Minutes Zoning Advisory 8 1 07MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
Wednesday, August 1, 2007
6:30 p.m.
Auditorium, Carnegie Stout Library
360 W. 11th Street, Dubuque, Iowa
D~~~
PRESENT: Chairperson Eugene Bird; Commissioners Ron Smith, Stephen Hardie,
Martha Christ and Jeff Stiles; Staff Members Guy Hemenway, Wally
Wernimont; Assistant City Attorney Tim O'Brien.
ABSENT: Commissioner 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 July 5, 2007, meeting were approved unanimously as
submitted.
ELECTION OF OFFICERS:
The Commission unanimously elected Eugene Bird as Commission Chair, Jeff Stiles as
Vice-Chair and Martha Christ as Secretary.
ACTION ITEMIFINAL PLATT FINAL PLAT OF HENSCHEL-MCNAMER PLACE PLAT #3:
Application of North Cascade Road Developers for approval of the Final Plat of Henschel-
McNamer Place, Plat #3 located west of Timber-Hyrst Estates.
Nick Lange, Buesing and Associates, stated he is representing the applicant. He
discussed the plat. He said that Lot 1 had no frontage but would be served by a platted
easement.
Staff Member Hemenway reviewed the staff report. He discussed the colored rendering of
the plat noting that the subdivision created three new lots and that Lot 1 had no frontage on
a public or private street. He said that because the subdivision has 3 lots, and one
substandard lot, the Zoning Advisory Commission and City Council must review. the
request. He stated that there is a platted access easement from the termination of Miller
Road across the Henschel property to serve Lot 1. He stated that the request would
facilitate the sale of property to Marty McNamer which will enable him to plat Phase 2 of
Timber-Hyrst Estates.
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August 1, 2007
Page 2
~~There were no public comments.
The Commission discussed the request and felt it was appropriate. They noted that Lot 1,
while having no frontage, is served by a platted easement.
Motion by Hardie, seconded by Christ, to approve the Final Plat of Henschel-McNamer
Place, Plat #3 subject to waiving the frontage requirements for Lot 1. Motion carried by the
following vote: Aye -Smith, Hardie, Christ, Stiles and Bird; Nay -None.
PUBLIC HEARINGITEXT AMENDMENTICALLAHAN CONSTRUCTION: Application of
Joel Callahan, Callahan Construction Inc. to amend Section 3-3.6 C-S Commercial Service
& Wholesale District of the Zoning Ordinance to allow for indoor and outdoor recreation as
permitted uses.
The applicant was not in attendance and there were no public comments.
Staff Member Hemenway presented the staff report. He discussed the existing zoning
districts that permit indoor and outdoor recreation. He discussed areas of the city that are
located in industrial and commercial districts where some existing outdoor recreational
facilities are located.
Commissioner Hardie said that because many of the CS districts abut residential areas,
outdoor recreation should be listed as a conditional use rather than a permitted use.
Commission Smith said that the water park at Nauman Nursery was directly adjacent to
residential and that it generated complaints in the past.
Chairperson Bird said he felt that a conditional use permit for outdoor recreation in a CS
District would be more appropriate.
Assistant City Attorney O'Brien stated that the Commission is required to establish
conditions for the Zoning Board of Adjustment to review. Staff Member Hemenway stated
that the Commission could table the request and direct staff to draft some general
conditions that the Commission could review at the next regular meeting.
Motion by Christ, seconded by Stiles, to table the request to the September 5, 2007
meeting. Motion approved by the following vote: Aye -Smith, Hardie, Christ, Stiles and
Bird; Nay -None.
PUBLIC HEARINGIAMEND PUD1 PLEASANT VIEW ESTATES: Application of Ron
Herrig/John Herrig/Joseph Bitter to emend the PUD for Pleasant View Estates, Pleasant
View Drive to remove Section 2(G) from Ordinance 51-90 regarding time limitation for
development.
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August 1, 2007
Page 3
John Herrig, 13750 Surrey Lane, requested that the time limitation for development of the
Pleasant View Estates project tie removed.
:Jennifer Clemens-Conlon, 2080 South Park Drive, said that she represents the Pleasant
View Estates Condominium Homeowners Association. She referred to a written statement
submitted by her firm that was included with the agenda packet. She asked that the
request. be tabled or denied until the current litigation between the homeowners association
and the applicants is resolved.
Francis Lange, 1278 Dunleith Court, stated he owns undeveloped property located at the
top of Carol Street in close proximity to the subject property. He distributed aerial photos of
the area to the Commission. He discussed Section 3-5.5 of the Zoning Ordinance referring
to the PUD requirements. He discussed the rezoning process and recommended that a
new conceptual development plan for the site be resubmitted to reflect current City
standards. He said that, in lieu of submitting a new conceptual development plan, the
Commission could require the property to be rezoned to R-4 Moderate Density Multi-Family
Residential district.
Mr. Herrig discussed the development history and former ownership of the subject
property. He noted that the eight units currently developed are condos not townhouses.
Commissioner Stiles asked why the applicant had waited until now to request that the
development time requirement be removed from the PUD. Mr. Herrig stated that there
were a number of financial considerations regarding the property and that the land is
currently up for sale.
Staff Member Hemenway presented the staff report noting that the request is to remove
the development time limitation placed in the PUD by the Zoning Advisory Commission in
1990. He cited the language specifying a time limitation established in the Pleasant View
PUD for completion in 1992, and in the general PUD requirements established by the
Zoning Ordinance. He referred to aerial photos of the site noting that 8 of the 28 proposed
units have been built, but there has been no further construction since 1994. He stated
that the Commission could deny the applicant's request to remove the timeframe, approve
the request, extend the time limitation for development, or require that a new conceptual
development be submitted.
Staff Member Hemenway stated that the remedy listed in the PUD Ordinance was for the
Commission to consider directing staff to submit an application to rezone the property to R-
4 Multi-Family Residential district. He noted that R-4 zoning could be as densely
developed as the proposed PUD and that there would be no further review for development
from the Zoning Advisory Commission or City Council,. but only staff review at the site plan
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August 1, 2007
Page 4
level. He stated that if the property were to be redeveloped for townhouses with the
amount of frontage required in an R-4 district there could be approximately 14 units on the
site.
Assistant City Attorney O'Brien discussed removing the time limitation established in the
PUD. He said that to remove the time limitation the only option for the Commission is to
approve a new PUD ordinance.
Commissioner Hardie asked if there had been other PUD's with time limitations
established. Staff Member Hemenway stated that he could not recall any time limitations
being placed on PUDs in his tenure as staff for the Commission. Commissioners
discussed tabling the. request for further discussion.
Chairperson Bird asked if the Commission should consider the pending litigation in their
decision. Assistant City Attorney O'Brien stated that they are not bound to consider the
litigation.
Commissioner Hardie discussed the timeline established by the Commission in 1990 and
stated that he felt that an updated conceptual development plan is necessary before the
Commission would agree to consider the request. Commissioners Christ and Smith said
that they agreed that the timeframe should not be extended without Commission review of
anew conceptual development plan.
Assistant City Attorney O'Brien stated that the Zoning Commission does have the ability to
require a new conceptual development plan.
Motion by Stiles, seconded by Smith, to remove Section 2G from the Ordinance 51-90
regarding time limitation for development. Motion failed by the following vote: Aye -None;
Nay -Smith, Hardie, Christ, Stiles and Bird.
PUBLIC HEARINGIREZONINGIBIES DRIVE: Application of Roger Klauer to amend
conditions established in Ordinance 56-01 to allow permanent vehicle access onto Bies
Drive.
Roger Klauer, 381 Moore Heights, stated that he represents his children. He explained he
is asking the Commission to permit an access from Bies Drive onto one of the lots in the
development. He said that as they were platted separately, both lots could be sold
separately and each would need an access. He said that he originally sacrificed the
access onto Kebbie Drive to gain an approved rezoning on the property. He said that the
property is difficult to market with the lack of access onto Bies Drive.
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August 1, 2007
Page 5
Staff Member Hemenway presented the staff report. He noted that the property was
rezoned to C-3 General Commercial district in 2001 and that the rezoning was conditioned
by allowing temporary access, but no permanent access, onto Bies Drive. Staff Member
Hemenway discussed the proposed realignment for Bies Drive provided by the Engineering _
Department. He said that improvements to Bies, Sylvan and Century Drives were not
indicated in the City's five-year capital improvement program.
Commissioners discussed the street configuration at this location. They noted that Kebbie
-Drive has been replatted and it terminates in an off-set cul-de-sac with no access onto the
subject properties.
Staff Member Hemenway noted that there is a requirement fora 20 foot green space buffer
along the north boundary line of the subject property; therefore, any driveway access would
be a minimum of 20 feet removed from the adjacent residential properties. He also noted
that the Engineering Department would have to approve access onto any of the adjacent
streets through the site plan review process. Commissioners felt that the City Engineering
Department would thoroughly study access to the adjacent streets through the site plan
review process.
Motion by Christ, seconded by Smith, to approve the amendment to the conditions
established in Ordinance 56-01 to allow permanent vehicle access onto Bies Drive.
Motion carried by the following vote: Aye -Smith, Hardie, Christ, Stiles and Bird; Nay -
None.
PUBLIC HEARINGIREZONINGIBILLMEYER/MIHALAKIS: Application of Rich
Billmeyer/John Mihalakis to rezone property located at 427/429 Rhomberg Avenue &
(Parcel #10-24-216-012) from R-2A Alternate Two-Family Residential District & C-2
Neighborhood Shopping Center District to C-3 General Commercial District.
Jennifer Schmit stated that she represents the owner of Easy Street, 431 Rhomberg
Avenue. She asked that the Commission approve the rezoning of two additional parcels
adjacent to the bar and the existing C-2 parcel that the bar sits on. She said that the
business owners' intent is to expand the outdoor service for the bar.
Mary Westemeyer, 2013 Kniest Street spoke in opposition to the request. She stated that
currently the bar generates excessive noise, litter and unruly behavior. She said that
rezoning the property to C-3 may allow a whole host of other intense commercial uses that
are not appropriate next to her property.
Linda Green, 421 Rhomberg Avenue, spoke in opposition to the request. She expressed
concerns with parking in the neighborhood. She also stated concerns regarding the
amount of noise and late night activity that would be generated by the presence of bands,
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August 1, 2007
Page 6'
volleyball and other bar-related activities if the bar were to be permitted to expand onto the
two currently vacant adjacent lots.
John Kretz, 2160 Jonathan Lane, stated that he is an adjacent property owner and that he
feels that C-3 type uses are out of place in this neighborhood.
Ms. Schmit stated that there would be no glass, speakers or spotlights allowed outside of
the bar onto the vacant lots.
Staff Member Hemenway presented the staff report noting that the request is to rezone
three parcels. He said that the first parcel, the one that accommodates the bar, is zoned
C-2 and that bars are not permitted in this district. He said that the bar is grandfathered.
He said the other two parcels are zoned R-2A and used to accommodate houses that have
subsequently been removed. He referenced a petition submitted by 19 adjacent property
owners opposed to the request. He noted that all of the residences north of Kniest Street
will be removed for the Bee Branch Sewer Project. He stated that the applicants were
granted a parking variance to replace two paved parking spaces with outdoor seasonal
service. He noted that there is direct access from the bar lot to the two vacant lots. He
stated that C-3 uses at this location may generate additional noise, activity, traffic and
demand on parking.
Commissioner Stiles asked if there had been any enforcement action on the vacant
properties. Staff Member Hemenway noted that some illegal stored materials have been
removed from the lot but that the bar had been expanded onto a property without proper
rezoning. He stated that the property owners were sent written notification regarding
unlawful expansion of the bar onto the residentially zoned property.
Commissioner Hardie expressed concerns with the spectrum of uses allowed in a C-3
District and their proximity to existing residential use. Commissioner Stiles stated that he
felt C-3 zoning in this area is too intense because of the proximity to residential
development. Commissioner Smith said he agreed and that it is not appropriate to expand
the commercial use at this location. Commissioner Christ stated that C-3 commercial use
is not appropriate next to the residential neighborhood. Chairperson Bird said he felt this
rezoning is not appropriate and that he would not support it.
Motion by Christ, seconded by Smith, to approve the rezoning request as submitted.
Motion failed by the following vote: Aye -None; Nay -Smith, Hardie, Christ, Stiles and
Bird.
PUBLIC HEARINGIREZONINGITOM KANE/STEVE BOGE: Application of Tom
Kane/Steve Boge to rezone property located at the northwest corner of UniversityAvenue
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August 1, 2007
Page 7
and Alta Vista Street from R-2 Two-Family Residential District to OC Office Commercial
District and C-3 General Commercial District.
Steve Boge, 2802 Katrina Circle, and Tom Kane, 1102 Lake View Drive, explained their
request to the Commission. They said they are requesting to rezone a portion of the
Nativity Church campus to OC Office Commercial District and C-3 General Commercial
District. They said that the OC rezoning would be for the Nativity Church school buildings
and that the C-3 zoning would be located on the vacant property along University Avenue.
Mr. Boge presented an aerial photo and proposed zoning map of the property for the
Commission's review. He stated they intend to create amixed-use development in the OC
District and that they would share a portion of church's existing parking lot.
Keisha Wainwright, 264 Alpine, stated that she is the president of the Langworthy
Neighborhood Association. She said that her association and the Ivy Hilltop and Historic
Bluffs Neighborhood Associations met with the applicants. She said the members of her
association expressed concern with the potential for increased traffic and demand for on-
streetparking and inappropriate building design. She said she feels that a traffic study and
possibly a traffic light may be necessary. She said she is concerned with the loss of green
space.
Bob Steinhauser, 450 Alpine Street, spoke in opposition to the request. He expressed
concerns with traffic safety and the loss of permeable area.
Ken Schulz, 876 Yale Court, stated that he is the president of the tvy Hilltop Neighborhood
Association and that the members of the association have expressed concerns with traffic
and the potential for increasing the number of curb cuts along University Avenue.
Mel Hammerand, 997 Nevada Street, spoke in opposition to the request. He expressed
concerns with the potential for increase of traffic along Nevada Street.
Cindy Steinhauser, 450 Alpine Street, discussed the current land use surrounding the site.
She expressed concerns with traffic safety, pedestrian traffic, loss of green space and
aesthetics. She said she felt C-3 zoning is too intense at this location. She said this type
of commercial zoning is generally located along highways or arterials.
Deb Fordice, 1100 Main Street, spoke in opposition to the request expressing concerns
with potential demand for parking along University Avenue.
Donna Loewen, 1088 Melrose Terrace, indicated that she is the principal of Lincoln
Elementary School. She stated that she is speaking on behalf of the Lincoln School
community. She expressed concerns with traffic safety and the ability of children heading
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August 1, 2007
Page 8
north from Lincoln Elementary School and their ability to cross an often busy University
Avenue.
Fritz Ganshirt stated that he is a 50-year member of the Nativity Parish. He spoke in favor
of the request. He noted that the neighborhood along University Avenue is already
characterized by significant commercial activity. He said that the neighborhood has
changed in that the school is no longer open. He said he felt that the developers would
create a quality development like Fountain Park. He said the property which is not
currently taxed would be placed on the tax rolls.
Rodney Carroll, 510 W. 11th Street, said he is the president of the Historic Bluffs
Neighborhood Association. He spoke in opposition to the request citing a lack of planning
for the project. He expressed concerns with traffic, parking and aesthetics. He said that a
change from residential zoning to a C-3 district is too drastic. He said that University
Avenue at this location is a minor arterial. He read a memo provided by Gus Psihoyos,
City Engineer, regarding potential curb cuts onto University Avenue.
Jim Gonyier, 935 Oxford Street, spoke in opposition to the request. He said that
conversion of open space to commercial development property is a shock to the
neighborhood. He said that there are large trees on the property. He said that the church
has placed conditions on the developer for the use of the Nativity school space. He felt
that the buildings could be converted to residential use.
Greg McGinn, 1125 Glen Oak, said he was with Nativity Church. He spoke in favor of the
request. He said he feels that Mr. Kane and Mr. Boge would do the best adaptive reuse of
the property. He said that the building will sit unused if not redeveloped. He stated that the
neighborhood is changing.
Paul Sigwarth, 1135 Wood Street, said he is a member of Nativity Parish. He spoke in
favor of the request. He stated that Nativity did not rush in to the decision to sell the
property. He said that there has been a substantial change to the neighborhood because
the school is not in operation. He said this has reduced traffic. He said he feels that all of
the commercial uses on University Avenue are compatible with C-3 zoning. He said
services are needed in the neighborhood.
Steve Boge agreed that traffic will be increased; however, he said Nativity School is no
longer open. He said that a traffic study takes time to do and there is a closing coming up
soon for the property. He stated that the property would be put back on the tax rolls. He
stated peak traffic is during 7:00 - 8:00 a.m. and from 3:00 - 5:00 p.m. He said the Parish
agreement says the developers will not establish any business that would be detrimental to
the parish. He said their plans would enhance the neighborhood and noted that the parish
has placed restrictions that would not allow bars or other uses detrimental to the church.
Minutes -Zoning Advisory Commission
August 1, 2007
Page 9
He noted traffic counts are 9,800 cars per day. He also noted that one block to the north is
a controlled intersection. He stated they spoke with some convenience store owners
regarding the property. He stated a curb cut on to University Avenue may be approved by
the Engineering Department; and is critical to the project.
Staff Member Hemenway presented the staff report. He distributed a petition and a letter
from Jim and Julie Gross, 2345 Clarke Crest Drive, in opposition to the request. He said
the request is to rezone 2.5 acres from R-2 to OC and C-3. He said that 1.5 acres is for C-
3and 1 acre isfor OC that includes Nativity School buildings.
Chairperson Bird noted that he does not have a problem with the OC zoning; however, he.
is not in favor of the C-3 zoning because of its intensity. He stated he would like to see
more information regarding traffic for the development. Commissioner Stiles agreed. He
said that the area has indeed changed with the closing of the school; however, he would
like to see a more concrete plan for the area proposed to be zoned C-3.
Commissioner Smith stated he feels C-3 is too intense for this location. Commissioner
Christ agreed saying that C-3 is too intense for the adjacent neighborhood and that traffic
at this location is an issue. Commissioner Hardie said that he has difficulty supporting both
the OC and the C-3 rezoning because of their close proximity to residential development.
Chairperson Bird asked the applicants if they would be willing to table this request and
meet with the neighborhood to try to arrive at a compromise.
The applicants agreed and asked that their request be tabled.
Motion by Stiles, seconded by Smith, to table the rezoning request to the September 5,
2007 meeting. Motion carried by the following vote: Aye -Smith, Hardie, Christ, Stiles
and Bird; Nay -None.
ADJOURNMENT: The meeting adjourned at 8:50 p.m.
Respectfully submitted,
Guy Hemenway, Assistant Planner Adopted
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