Minutes Zoning Advisory 9 5 07MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
Wednesday, September 5, 2007
6:30 p.m.
Auditorium, Carnegie Stout Library
360 W. 11th Street, Dubuque, Iowa
DRAFT
PRESENT: Chairperson Eugene Bird, Jr.; Commissioners Stephen Hardie, Martha Christ
and Jeff Stiles; Staff Members Kyle Kritz and Guy Hemenway.
ABSENT: Commissioners Dick Schultz and Ron Smith.
AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying that
the meeting was being held in compliance with the Iowa Open Meetings Law.
CALL TO ORDER: The meeting was called to order at 6:30 p.m.
MINUTES: The minutes of the August 1, 2007 meeting were approved as submitted.
ACTION ITEMITEXT AMENDMENTICALLAHAN: Application of Joel Callahan, Callahan
Construction Inc., for approval of a text amendment to amend Section 3-3.6 CS
Commercial Service & Wholesale District of the Zoning Ordinance to allow for indoor and
outdoor recreation facilities.
Motion by Hardie, seconded by Christ, to bring the item back to the table. Motion was
approved by the following vote: Aye -Bird, Hardie, Christ and Stiles; Nay -None.
Staff Member Kritz clarified the request. He said that staff, in response to a request from
the Commission, developed four conditions for outdoor recreation as a conditional use. He
stated that he did not get specific regarding landscaping, giving the Zoning Board of
Adjustment latitude as to the kind of screening they feel is necessary.
There were no public comments.
Commissioners discussed the request and felt that it addressed the concerns raised at the
August 1, 2007 meeting by providing the Zoning Board of Adjustment with the flexibility to
insure an outdoor recreation use is compatible with adjacent uses.
Motion by Hardie, seconded by Christ, to approve indoor recreation as a permitted use and
outdoor recreation as a conditional use in the CS District. Motion was approved by the
following vote: Aye -Bird, Hardie, Christ and Stiles; Nay -None.
ACTION ITEMIPLAT OF SURVEYIROWE: Application of John & Emily Rowe/Buesing &
Associates for approval of the Plat of Survey of Waller Addition located along Lakeview
Drive in Dubuque County.
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September 5, 2007
Page 2
Emily Rowe, 11200 Lakeview Drive, said that she wants to square off her lot to allow for
the sale of property between the two existing owners.
Staff Member Kritz stated that the plat creates four lots; therefore, requiring approval of a
subdivision. He said two of the lots are not developable, and are indicated as such on the
plat. He added that staff has no objections to the subdivision.
There were no public comments.
Commissioners discussed the request and said they had no objection to the plat as
submitted.
Motion by Hardie, seconded by Stiles, to approve the Plat of Survey of Waller Addition,
subject to waiving lot frontage requirements for Lots 2, 3 and 4. Motion was approved by
the following vote: Aye -Bird, Hardie, Christ and Stiles; Nay -None.
ACTION ITEMIPRELIMINARY PLATIMCNAMER: Application of Marty McNamer/North
Cascade Road Developers LLC for approval of the Preliminary Plat Timber-Hyrst Estates
#2 located at the extension of Creekwood Drive.
Ken Buesing, Buesing and Associates, 1212 Locust Street, said that he represents Marty
McNamer and North Cascade Road Developers, LLC. He said he had just received a
letter from City Engineer Gus Psihoyos regarding recommended improvements. He said
that he felt the subdivision had preliminary approval from the City. He asked, in light of the
recent recommendations from the City Engineering Department, that the preliminary plat
be tabled until the outstanding issues could be resolved.
The Commissioners agreed to table the request.
Motion by Hardie, seconded by Christ, to table the preliminary plat ofTimber-Hyrst Estates
#2 until the next regular meeting. Motion was approved by the following vote: Aye -Bird,
Hardie, Christ and Stiles; Nay -None.
ACTION ITEMIPRELIMINARY PLATIKIVLAHAN: Application of John Kivlahan/Buesing &
Associates for approval of the Preliminary Plat of Pebble Cove #2 located along the
Northwest Arterial.
John Kivlahan, 4922 Wild Flower Drive, stated that he is asking the Commission to accept
the preliminary plat of Pebble Cove #2 in conjunction with a rezoning.
Staff Member Kritz outlined the request, describing the street layout, access to water and
sewer, subdivision access, previous use of the property and storm water control measures.
Staff noted the need to waive lot frontage and cul-de-sac length standards.
There were no public comments.
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September 5, 2007
Page 3
Commissioners discussed the request, and felt that it was reasonable.
Motion by Hardie, seconded by Christ, to approve the preliminary plat of Pebble Cove #2,
subject to waiving the lot frontage requirement for Lot A and the cul-de-sac length standard
for Charleston Court. Motion was approved by the following vote: Aye -Bird, Hardie,
Christ and Stiles; Nay -None.
ACTION ITEMIFINAL PLATIHENSCHEL: Application of Thomas & Sheri Henschel for
approval of the Final Plat Henschel's Hidden Acres located west of Miller Road Terminus
(Lot 2 Henschel's Hidden Acres).
Tom Henschel, 995 June Drive, said that he would like to split the lot to facilitate building a
new residence.
Staff Member Kritz discussed the lot location stating that there is a 50-foot easement for
extension of Miller Road across Lot 1 to serve Lot 2. He said the property is located
outside of the 100-year flood plain. He reviewed the existing structures on the property,
street access to the proposed parcels, and availability of City water and sewer. He noted
the need to waive lot frontage for Lot 2.
There were no public comments.
Commissioners discussed the request and found that it was reasonable.
Motion by Hardie, seconded by Stiles, to approve the final plat of Henschel's Hidden Acres,
subject to waiving tot frontage requirements for Lot 2. Motion was approved by the
following vote: Aye -Bird, Hardie, Christ and Stiles; Nay -None.
PUBLIC HEARINGIREZONINGIMCNAMER: Application of Martin McNamer/NCR
Developers to rezone property located along Creek Wood Drive from R-2 Two-Family
Residential District to R-1 Single-Family Residential District.
Terry Mozena, 1036 W. 3~d Street, said that he represents Marty McNamer. He said that
the request was to down zone from R-2 Two-Family Residential to R-1 Single-Family
Residential.
Staff Member Kritz discussed the existing subdivision, noting the location of the 13-acre
subject parcel. He reviewed the surrounding zoning and land use. He said that the
rezoning was undertaken in an effort to allow horses as a conditional use on the property
as part of a prospective land sale.
There were no public comments.
Commissioners discussed the request and found that it was appropriate.
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September 5, 2007
Page 4
Motion by Stiles, seconded by Christ, to approve the rezoning as submitted. Motion was
approved by the following vote: Aye -Bird; Hardie, Christ and Stiles; Nay -None.
PUBLIC HEARINGIREZONINGIMCCLAIN: Application of Jim & Diane McClain/Don
Bycroft to rezone property located at 1605 Kebbie Drive from R-1 Single-Family Residential
District to R-2 Two-Family Residential District.
Don Bycroft reviewed his request with the Commission. He said that he wants to rezone to
R-2 to enable him to construct a duplex on the subject lot.
Staff Member Hemenway discussed the size of the parcel, surrounding zoning and land
use, and the existing structures on the property. He noted that the property currently
accommodates a legally non-conforming mobile home.
There were no public comments.
Commissioners discussed the request and found that it was appropriate.
Motion by Christ, seconded by Hardie, to approve the rezoning as submitted. Motion was
approved by the following vote: Aye -Bird, Hardie, Christ and Stiles; Nay -None.
PUBLIC HEARINGIREZONINGIKIVLAHAN: Application of John Kivlahan to rezone
property along the Northwest Arterial from C-3 General Commercial District to R-2 Two-
Family Residential District.
John Kivlahan, 4922 Wild Flower Drive, stated that he wants to rezone the property to be
able to develop it for townhouses.
Staff Member Kritz said that the request was a down zoning. He said the property was
rezoned to C-3 General Commercial 10 years ago, but no development had occurred
subsequently. He said the only access to the property is from a farm access along the
Northwest Arterial. He said that the rezoning will facilitate the development of Pebble Cove
No. 2 Subdivision.
There were no public comments.
Commissioners discussed the request and found that it was appropriate.
Motion by Stiles, seconded by Christ, to approve the rezoning as submitted. Motion was
approved by the following vote: Aye -Bird, Hardie, Christ and Stiles; Nay -None.
PUBLIC HEARINGI REZONINGIHENSCHEL: Application of Thomas & Sheri Henschel to
rezone property located at west of Miller Road Terminus (Lot 2 Henschel's Hidden Acres)
from AG Agricultural District to R-1 Single-Family Residential District.
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September 5, 2007
Page 5
Tom Henschel, 995 June Drive, reviewed his request with the Commission.
Staff Member Hemenway reviewed access issues, stating that there was a platted
easement along Miller Road to the subject property. He discussed utility locations and the
potential for extension of City services to the property. "
There were no public comments.
Commissioners discussed the request and found that it was appropriate.
Motion by Christ, seconded by Stiles, to approve the rezoning request as submitted.
Motion was approved by the following vote: Aye -Bird, Hardie, Christ and Stiles; Nay -
None.
PUBLIC HEARINGIAMEND PUDIMEDICAL ASSOCIATES CLINIC: Application of Robert
Hartig/Medical Associates Clinic to rezone property located 1500 Associates Drive to
amend the Medical Associates Clinic Planned Unit Development District to redesignate
existing greenway buffer for business uses.
Bob Hartig, representing Medical Associates Clinic, conducted a PowerPoint presentation.
He said that Medical Associates needs growth area for campus expansion. He discussed
the building location, parking configuration, site access, storm water management and
potential noise and activity for the building. He said that the value of neighboring
properties would not be diminished. He discussed existing and proposed screening.
Holly Young, 901 9th Ave., SE, Cascade, Iowa, said that she owns property along Cora
Drive directly adjacent to the proposed development. She spoke in opposition to the
request, expressing concerns with property value, a decrease in desirability for property
sale, storm water control, noise, truck traffic, increased commercial activity, and security
lighting. She said that other options were available for Medical Associates expansion.
Mary Pat Kerper, 3830 Cora Drive, spoke in opposition to the request. She said that 100%
of the adjacent property owners signed a petition in opposition. She said that she has
collected additional signatures of others in the neighborhood opposed to the rezoning. She
said that existing storm water problems would be exacerbated by the development. She
expressed concerns with traffic safety and storm water management. She said that
Medical Associates has other expansion options on their campus.
Eric Kaufman, 2456 Hilton Springs Drive, said that he owns property at 3814 & 3816 Cora
Drive. He spoke in opposition to the request, expressing concerns with storm water
management, truck access and potential loss of view from the back of properties.
Marcus Albers and Emily Bush, 3828 Cora Drive, spoke in opposition to the request,
expressing concerns with the loss of view and buffer area, storm water management and
storm sewer capacity.
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September 5, 2007
Page 6
Richard Stumpf said that he lives with his mother at 3840 Cora Drive. He expressed
concerns with storm water management, the proximity of the proposed commercial building
to his property and the potential for an increase in the mosquito population. He said that
Medical Associates does not currently maintain the lawn area.
Bob Hartig stated that much of the storm water in the neighborhood was generated by
adjacent properties. He said that storm water would be managed when the property was
redeveloped and that landscaping would be more likely to be maintained. He said that the
proposed building will screen most of the noise from the adjacent properties. He said that
there would be no parking behind the building and, therefore, no security lighting would be
necessary. He said that landscaping placed at the top of the berm will still afford a
minimum of 50 feet of green space buffer.
Staff Member Kritz distributed aerial photos and standard photos of the site. He discussed
the property history and recent amendments to Medical Associates Planned Unit
Development. He discussed the site size and layout, and noted that areas designated for
business use are subject to C-3 District standards for allowed uses and setbacks. Staff
Member Kritz said that the rear yard C-3 setback for this property would be 36 feet. He
discussed access to the property and the uses permitted in the C-3 District. He said that
the Zoning Advisory Commission had the ability to place additional restrictions, including
setbacks, height limitations, access and screening requirements for the property. He
asked that the Zoning Advisory Commission make a separate vote regarding extension of
the 1996 PUD concept plan for the Medical Associates Campus regardless of their
recommendation on the requested amendment. He said the Zoning Advisory Commission
has the authority to extend the time frame for the 1996 PUD concept plan under Section 3-
6.5 of the Zoning Ordinance.
Commissioners discussed the photographs provided by staff. Commissioners discussed
the original intent of the green space. Commissioners Hardie and Stiles said they felt the
green space was also created as a buffer for the adjacent residential properties.
Commissioner Christ said that she feels that the property should be left as a green space
buffer for the neighbors. Commissioner Hardie said that while Medical Associates
representation has made a compelling argument for the amendment, it does not warrant an
amendment to the Ordinance to eliminate the green space. He said he feels that Medical
Associates has room elsewhere on the campus for expansion.
Chairperson Bird said that the applicant made an excellent presentation; however, he saw
no reason to eliminate the green space buffer.
Motion by Stiles, seconded by Christ, to approve the amendment to Medical Associates
Clinic Planned Unit Development. Motion was denied by the following vote: Aye -None;
Nay -Bird, Hardie, Christ and Stiles.
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September 5, 2007
Page 7
PUBLIC HEARINGIREZONINGIKANE/BOGE: Application of Tom Kane/Steve Boge to
rezone property rezone property located at the northwest corner of University Avenue and
Alta Vista Street from R-2 Two-Family Residential District to PUD Planned Unit
Development District.
Tom Kane discussed his request with the Commission. He said that there would be no
new accesses to adjacent streets, and that the access to Nevada Street would be widened.
He said the intent is to construct new student housing along UniversityAvenue and convert
the existing school building to additional residential units. He said that landscaping would
be added along University Avenue, and that the new building would be brick with a hip roof.
He said he felt that dwellings of this nature would be attractive to the local college
population and that the project would fit in with the neighborhood and not negatively impact
parking on local streets.
Steve Boge said that the new building would be setback 10 feet from the University Avenue
property line with no direct access to University Avenue. He reviewed the submitted
landscape plan. He said that the proposed 10 foot setback is necessary to maximize the
proposed court yard area for the new building. He said the new building will have study
areas, bike storage, a laundry, and an elevator. He said that remodeling the existing
building is a challenge, but the architectural value of the building is such that it can be
reconstructed to provide good dwelling units. He said that the existing trees on the site
would be preserved to the extent possible, and that cut-off lighting will be utilized. He said
that the existing drive to Nevada Street would be widened to accommodate two-way traffic.
Mr. Kane noted that they have met with neighbors and neighborhood groups.
Commissioner Hardie asked the applicants to review the proposed landscaping along
University Avenue. Steve Boge reviewed the landscape plan, noting that it was very
preliminary and that specific plant species had not yet been determined. Mr. Kane said
they are also considering a decorative fence along University Avenue similar to the fencing
used for Fountain Park.
Jim Gonyier of the Hilltop Ivy League Neighborhood Association, asked how many existing
trees are shown on the revised PUD. He said that while he is favorable toward residential
development, he feels that much of the existing landscaping should be preserved.
Cindy Steinhauser, 450 Alpine Street, stated that Mr. Kane had met with the neighbors and
they are generally supportive of the proposal because there is no vehicular access to
University Avenue. She said the neighbors support new residential development. She
stated she would like to see additional landscaping and high quality exterior facade for the
building, including six foot bumps-out along 50 percent of the building facade. She
recommended that the Commission require the landscaped area along University Avenue
be expanded from 10 feet to 12 feet in width and that the applicants be required to
incorporate additional landscaping materials, including berms and a wrought iron
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September 5, 2007
Page 8
decorative fence. She asked that the Commission require that existing trees on the site be
preserved, and that the PUD specifically prohibit commercial uses.
Rodney Carroll, 510 W. 11t" Street, said that he does not object to the use of the property
for residential purposes. He said, however, he is concerned with the lack of specificity for
the plan and the lack of design details. He said that he feels the PUD needs to be much
more concise.
Terry Mozena, 1036 W. 3~d Street, expressed concerns with traffic along Nevada Street
because it is narrow. He recommended that the Commission require historic lighting. He
said he feels the conceptual plan should be more specific.
Tom Kane stated that he agrees with placing additional restrictions on the commercial uses
for the property. He said that he feels he has addressed traffic control, noting that primary
access would be on to Alta Vista, and that the Nevada Street access will be secondary and
used much less. He said that storm water detention will be incorporated into the parking lot
and green space areas.
Steve Boge stated that the building will incorporate the design elements requested by the
neighbors, and will not exceed the proposed setbacks.
Staff Member Hemenway reviewed the changes to the request from the previous rezoning.
He discussed the provisions outlined in the draft PUD Ordinance, reviewed the submitted
conceptual plan and discussed the landscaping plan. He stated that the landscaping plan
lacked specifics regarding the type and size of plantings. He reviewed access, street
widths, and on and off-street parking requirements. He reviewed the surrounding land
uses. He reiterated the standards established for reviewing PUDs. He noted that the plan
lacked many of the specifics required by the PUD ordinance.
Commissioner Hardie said that the residential concept is refreshing, in that it takes into
account the neighbors' concerns and incorporates their ideas. He said that he is in support
of the concept, but he needs more specific details regarding landscaping and building
design. He said he felt at least 75% of the University Avenue frontage should be brick
facade, and that historic lighting should be installed. Commissioners, in general, agreed
with Commissioner Hardie's ideas.
Chairperson Bird asked if the applicants would be willing to attend the next Zoning Advisory
Commission meeting and bring more details regarding the plan. Mr. Kane said that the
timetable for closing on the property was November 1St, and thus did not afford him the
ability to bring a detailed building design back to the Commission.
Commissioners discussed alternatives for approval of the PUD with requirements for
further review of building design and landscaping. Commissioners agreed that they need
specifics regarding landscaping, building design, lighting, traffic analysis provided by an
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September 5, 2007
Page 9
engineering consultant, location of existing trees on the lot and those to be removed, if any
and fencing details, if any.
Commissioner Hardie stated that the Commission does not need an architectural rendering
or elevations, but would like to see specific architectural styles that the applicants are
interested in constructing.
Motion by Hardie, seconded by Bird, to table the request until the October 3, 2007 Zoning
Advisory Commission meeting. Motion was approved by the following vote: Aye -Bird,
Hardie, Christ and Stiles; Nay -None.
ITEMS FROM PUBLIC: Rich Billmeyer, representing Easy Street Bar at 429 Rhomberg
Avenue, said that the bar owners and property owners would like to request a
reconsideration of their rezoning, which was denied at the August 1, 2007 Zoning Advisory
Commission meeting. He said that they would like to correct some misconceptions
regarding the bar operation.
Commissioners discussed the request and decided that it was appropriate to re-hear the
rezoning request.
Motion by Hardie, seconded by Bird, to reconsider the rezoning request at the October 3,
2007 Zoning Advisory Commission meeting. Motion was approved by the following vote:
Aye -Bird, Hardie, Christ and Stiles; Nay -None.
ITEMS FROM COMMISSION: Commissioners decided to extend the Medical Associates
Planned Unit Development Concept Plan for 10 years.
Motion by Hardie, seconded by Christ, to extend the Medical Associates PUD for 10 years
from the date of the meeting. Motion was approved by the following vote: Aye -Bird,
Hardie, Christ and Stiles; Nay -None.
ADJOURNMENT: The meeting adjourned at 9:15 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted