephen Hardie, Martha Christ,
Tom Henschel and Steve Baumhover.
Staff Members Guy Hemenway and Kyle Kritz.
ABSENT: Commissioner Michael Belmont.
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 July 2, 2014 meeting were approved unanimously as
submitted.
Commissioner Christ noted that she will be absent for the September 3rd Zoning Advisory
Commission meeting.
ACTION ITEM/MINOR FINAL PLAT ROYAL OAKS DEVELOPMENT: Application of
Royal Oaks Development Corp to approve the Final Plat of Miller Place No. 2 located on
Woodgate Drive in Dubuque County (PIN 1523152002).
The applicant was not in attendance.
Staff Member Kritz noted that the subject property is located in Dubuque County within the
City's two-mile jurisdiction and is subject to joint review. He said that the subdivision plat
creates three lots — one without frontage that will be served by a platted easement. He
said that it is not unusual for commercial properties to have reciprocal access agreements.
He said that staff did not have concerns with the access easement and recommended
approval.
Commissioners discussed the request and felt it was appropriate.
Minutes — Zoning Advisory Commission
August 6, 2014
Page 2
Motion by Henschel, seconded by Hardie, to approve the Final Plat of Miller Place No. 2
subject to waiving the lot frontage requirement for Lot 1. Motion carried by the following
vote: Aye — Henschel, Norton, Baumhover, Christ and Norton; Nay — None.
ACTION ITEM/FINAL PLAT OF SIEGERT'S PLACE FIFTH ADDITION: Application of
William & Janet Siegert / Dave Schneider, Schneider Land Survey to approve the Final Plat
of Lot 3 of Siegert's Place Fifth Addition located at Dodge Street/US Highway 20 West
(Next to Menard's).
Dave Schneider, Schneider Land Survey, 906 1st Street, NW, Farley, Iowa, noted that the
plat creates a 12.3 acre lot for sale so that the purchaser can develop an auto dealership.
He detailed the lot configuration and noted the development moratorium and the Iowa
Department of Transportation review process.
Staff Member Kritz outlined the request. He stated that the subdivision splits 65 acres of
property into three lots. He discussed the subject property's location and said that it lies
within the U.S. Highway 20 Corridor Preservation Zone (CPZ) and the Southwest Arterial
Corridor Moratorium Area. He said that the City Council will need to amend the
moratorium area prior to approval of the submitted final plat.
He said that the IDOT has reviewed the proposed final plat and had no comments. He
said that I DOT will review any subsequent rezoning or site development. He discussed the
U.S. Highway 20 CPZ, noting that there have been a number of developments along the
corridor within the preservation zone. He discussed the plat configuration and access
issues using a map of the area. He noted that, although all lots have frontage, the IDOT
may purchase access rights from adjacent property owners.
He discussed conditions that he said the City recommends to impose on the plat which
include a hold harmless agreement to indemnify the City should the proposed IDOT
frontage road be delayed for any reason and that a separate private access agreement be
provided across Lot 3 to serve the balance of the Siegerts' property.
Commissioners discussed the request and felt it was appropriate.
Motion by Hardie, seconded by Christ, to approve the Final Plat of Lot 3 of Siegert's Place
Fifth Addition subject to the conditions established in the resolution approving the final plat.
Motion carried by the following vote: Aye — Henschel, Hardie, Norton, Baumhover, and
Christ; Nay — None.
PUBLIC HEARING\REZONING: Application of Brian Kane (WBBW Holliday Development
LLC) to rezone Holliday Third Addition (Lot 2 of 8, Lot 2 of 6 and Lot 7, all in the Holliday
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August 6, 2014
Page 3
Third Addition) along Holliday Drive from C-2 Neighborhood Shopping Center District, to C-
3 General Commercial zoning district.
Commissioner Baumhover stepped down due to a conflict.
Brian Kane, Kane, Norby & Reddick, P.C., reviewed the rezoning request. He distributed
information that included an exhibit showing the proposed rezoning configuration and a
letter containing two conditions agreed upon by the applicant and the neighbors. He said
that the exhibit represented a reduction in the area initially asked to be rezoned to C-3. He
said that the rezoning now consists of 1.9 acres of land that will be needed to
accommodate the display area for the proposed auto sales dealership.
He discussed surrounding zoning and land use, and reviewed the conditions outlined in
Ordinance 77-03 that bind the subject properties. He said that they had conducted a
neighborhood meeting and that the neighbors expressed concerns with noise, lighting, and
stated that they would like the existing vegetation and buffer to remain. He said that the
neighbors also requested that WBBW reduce the area to be rezoned to C-3. Mr. Kane
reviewed the reduced C-3 area, and he said that the applicants are willing to maintain the
existing conditions on the property.
Staff Member Hemenway reviewed the request. He summarized the changes made by Mr.
Kane, noting that the applicants reduced the area they originally requested to be rezoned
to C-3. He reviewed the existing conditions placed on the property. He noted the
difference between C-2 and C-3 zoning and discussed the site topography and grade
change between the adjacent residential property and the subject lot. He discussed the
original conditions contained in ordinance 77-03, noting that they had either been satisfied
or were moot because they were superseded by current Unified Development Code
requirements. He said that the only condition that would not carry over, unless reaffirmed
by the Commission, was the requirement that the landscape buffer be maintained.
Commissioners discussed the request and felt that given the conditions offered by the
applicant reducing the area to be rezoned and maintaining the landscape buffer area, the
rezoning was appropriate.
Motion by Hardie, seconded by Christ, to approve the rezoning request subject to reducing
the area to be rezoned to C-3 as per Exhibit A and by following the conditions outlined in
the letter submitted by the applicant noted as Exhibit B. Motion carried by the following
vote: Aye — Hardie, Henschel, Norton and Christ; Nay — None; Abstain — Baumhover.
PUBLIC HEARING\REZONING: Application of Gronen Restoration to rezone property
located at 1501 Jackson Street from R -2A Alternate Two Family Residential to OR Office
Residential.
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August 6, 2014
Page 4
John Gronen, Gronen Restoration, stated that he is working on a redevelopment plan for
the St. Mary's Campus. He said that the existing school building at the southeast corner of
the campus will be completely rehabilitated creating 12 dwelling units. He reviewed the
proposed enhancements to the campus, which he said will include additional green space.
He said that the apartment building will meet the Unified Development Code parking
requirements. He noted that the past use of the school and church property was more
intense than the uses he proposes.
Jeff Morton, Morton Architects, reviewed the existing site conditions and discussed the
concept plan for campus enhancement. He said that in the past green space was removed
to provide additional parking, but that those hardscape areas will converted to green space,
and used for recreational area and stormwater management. He said that there will be
accessible parking provided directly adjacent to the subject building and that remote
parking will be available in an existing lot adjacent to the church campus. He said that new
lighting will be provided that creates a safe environment for the facility but will not
overpower the adjacent properties.
Julie Woodward, 1789 Elm Street, said that she represents Crescent Community Health
Center. She spoke in support of the project, and stated that this type of redevelopment is a
positive thing for the Washington Neighborhood.
Sister Green, Opening Doors Board of Directors, spoke in support of the project, noting the
need for affordable housing in the area.
Michelle Brown, Executive Director of Opening Doors, spoke in support of the project,
noting that it provides transitional housing for the adjacent shelter residents.
Staff Member Hemenway reviewed the uses permitted in both the R -2A and OR districts,
noting that the adjacent property had been rezoned in the past to accommodate the Maria
House. He discussed off-street parking requirements and noted that he had received no
input from adjacent property owners.
Commissioner Hardie asked if a change in use could create a greater demand on parking.
Staff Member Hemenway noted that a change in use would likely be reviewed by staff and
if it was determined that there was a deficit of parking, the applicants would have to either
provide parking on-site, on an adjacent lot through the conditional use process, or seek a
parking variance.
Commissioners discussed the request and felt it was appropriate.
Motion by Hardie, seconded by Christ, to approve the rezoning request as submitted.
Motion carried by the following vote: Aye — Hardie, Henschel, Baumhover and Christ ; Nay
— None; Abstain — Norton.
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August 6, 2014
Page 5
ADJOURNMENT: The meeting adjourned at 7:00 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted