Minutes Zoning Advisory 6 6 07DQ~~
MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
Wednesday, June 6, 2007
6:30 p.m.
Auditorium, Carnegie Stout Library
360 W. 11th Street, Dubuque, Iowa
PRESENT: Chairperson Eugene Bird Jr.; Commissioners Ron Smith, Stephen Hardie,
Martha Christ and Jeff Stiles; Staff Members Kyle Kritz and Guy
Hemenway.
ABSENT: Commissioners Ken Bichell and Dick Schiltz.
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 May 2, 2007, meeting were approved unanimously as
submitted.
ACTION ITEMIPRELIMINARY PLAT (TABLED FROM MAY 2, 2007
MEETING)/HERRIG: Application of John Herrig for approval of the Preliminary Plat of
Serenity Ridge Subdivision located along Derby Grange Road.
Chairperson Bird asked Staff to update the Commission on the status of the John
Herrig's preliminary plat. Staff Member Kritz stated that the preliminary plat was tabled
at the last Zoning Advisory Commission meeting to enable the applicant and the City to
resolve outstanding intersection improvement issues.
John Herrig, 13668 Surrey Lane, outlined his request. He discussed traffic and
roadway issues. He stated that the County Engineer indicated that the County Board of
Supervisors could be petitioned to reduce the speed on Derby Grange Road. He
discussed the traffic engineering study submitted by Buesing & Associates Engineering.
He also discussed annexation and urban sprawl.
Ken Buesing, Buesing & Associates, discussed his traffic study and the traffic study
undertaken by HDR Engineering. He said he felt that the road should be designed to
urban standards because that is the way the area is evolving.
Staff Member Kritz discussed traffic analysis and existing speed limits on Derby Grange
Road. He said that it would be necessary to regrade Derby Grange Road to meet sight
distance requirements based on the average vehicle speeds that are occuring. He
Minutes -Zoning Advisory Commission
June 6, 2007
Page 2
reviewed information provided by City Engineer, Gus Psihoyos, and HDR Inc., a
consultant firm hired by the City to help review the proposed intersection of Derby
Grange Road and Plaza Drive.
Commissioner Hardie stated he felt that it was not the developer's responsibility to
improve the road and the developer should not be penalized because people are
traveling in excess of the speed limit. Commissioners discussed possibly approving the
plat with conditions.
Staff Member Kritz stated that the City may have liability if they were to approve a
substandard intersection. He said that the City is willing to continue discussions with
the developer and the County to improve the intersection; however, there is no definitive
cost estimates at this time. Staff Member Kritz said that the second access to Phase II
of the development also is an unresolved issue.
Commissioners discussed phasing and requirement. for second access to the site.
Commissioner Hardie said that he felt that a park should be provided during Phase 1 of
the development. Mr. Herrig said he is not willing to put a park in Phase 1 of the
development.
Commissioners discussed conditions on the plat request.
Motion by Hardie, seconded by Stiles, to approve the Preliminary Plat of Serenity Ridge
Subdivision with the following conditions: 1) Approval is contingent upon resolution of
the intersection improvements for Plaza Drive and Derby Grange Road; 2) That the
Zoning Advisory Commission review the final plat for Phase I of the subdivision.3) That
a second access be provided for Phase 2 of the subdivision and the Final Plat for Phase
2 be submitted to the Zoning Advisory Commission; and 4) That dedicated park area of
similar size to the park area proposed in Phase II be provided in Phase I.
Motion carried by the following vote: Aye -Smith, Hardie, Christ, Stiles and Bird; Nay -
None.
ACTION ITEMIPRELIMINARY PLATICALLAHAN: Application of Joel Callahan,
Callahan Construction for approval of the Preliminary Plat of Callahan Old 20
Subdivision located north of Old Highway Road and east of Clear View Heights Road in
Dubuque County.
Joel Callahan, 7629 Commerce Park Road, asked Commissioners to review and
approve his subdivision which he said is located in the county. He discussed the
location of the subdivision. He noted that he was requesting waiving of the 26 foot
paving width to allow a 22 foot wide private street.
Minutes -Zoning Advisory Commission
June 6, 2007
Page 3
Commissioner Hardie asked why there should be 22 foot wide streets in the subdivision.
Mr. Callahan said that the subdivision will be built to County standards and thal
surrounding subdivisions also have 22 foot wide streets.
Staff Member Kritz discussed the joint City/County review requirement for the proposed
subdivision. He explained the lot layout and discussed City versus County street
standards. He also discussed the substandard lots within the subdivision.
Commissioners discussed the request and decided to adopt staffs recommendations
for the approval.
Motion by Hardie, seconded by Bird, to approve the Preliminary Plat of Callahan Old 20
Subdivision subject to the folllowing conditions: 1) Waiving the lot frontage for Lots 12,
13, 27, 28, 48 and 49; 2) waiving of double frontage Lots 7, 51, 52, 53, 54 and 55; 3)
waiving the Engineering cul-de-sac standard of 1,300 feet; 4) waiving Article IV Design
Improvement Standards, except for Section 42-19 Lots and Blocks; and 5) placing a
condition on the preliminary plat that also will be applied to the final plat restricting
access from Lots 50 through 55 to Road B within the Callahan Old 20 Subdivision.
Motion carried by the following vote: Aye -Smith, Hardie, Christ and Bird; Nay -None.
ACTION ITEMIPLAT OF SURVEYIROWE: Application of John and Emily Rowe for
approval of the Plat of Survey of Rowe Place located east of Lake View Drive in
Barrington Lakes Subdivision in Dubuque County.
Pat Rowe, 11206 Lake Valley Drive, described his project. He stated that he wants to
consolidate some lots so that he can square off his yard.
Staff Member Kritz said that Mr. Rowe's request is to split an existing lot to establish a
new rear lot Ine for his parcel. He said that Lot 2 will not have frontage; however, it
currently does not have frontage, is legally non-conforming and does not create a new
building lot.
Commissioners discussed the request and felt it was appropriate.
Motion by Stiles, seconded by Smith, to approve the Plat of Survey of Rowe Place in
Dubuque County subject to waiving lot frontage requirements for Lot 2. Motion carried
by the following vote: Aye -Smith, Hardie, Christ, Stiles and Bird; Nay -None.
Minutes -Zoning Advisory Commission
June 6, 2007
Page 4
ACTION ITEMIPLAT OF SURVEYICONLON CONSTRUCTION CO.: Application of
Conlon Construction Company for approval of the Plat of Survey Lot 1 and Lot 2 of Tee
Box Place located at Links Glen Condominium Development, Wartburg Place.
Chairperson Bird recommended that the Commission review the requests of the Plat of
Survey of Lot 1 and Lot 2 of Tee Box Place and the Plat of Survey of Lot 1 and Lot 2 of
Mineral Lot 138 and the Plat of Survey for Lots 1 through 3 and Lot A of Links Glen
Place simulataneously and vote on each plat separately.
Tim Conlon, 480 Wartburg Place, said that he is interested in subdividing and replatting
the Links Glen Development to faciliate the location of a detention basin and also to
swap land with Dubuque Golf and Country Club.
Staff Member Kritz outlined the requests, noting the location of the platted property and
which lots were substandard. He said that approval of the plat will not adversly impact
future development of adjacent property. He noted it will facilitate provision of storm
water control for the Links Glen project and also allow improvements to the 14th teep
box on the Dubuque Golf and Country Club's property.
Motion by Hardie, seconded by Christ, to approve the Plat of Survey of Lot 1 and Lot 2
of Tee Box Place subject to waiving lot frontage requirements for Lot 1 and Lot 2 and
the lot area requirements for Lot 2. Motion carried by the following vote: Aye -Smith,
Hardie, Christ, Stiles and Bird; Nay -None.
ACTION ITEMIPLAT OF SURVEYICONLON CONSTRUCTION CO.: Application of
Conlon Construction Company for approval of the Plat of Survey of Lot 1 and Lot 2 of
Mineral Lot 138 located at Links Glen Condominium Development, Wartburg Place.
Motion by Hardie, seconded by Stiles, to approve the Plat of Survey of Lot 1 and Lot 2
of Mineral Lot 138 subject to waiving the lot frontage requirement for Lot 1 and Lot 2.
Motion carried by the following vote: Aye -Smith, Hardie, Christ, Stiles and Bird; Nay -
None.
ACTION ITEMIPLAT OF SURVEYICONLON CONSTRUCTION CO.: Application of
Conlon Construction Company for approval of the Plat of Survey of Lots 1 thru 3 and
Lot A of Links Glen Place located at Links Glen Condominium Development, Wartburg
Place.
Motion by Hardie, seconded by Christ, to approve the Plat of Survey of Lots 1 thru 3
and Lot A of Links Glen Place subject to waiving lot frontage and lot area requirements
for Lot A. Motion carried by the following vote: Aye -Smith, Hardie, Christ, Stiles and
Bird; Nay -None.
Minutes -Zoning Advisory Commission
June 6, 2007
Page 5
PUBLIC HEARINGIREZONINGISCHMITZ: Application of Lynn Schmitz to rezone
property located at 2411/2403 Central Avenue from R-2 Two-Family Residential District
and C-2 Neighborhood Shopping Center District to C-4 Downtown Commercial District.
Amy Schmitz, 2403 Central Avenue, reviewed the request with the Commission. She
discussed the existing zoning and land use, and stated that her intent is to expand the
car lot onto the adjacent property.
Staff Member Hemenway reviewed the existing zoning and land use, noting that the
subject building is located in a Conservation District. He said the applicant has received
approval for a demolition permit from the Historic Preservation Commission and City
Council. He stated that the existing C-2 and R-2 zoning on the subject lots do not allow
an auto sales lot. He stated that the applicant is asking to rezone the property to C-4,
which he said will require that the Zoning Board of Adjustment approve a conditional
use permit. He also noted that the surrounding land uses are primarily commercial
except for two single-family homes.
Commissioners reviewed the surrounding land uses stating that the change in zoning is
consistent with the surrounding commercial properties.
Motion by Christ, seconded by Stiles, to recommend approval of the rezoning request
for 2411/2403 Central Avenue, as submitted. Motion carried by the following vote: Aye
- Smith, Hardie, Christ, Stiles and Bird; Nay -None.
PUBLIC HEARINGIREZONINGIPOWERS: Application of Dennis Powers to rezone
property at 3100 Cedar Crest Ridge from CS Commercial Service and Wholesale
District to C-3 General Commercial District.
Dennis Powers reviewed his request, noting the location of the property and the recent
increase in traffic volume along Cedar Cross Road. He stated that he has a number of
commercial tenants interested in the location.
Staff Member Hemenway reviewed the request, noting the increase in vehicular traffic,
current access to the property, and the type of structure that is currently under
construction. He noted the previous rezoning across Cedar Crest Ridge from the
subject property and stated that this zoning request represents an expansion of the C-3
District.
Commissioners discussed the request and felt it was appropriate.
Minutes -Zoning Advisory Commission
June 6, 2007
Page 6
Motion by Christ, seconded by Stiles, to recommend approval of the rezoning request
for 3100 Cedar Crest Ridge as submitted. Motion carried by the following vote: Aye -
Smith, Hardie, Christ, Stiles and Bird; Nay -None.
PUBLIC HEARINGIREZONINGIMILLER/BROWN: Application of Chris Miller/Wally
Brown to rezone property located at 40-42 Main Street from LI Light Industrial District to
C-4 Downtown Commercial District.
Chris Miller reviewed his request, stating that he would like to redevelop the building for
upper story residential and first floor commercial uses.
Staff Member Hemenway discussed the property location, building size and adjacent
land use. He stated that the northern half of the building was recently rezoned to C-4;
therefore, the rezoning represents an expansion of the C-4 District.
Staff and Commission noted that the area is in transition from industrial to adaptive
reuse of older buildings primarily for commercial uses. The Commission discussed the
request and felt it was appropriate.
Motion by Stiles, seconded by Smith, to recommend approval of the rezoning request
for 40-42 Main Street as submitted. Motion carried by the following vote: Aye -Smith,
Hardie, Christ, Stiles and Bird; Nay -None.
PUBLIC HEARINGIREZONINGISWIFT: Application of Tom Swift, Swift Construction,
Inc. to rezone property located at 2678 Beverly Avenue from R-1 Single-Family
Residential District to R-2 Two-Family Residential District.
Tom Swift, 2005 Firestone Drive, reviewed his request with the Commission. He stated
that he would like to rezone this property to enable him to demolish an existing house
and garage and replace it with a new duplex.
William Vondran, 2674 Van Buren Avenue, spoke in opposition to the request. He said
that he feels the lot is too small to accommodate a duplex and he said he is concerned
that additional multi-family zoning will encroach on his neighborhood.
Mr. Swift stated that removing the old structure and replacing it with a new structure will
have a positive impact in the neighborhood.
Commissioner Smith asked if the building would be sold as a duplex or as a townhouse.
Mr. Swift said it would be sold as a two-unit townhouse.
Minutes -Zoning Advisory Commission
June 6, 2007
Page 7
Staff Member Hemenway reviewed the staff report, noting that the existing structures
are non-conforming. He discussed parking requirements and setbacks for the duplex
and adjacent land use and zoning.
The Commission discussed required parking and permeable area, noting that the
garages on the duplexes would count as off-street parking. Commissioners said they
felt that the rezoning request was appropriate.
Motion by Christ, seconded by Stiles, to recommend approval of the rezoning request
for 2678 Beverly Avenue as submitted. Motion carried by the following vote: Aye -
Smith, Hardie, Christ, Stiles and Bird; Nay -None.
ADJOURNMENT: The meeting adjourned at 8:00 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner
Adopted
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