Minutes ZA Commission 5 2 07
ZONING ADVISORY COMMISSION
REGULAR SESSION
Wednesday, May 2, 2007
6:30 p.m.
Auditorium, Carnegie Stout Library
360 W. 11th Street, Dubuque, Iowa
PRESENT:
Vice Chairperson Jeff Stiles; Commissioners Ron Smith, Stephen Hardie,
Martha Christ and Dick Schiltz; Staff Members James O’Brien, Kyle Kritz and
Guy Hemenway. Also present: Water Department Manager Bob Green and
Fire Chief Dan Brown.
ABSENT:
Chairperson Eugene Bird Jr. and Commissioner Ken Bichell.
________________________________________________________________________
CALL TO ORDER:
The meeting was called to order at 6:30 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 April 4, 2007, meeting were approved as submitted.
ACTION ITEM\PRELIMINARY PLAT\KIVLAHAN:
Application of John Kivlahan, Kivlahan
Farms for approval of the Preliminary Plat of Pebble Cove Subdivision located south of the
Northwest Arterial and west of John F. Kennedy Road.
John Kivlahan, 4922 Wild Flower Drive, spoke in favor of the request, noting the number of
lots and street access. He offered to answer any questions the Commissioners had
regarding the proposed plat.
Staff Member Kritz described the location of the subdivision. He also discussed the size,
number of lots, existing zoning and surrounding zoning for the property. He said that the
subdivision would consist of 34 lots and be served by a new street accessed from David
Drive in Wynstone Subdivision. He discussed the typical lot size and indicated that
Kivlahans will dedicate Lot A for a future neighborhood park. He asked the Commission to
condition approval of the preliminary plat requiring that the four detention basins be
consolidated into one. Commissioner Schiltz inquired about the temporary cul-de-sac to
the west (Charleston Court). Staff Member Kritz stated that the temporary cul-de-sac
would provide access to a land-locked C-3 parcel owned by the Kivlahans that does not
have access to the Northwest Arterial.
Commissioners discussed the subdivision plat and felt that it was appropriate.
Minutes – Zoning Advisory Commission
May 2, 2007
Page 2
Motion by Hardie, seconded by Christ, to approve the Preliminary Plat of Pebble Cove
Subdivision with the condition that the four detention basins indicated on the subdivision
plat be reduced in number. Motion carried by the following vote: Aye – Stiles, Smith,
Hardie, Christ and Schiltz; Nay - None
ACTION ITEM\PRELIMINARY PLAT\HERRIG:
Application of John Herrig for approval of
the Preliminary Plat of Serenity Ridge Subdivision located along Derby Grange Road.
John Herrig, 13750 Surrey Lane, asked the Commission to approve his subdivision plat.
He said that the plat conforms with all subdivision requirements. He indicated that he does
not own property adjacent to Derby Grange Road; therefore, he exercises no control over
access. He discussed traffic volumes and street configurations for the subdivision and
Derby Grange Road. He stated that any traffic hazards at the intersection of the proposed
roadway and Derby Grange Road could be reduced by adding turn lanes.
Staff Member Kritz discussed the subdivision plat. He said that the plat is approximately
120 acres in area and he outlined the zoning, flood plain, street width and configuration
and neighborhood park location. He stated that the site can be served by utilities;
however, lift stations would be necessary for the sanitary sewer. He discussed issues with
the lack of secondary access to the second phase of the subdivision and site visibility at
the intersection of Plaza Drive and Derby Grange Road.
Vice-Chairperson Stiles discussed the possibility of adding turn lanes to Derby Grange
Road. Commissioner Hardie asked how access to the Butler property would be resolved.
Staff Member Kritz stated that an access easement from the subdivision would be
provided. Commissioners discussed the lack of secondary access to the balance of the
subdivision and the traffic safety issue with the intersection at Derby Grange Road. Vice-
Chairperson Stiles asked, based on the unresolved traffic issues, if the applicant would be
willing to table his request.
Mr. Herrig stated that he felt that it would be joint City and County responsibility to provide
necessary road improvements to the intersection of Derby Grange Road and Plaza Drive.
Commissioners stated that they felt that Mr. Herrig should discuss secondary access
issues, Derby Grange Road and Plaza Drive intersection traffic safety issues, and
provision of a neighborhood park as part of the first phase of the development, prior to
rehearing. Mr. Herrig asked the Commission to urge the City and County to undertake the
necessary road improvements.
Minutes – Zoning Advisory Commission
May 2, 2007
Page 3
Motion by Hardie, seconded by Smith, to table the applicant’s request for the Preliminary
Plat of Serenity Ridge Subdivision. Motion approved by the following vote: Aye – Smith,
Hardie, Christ, Schiltz and Stiles; Nay – None.
PUBLIC HEARING\AMEND PUD\HORSFIELD (tabled):
Application of Matt Horsfield,
Horsfield Company to amend the Dubuque Industrial Center Planned District to change
designation of property from Open Space to Industrial located in the Dubuque Industrial
Center.
Matt Horsfield, 500 E. Main Street, Epworth, Iowa, representing Horsfield Construction,
asked Commissioners to consider the rezoning of a portion of their lot from open space to
planned industrial. He said that the area in question is low lying and not suitable for
development. He said that much fill work would be necessary to make the property ready
for development. He said that to make the existing heavy industrial zoned property
useable, additional area is necessary. He discussed site topography and the site diagram.
He reviewed a letter received in support from a surrounding property owner.
Rick Dickinson, representing Greater Dubuque Development Corporation and Dubuque
Initiatives, spoke in support of the request. He said that, due to existing topography, the
site is difficult to develop.
Bob Hartig, 3130 Westmore Drive, representing Medical Associates, spoke in opposition to
the request. He said that open space should be retained as a buffer between the subject
property and the adjacent properties. He said he is concerned that excessive noise may
be generated by the proposed use. He indicated that Medical Associates set aside 45 out
of 100 acres for green space.
Matt Horsfield said that the Dubuque Industrial Center was created to provide industrial
property and that there will be plenty of green space left over within the development. He
indicated that the final elevation will provide vertical relief and serve as a buffer from the
adjacent properties.
Staff Member Kritz discussed open space requirements. He discussed changes in how the
City’s industrial parks are graded. He said that the proposed amendment would decrease
permeable area by 1%. He spoke of the need to balance green space requirements with
compact and contiguous growth. Commissioner Smith asked if green space is necessary
for storm water management. Staff Member Kritz said that storm water management will
be addressed through the site plan process.
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May 2, 2007
Page 4
Commissioner Hardie stated that this request represents a minimal loss of green space.
Vice-Chairperson Stiles said that the topography dictates creative solutions to
development of this property and that the property itself is not used as a buffer to adjacent
properties. Commissioner Schiltz said that the Commission should not assume that the
green space is just useless land. He said that he felt much thought went into development
of green space as part of the original design of the overall industrial center. He said that
the owner was aware of the zoning designation prior to the purchase of the property and
that the property still can be used as a green space buffer. He said that there is plenty of
industrial property available elsewhere in the community. Commissioner Christ indicated
that she agrees with Commissioner Hardie in that the request represents a very small loss
of green space for the industrial center.
Motion by Hardie, seconded by Smith, to approve the amendment to the Dubuque
Industrial Center Planned District as submitted. Motion approved by the following vote:
Aye – Smith, Hardie, Christ and Stiles; Nay – Schiltz.
PUBLIC HEARING\REZONING\LAMMERS (tabled):
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 & Wholesale District.
Brian Kane, 2100 Asbury Road, representing Brian Lammers, reviewed the rezoning
request including surrounding zoning, land use, traffic counts and utility locations. He
reviewed the history of zoning on the site and discussed a restrictive covenant that was not
recorded by the former property owner. Mr. Kane submitted a draft of a memorandum of
agreement regarding possible conditions upon the rezoning.
Brian Lammers, representing Tri-State Development LLC, reviewed the restrictions
proposed by the memorandum of agreement.
Tom Van Tiger, 15085 Old Highway Road, expressed concerns with the proposed
memorandum of agreement. He stated that there were no assurances that the document
would be recorded.
The Commission discussed the proposal to withdraw the rezoning request from the
adjacent property at 12653 Seippel Road and replace it with a 50 foot CS Commercial
Services and Wholesale District buffer.
Staff Member Hemenway reviewed the staff report outlining the surrounding land use and
zoning history for the property.
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May 2, 2007
Page 5
The Commission reviewed information provided by staff and discussed the potential to
incorporate the memorandum of agreement into any zoning approval. The Commission
decided to place conditions upon the rezoning.
Motion by Hardie, seconded by Stiles, to require conditions on the rezoning request that:
1) A rear yard setback of 20% lot depth be applied to the north property line of Lot 1 of
Seippel Court Commercial Park; and 2) that uses 19 (auto repair/body shop), 20 (truck
sales/service repair), 31 (freight transfer facilities), 32 (fuel/ice dealers and manufacturing),
37 (engine/motor sales, service and repair), 38 (refrigeration equipment and supply, sales
and service), 41 (animal hospital/clinic) and 42 (kennel), be eliminated. The amendment
was approved by the following vote: Aye – Smith, Hardie, Christ, Schiltz and Stiles; Nay –
None.
Motion by Christ, seconded by Smith, to approve the rezoning request as amended.
Motion carried by the following vote: Aye – Smith, Hardie, Christ, Schiltz and Stiles; Nay –
None.
PUBLIC HEARING\REZONING\LAMMERS (tabled):
Application of Brian Lammers, Tri-
State Development LLC to rezone property located at 12653 Seippel Road to rezone
property from County R-1 Rural Residential District to City CS Commercial Service &
Wholesale District in conjunction with annexation to the City of Dubuque.
Brian Kane, 2100 Asbury Road representing Brian Lammers, indicated Mr. Lammers
formally requests to withdraw his application for rezoning on the property at 12653 Seippel
Road. Commissioners agreed to the request to withdraw.
PUBLIC HEARING\AMEND PUD\KLEIN CONSTRUCTION (reconsideration):
Application of Ron Klein, Klein Construction Co. to Amend the PUD Planned Unit
Development District to allow 40 two-unit townhouses with revised access and setbacks for
property located at Tanzanite Drive (Lot F of Emerald Acres No. 4).
Ron Klein, Klein Construction Co., spoke in favor of the request. He stated that his intent
is to change the building layout configuration, but maintain the same density. He said that
there will be a slight decrease in green space, but an increase in parking. He received the
changes he made to his request including reducing the number of units, reducing the
number of access points along Tanzanite Drive and increasing the size of the dwelling
units to approximately 1,300 square feet with a two-car garage for each dwelling.
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May 2, 2007
Page 6
Rod Tschiggfrie, 600 Sapphire Circle, representing T-Corp, indicated that the land was
originally zoned with the intent that it be a buffer between the mobile home park and the
single-family residential development. He discussed the development history of his
property. He said that Mr. Klein is more experienced than the former developer and that
he is confident he will construct a quality project. He discussed building height as it relates
to the adjacent topography. He said that he agrees that there is an existing water pressure
problem in this neighborhood.
Barb and Paul Horsfall, 575 Sapphire Circle, spoke in opposition to the request. They
stated concerns with density, setbacks, lack of adequate green space, parking and water
pressure. They stated that the lack of water pressure also affects fire safety and water
quality.
Paul and Debra Herberger, 591 Sapphire Circle, voiced concerns with the lack of green
space and play area, setbacks, topography and fire safety access. They stated that
currently children play in their yard during the day and they may pose a liability risk. They
also expressed concerns with parking and traffic safety.
Kathy Nesmith, 507 Sapphire Circle, stated that currently children are playing in her back
yard and there are some parking issues on the street. She said, however, that she has not
experienced water pressure problems and that she feels good that Mr. Klein is the
developer.
Mr. Klein stated that the property was formerly zoned R-3 Moderate Density Multi-Family
Residential. He said that he will, however, be building to R-2 density and providing two car
garages with parking spaces behind. He stated that he will phase the development so that
all construction activity is not happening simultaneously.
Staff Member Kritz outlined the staff report discussing the zoning and development history
of the property. He said that because the conceptual plan is being changed the
Commission must approve an amendment to the original PUD. He said that the number of
units will be the same and that the reconfiguration will increase the impervious area by
3.3%. He stated that any developer currently could develop the site as per the existing
PUD concept plan approved in 2003. He distributed a rendering of the sample townhomes
that Mr. Klein said he intended to build. He recommended that if the Commission were
inclined to approve the amended district they require a site plan be submitted for the entire
project. He introduced Bob Green, Water Department Manager and Dan Brown, Fire
Chief.
Mr. Green discussed water pressure in the neighborhood stating that the Water
Department had taken readings. He said that the Dubuque’s topography dictates local
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May 2, 2007
Page 7
differences in water pressure. He stated that water pressure in the neighborhood is code
compliant. Commissioner Schiltz questioned water pressure in the neighborhood stating
that he feels the City should resolve the pressure problem. Mr. Green stated that the
change in elevation within the City requires balancing the system between peaks and
valleys. Vice-Chairperson Stiles asked about a new water tower. Mr. Green stated that
when on line the new water tower would increase capacity and slightly increase pressure.
Fire Chief Brown stated that the location of hydrants, main size and water pressure are
adequate for fire safety in the neighborhood. He said that emergency access would be
reviewed by the Fire Marshal through the site plan review process.
Staff Member Kritz stated that each unit would provide four off-street parking spaces. He
said that Tanzanite Drive is a collector street with additional on-street parking that is
available as a shared public resource.
Commissioners considered requiring that a site plan be submitted for the development.
Motion by Christ, seconded by Schiltz, to require that a site plan be submitted before a
building permit be issued for the development. Motion carried by the following vote: Aye –
Smith, Hardie, Christ, Schiltz and Stiles; Nay – None.
Motion by Christ, seconded by Schiltz, to approve the amendment to the PUD as
submitted. Motion carried by the following vote: Aye – Smith, Hardie, Christ, Schiltz and
Stiles; Nay – None.
PUBLIC HEARING\REZONING\SMITH:
Application of Ron Smith/RRTC Properties
to rezone property located at 3105 Cedar Crest Ridge from CS Commercial Service &
Wholesale District to C-3 General Commercial District.
Commissioner Ron Smith stepped down from the table.
Ron Smith reviewed his request, reviewing the location of the property and similar
rezonings along this corridor. He stated that the increase in vehicle traffic counts along
Cedar Cross Road warrant general commercial uses at this location.
Staff Member Hemenway reviewed the request noting the location of the property and the
surrounding zoning and land use. He discussed prior rezonings along Cedar Cross Road,
access policy along Cedar Cross Road, and vehicle trip counts on Cedar Cross Road.
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May 2, 2007
Page 8
Commissioners discussed adjacent zoning and access to the site. The Commission felt
the request is consistent with surrounding zoning and that Cedar Cross Road is capable of
handling additional access points in this section of the roadway.
Motion by Christ, seconded by Schiltz, to approve the rezoning request as submitted. The
motion carried by the following vote: Aye – Hardie, Christ, Schiltz and Stiles; Nay – None;
Abstain – Smith.
PUBLIC HEARING\REZONING\SCHREIBER:
Application of James & Renee Schreiber to
rezone property located at Kebbie Drive (Lot 3 of Bies Subdivision #2) from R-2 Two-
Family Residential District to R-3 Moderate-Density Multi-Family Residential District.
James Schreiber, 3940 Wyndham Drive, Cedar Rapids, Iowa, reviewed his request and
showed a rendering of a multi-family dwelling that he would like to build on the lot. He said
that because of the surrounding commercial zoning, the zoning change would not have a
negative impact on the neighborhood.
Staff Member Hemenway reviewed the surrounding zoning and land use. He stated that
Kebbie Drive is not intended to be extended beyond its current terminus. He said that the
property is bordered by existing vacant and developed commercial property and that it may
serve as a transition between said development and the adjacent single- and two-family
residences.
Commissioners discussed the request and felt it was appropriate.
Motion by Smith, seconded by Christ, to approve the rezoning from R-2 Two-Family
Residential District to R-3 Moderate Density Multi-Family Residential. Motion carried by
the following vote: Aye – Smith, Hardie, Christ, Schiltz and Stiles; Nay – None.
PUBLIC HEARING\TEXT AMENDMENT\CITY OF DUBUQUE:
Application of the City of
Dubuque to amend Sections 6-1.5.5 and 4-4.2 of the Zoning Ordinance and Section 42-16
of the Subdivision Regulations to extend the duration of the development moratorium for
the Iowa 32 (Southwest Arterial) Corridor.
Staff Member Kritz outlined the request to extend the development moratorium for the Iowa
32 (Southwest Arterial) Corridor. He discussed the map outlining the extent of the
moratorium area noting that the development of the Southwest Arterial is a City Council
priority.
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May 2, 2007
Page 9
Commissioner Schiltz questioned applying a moratorium to such an extensive area. Staff
Member Kritz stated that the area represented the grading limitations for the proposed
Southwest Arterial.
Motion by Christ, seconded by Stiles, to approve the text amendment as submitted. Motion
carried by the following vote: Aye – Smith, Hardie, Christ, Schiltz and Stiles; Nay – None.
ADJOURNMENT:
The meeting adjourned at 9:00 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted
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