Minutes Zoning Advisory 10 3 07MINUTES
ZONING ADVISORY COMMISSION O
REGULAR SESSION ~~
Wednesday, October 3, 2007 1~,.1
6:30 p. m.
City Council Chamber, 2"d Floor
Historic Federal Building
350 W. 6th Street, Dubuque, Iowa
PRESENT: Chairperson Eugene Bird, Jr.; Commissioners Ron Smith, Stephen Hardie,
Martha Christ, Charles Miller, Dick Schiltz and Jeff Stiles; Staff Members Guy
Hemenway and Kyle Kritz.
ABSENT: None.
CALL TO ORDER: The meeting was called 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 September 5, 2007 meeting were approved unanimously as
submitted.
ACTION ITEMIPRELIMINARY PLAT\NCR DEVELOPERS LLC: Application of Marty
McNamer/North Cascade Road Developers LLC for approval of the Preliminary Plat Timber-
Hyrst Estates #2 located along the extension of Creek Wood Drive.
Marty McNamer discussed his project, stating that his intention is to extend Creek Wood Drive
and add 80 lots to the subdivision.
Staff Member Kritz discussed the phasing of the project and extension of the streets. He said
that the area to be developed is outside of the Highway 32 (Southwest Arterial) Corridor. He
said that the cul-de-sac at the end of Creek Wood Drive has been shifted westward. He said
that the City of Dubuque Fire Department has reviewed the plan and has preliminarily approved
it with the recommendation that an automated gate system for emergency access be added. He
said that City staff is satisfied with the plan and recommended the Commission approve the
preliminary plat subject to waiving the maximum cul-de-sac length and waiving the lot frontage
requirement for Lot F.
Commissioners discussed the request and felt that a subdivision of this size should have park
area. Mr. McNamer said that a portion of the development will be made into a park. He said
also that Lot F is approximately 22 acres in size and could be converted to some form of
recreational opportunityforthe City. Commissioners said they feltthat itwas importantthat park
area be required.
Motion by Stiles, seconded by Smith, to approve the preliminary plat ofTimber-Hyrst Estates No.
2 subject to waiving the maximum cul-de-sac length and minimum lot frontage for Lot F,
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October 3, 2007
Page 2
providing for park area within the subdivision and that the final plat is submitted to the Zoning
Advisory Commission for review. Motion carried by the following vote: Aye -Smith, Hardie,
Christ, Miller, Schiltz, Stiles and Bird; Nay -None.
ACTION ITEMIFINAL PLATIHANNA: Application of Isaac Hanna, LLC/George Isaac
for approval of the Final Plat Isaac Hanna Subdivision located along Old Highway Road.
Tom Oster, IIW Engineering, discussed the plat layout including the location of the property and
detention area, number of lots, access to the property, and commercial lot area.
Staff Member Kritz outlined the property history, lot layout, easement locations and the
development proposal for the commercial properties. Staff noted that the IDOT has been
provided a copy of the plat as per the U.S. Highway 20 Corridor Preservation zone and had no
objection to its approval. He recommended approval as the plat was in substantial compliance
with the City standards.
Motion by Hardie, seconded by Christ, to approve the final plat of Isaac Hanna Subdivision as
submitted. Motion carried by the following vote: Aye -Smith, Hardie, Christ, Miller, Schiltz,
Stiles and Bird; Nay -None.
ACTION ITEMIPLAT OF SURVEYICITY OF DUBUQUE: Application of City of Dubuque
for approval of the Plat of Survey of Lot 1-land Lot 2-1 of a part of Lot 1 of Milwaukee
Industrial Tract No. 1 located at 5~' and White Streets.
Staff Member Hemenway reviewed the plat, noting that the City subdivided a small portion of a
large lot to accommodate a Port of Dubuque sign. He said that the City would maintain
ownership and control of the property, and that nothing else would be built on it. He said that
Zoning Advisory Commission review and approval is necessary because the lot does not have
the minimum required lot area or lot frontage.
Motion by Stiles, seconded by Smith, to approve the Plat of Survey of Lot 1 of 1 and Lot 2 of 1 of
Part of Lot 1 of Milwaukee Industrial Tract No. 1, subject to waiving minimum lot area and lot
frontage requirements for Lot 2 of 1. Motion carried by the following vote: Aye -Smith, Hardie,
Christ, Miller, Schiltz, Stiles and Bird; Nay -None.
ACTION ITEM\PRELIMINARY PLATIMCDERMOTT Application of Larry McDermott/ English
Ridge LLC for approval of the Preliminary Plat of English Ridge Subdivision located east of
Stone Valley Drive on the west side of English Mill Road.
Ron Klein, 15318 Holstein Lane, Sherrill, representing the applicant, spoke in favor of the
request and offered to answer questions.
Staff Member Kritz discussed the subdivision, location, layout and access. He said that the
subdivision will include eight new public streets that will be built to City standards. He said that a
stub street and utilities will be extended to the Haupert property. He said that John and Carolyn
Haupert have expressed concerns regarding traffic in a letter provided to the Commissioners.
He discussed the future interchange with the Southwest Arterial and U.S. Highway 20. He said
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October 3, 2007
Page 3
that it is anticipated that the bulk of the traffic from this subdivision will use U.S. Highway 20. He
said that a small portion of the subdivision is within the U.S. Highway 20 Corridor Preservation
zone and that the entire subdivision is within the Highway 32 (Southwest Arterial) Moratorium
area and that copies of the subdivision plat have been sent to the IDOT who is in the process of
reviewing them. He said that the City Council has the latitude to approve the subdivision if they
feel it will have a minor impact on the arterial corridor. He recommended that, if approved, the
plat be conditioned on receiving final approval from the Iowa Department of Transportation.
Staff Member Kritz noted that the Engineering Department expressed concerns with Lots 63 &
75, noting that they had direct driveway access onto Stone Valley Drive. He recommended the
Commission require the lots to be consolidated into the adjacent lots so that direct drive access
onto Stone Valley Drive was not necessary.
Commissioners asked if English Mill Road would be improved in the near future. Staff Member
Kritz said that as English Mill Road is currently located in the County and that there are no plans
to improve it as of this date. He said that if the area was to develop, improvements to the
roadway may follow.
Commissioners discussed the request and felt that it was advisable to require park area and
bike lanes for the subdivision.
Motion by Hardie, seconded by Stiles, to approve the Preliminary Plat of English Ridge
Subdivision subject to final approval from the Iowa Department of Transportation with the
conditions that:
1) Direct access from the residential lots to Stone Valley Drive is prohibited;
2) A bike lane be added along Stone Valley Drive in lieu of parking on one side of the
street; and
3) Lots 39, 40 and 41 are dedicated as park area with one access to Stone Valley Drive
from Lot 39.
4) That the final plat be submitted to the Zoning Advisory Commission for review.
Motion carried by the following vote: Aye -Smith, Hardie, Christ, Miller, Schiltz, Stiles and Bird;
Nay -None.
ACTION ITEM\PLAT OF SURVEYICLAUSSEN: Application of Wm. Burger/Paul & Cathleen
Claussen for approval of the Plat of Survey Claussen Place located north of the Lenox
Street/Pennsylvania Avenue Intersection.
The applicant was not in attendance.
Staff Member Kritz said that the lots currently are served by a private street and are currently
non-conforming. He noted that the lot area and frontage for Lot 2 and lot frontage for Lot 1 need
to be waived. He said that the proposed subdivision will allow transfer of property but will not
create an additional building lot. He said City staff recommends approval of this plat.
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October 3, 2007
Page 4
Motion by Christ, seconded by Stiles, to approve the Plat of Survey of Claussen Place subject to
waiving required lot frontage for Lots 1 & 2 and required lot area for Lot 2. Motion carried by the
following vote: Aye -Smith, Hardie, Christ, Miller, Schiltz, Stiles and Bird; Nay -None.
PUBLIC HEARING\REZONINGIMCDERMOTT: Application of Larry McDermott/English Ridge
LLC to rezone property from C-3 General Commercial District to R-1Single-Family Residential
District East of Stone Valley Drive on the west side of English Mill Road.
Ron Klein, 15318 Holstein Lane, Sherrill, Iowa, representing the applicant, spoke in favor and
said that he would like to rezone to create a residential buffer for the property as part of the
English Ridge Subdivision.
Staff Member Kritz said that the request is to rezone from C-3 to R-1 in the English Ridge
Subdivision. He reviewed location of the property, surrounding land use and zoning, and that
the request represents a down zoning.
Chairperson Bird entered a letter into the record submitted by John and Carolyn Haupert
expressing concerns with residential development and increased traffic in the area.
Commissioners discussed the request to rezone the property from C-3 General Commercial to
R-1 Single-Family Residential district, and said that they feel that because this is a down zoning,
it is appropriate for the area.
Motion by Smith, seconded by Hardie, to approve the rezoning as submitted. Motion carried by
the following vote: Aye -Smith, Hardie, Christ, Miller, Schiltz, Stiles and Bird; Nay -None.
PUBLIC HEARINGIAMEND PUD\CEDAR LAKE BLDG GROUP LLC: Application of Cedar
Lake Building Group LLC/Hansel Builders, Inc. to amend the Cedar Lake Planned Unit District to
allow five (5) multi-family residential structures with a total of 60 dwelling units located along
Lake Ridge Drive.
Staff Member Kritz said that the applicant has requested that the application be tabled.
Motion by Stiles, seconded by Christ, to table the request to amend Cedar Lake Planned Unit
District. Motion carried by the following vote: Aye -Smith, Hardie, Christ, Miller, Schiltz, Stiles
and Bird; Nay -None.
PUBLIC HEARINGIREZONING (TABLED) KANE/BOGE: Application of Tom Kane/Steve
Boge (tabled from the September 5, 2007 meeting) to 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.
Staff Member Kritz noted that the applicants have submitted a letter asking to withdraw their
request.
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October 3, 2007
Page 5
Motion by Miller, seconded by Christ, to approve the request to withdraw the rezoning request.
Motion carried by the following vote: Aye -Smith, Hardie, Christ, Miller, Schiltz, Stiles and Bird;
Nay -None.
PUBLIC HEARINGIREZONINGIKRESS/EHLINGER: Application of Nicole Ehlinger/Kress
Industrial Facility LLC to rezone property located along Seippel Road from R-1 Single-Family
Residential District to CS Commercial Service and Wholesale District.
Toby Kress, Kress Industrial, reviewed his request with the Commission, noting the previous
rezoning request on the property. He said that he has met with neighbors regarding some of the
outstanding issues. He said he offered to leave a 50-foot buffer adjacent to the residential
properties, and to limit the uses on the properly exclusively to miniwarehousing.
Joe Wysocki, 14946 Old Highway Road, submitted a letter outlining concerns with the proposed
rezoning. He stated that he represents neighbors located in the immediate vicinity of the subject
property and he introduced those neighbors in the audience to the Commission. He said that the
property was originally rezoned to R-1 as part of an annexation and that at that time, the
Commission and City Council noted that R-1 property was compatible with the adjacent existing
single-family residential development. He said that he is concerned with the spectrum of uses
permitted in the CS district and their compatibility with the adjacent residential development. He
said that while mini-storage may be appropriate, many of the other uses permitted in the CS
district would not be. He discussed problems with storm water management for the property.
He stated that the neighbors object to the rezoning until a site plan and storm water
management plan is submitted. He read a list of neighbors in the vicinity that he said are
opposed to the rezoning.
Diane Brehm, 14258 Cottingham Road, spoke in opposition to the request. She stated that she
agreed with the concerns raised by Mr. Wysocki, and that currently the subject property's storm
water is directed under Seippel Road and onto her property creating an erosion problem.
Mr. Kress stated that his intention is to detain storm water on-site and to resolve any outstanding
storm water management issues. He said that he would agree to limit the mini-storage hours of
operation and to provide a vegetative screen within the 50-foot buffer along the north property
line between his lot and the residences. He said that he is willing to limit the uses exclusively to
mini-storage for the property.
Staff Member Hemenway reviewed the request to rezone the eight acre parcel. He noted the
previous request and discussed the minutes of the previous rezoning meeting. He reviewed
discussions with City Engineering regarding storm water management for the property,
surrounding zoning and land use, existing access to Seippel Road, and the proposed disposition
of the City property adjacent to the subject parcel.
Staff and Commission reviewed the discussions and issues raised at the original November
2005 rezoning meeting. Commissioners discussed alternatives for storm water management.
Commissioners discussed whether to condition the CS zoning to limit the uses or to require a
PUD with a conceptual plan and storm water management plan. Commissioners said they felt
that this property would ultimately be developed for commercial purposes. Commissioners
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October 3, 2007
Page 6
discussed limiting the number of CS uses, requiring an increased setback and vegetative
screening/fencing, required storm water management and paved vehicle use area.
Commissioners also discussed limiting the hours of operation and requiring cut-off lighting for
the site.
Motion by Christ, seconded by Stiles, to approve the rezoning from R-1 Single-Family
Residential to CS Commercial Service with the conditions that:
1) That uses 17 -Auto Service Centers, 19 -Auto Repair/Body Shop, 20 -Truck
Sales/Service Repair, 21 -Farm Implements, Sales and Service, 31 -Freight Transfer
Facilities; 32 -Fuel/Ice Dealers and Manufacturing, 33 -Agricultural Supply Sales, 37 -
Engine/Motor Sales, Service and Repair, 38 -Refrigeration Equipment and Supply, Sales
and Service; 40 -Welding Services; 41 -Animal Hospital/Clinic; and 42 -Kennel, be
eliminated from the list of permitted uses in the CS District.
2) That a 50-foot buffer be provided along the residentially-zoned property line.
3) That a vegetative buffer be provided along the residentially-zoned property line as per City
Landscaping and Screening requirements.
4) That the entire site shall be fenced and secured with a gated entrance.
5) That on-site storm water detention is required.
6) That all vehicle use areas be paved.
7) That the hours of operation be limited from 6:00 a.m. to 10:00 p.m.
8) That any new outdoor lighting fixture shall utilize cut-off luminaries.
Motion carried by the following vote: Aye -Hardie, Christ, Miller, Schiltz, Stiles and Bird; Nay-
Smith.
PUBLIC HEARING\REZONING RECONSIDERATION: Application of Rich Billmeyer/John
Mihalakis to request reconsideration of a request to rezone property from R-2A Alternate Two-
Family Residential District & C-2 Neighborhood Shopping Center District to C-3 General
Commercial District.
Jason Winter, David Schmidt, and Rich Billmeyer reviewed the request to rezone the property at
427/429 Rhomberg Avenue and the abutting vacant lot from C-2 and R-2A to C-3 to enable
them to expand their business to provide outdoor service for the bar. They stated that they run a
good operation and have not received any complaints regarding their bar business.
A petition in opposition was received and filed. Mary Westemeyer, 2013 Kniest Street, said that
the existing bar is grandfathered and that there have been many problems associated with its
operation, including noise, parking, profanity, and broken glass. She said if the proposal to
rezone is approved, the bar will expand and increase the current problems. She noted that
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October 3, 2007
Page 7
there are no other C-3 properties in the area and that, if the bar closes in the future, any one of
the permitted uses in the C-3 district could be located on the property. She said many of these
uses are not compatible with the adjacent residential property.
Linda Green, 421 Rhomberg, stated that she lives next door to the fenced area and has had
problems with parking, noise and noted that no permits were obtained prior to doing work on the
property.
Tim Hess, 2013 Kniest Street, said that he has experienced problems with noise, yelling and
other misbehavior. He said approving the rezoning will only increase these problems.
Theresa Caldwell, 1633 Elm Street, said that this property is located in one of the most densely
developed residential areas of the city. She said she is concerned with the potential noise and
other negative impacts on the neighborhood.
The applicants stated that they have not violated any laws and that the fence was put up to stop
problems with illegal parking. He said that they have had few police calls and that the expansion
of the bar will be an improvement to the neighborhood. They said they have obtained an
outdoor permit for their bar. They said that they do not open until after 4 p.m. and that they do
not have bands outdoors. They said that the outdoor area was only originally used by mistake,
and that since notification, they have removed the tables and chairs from the site. The
applicants stated they are paying for the land and they should be able to use it as most of the
surrounding area is zoned commercial.
Staff Member Hemenway reviewed the request, noting the property history, including the
demolition of two former houses and the former rezoning efforts. He discussed the existing
outdoor license for six tables; the fencing issue, the liquor license expansion and the need to
rezone to enable the bar operate on what is currently residential property. He reviewed the
surrounding zoning and land use. He stated that C-3 zoning is usually located along a highway
or minor arterial, and that there are 66 permitted uses versus 23 permitted uses in C-2.
Commissioners discussed the request and reviewed the legal non-conforming status of the
existing bar and adjacent businesses. They discussed the outdoor liquor license procedure and
the necessity for permits for outdoor music. Commissioner Stiles noted that the reason bars are
not allowed in C-2 is because of the negative impacts and noise, lighting and parking. He said
he did not felt the expansion is warranted. Commissioner Schiltz said he had no problem with
the request. Commissioner Hardie said he was concerned about the other uses allowed in the
C-3 District and the direct proximity to the residential property. He said that while the current
owners may be able to operate a reasonable establishment, a future owner may not manage a
bar the same way and that on the larger area, if approved, has more potential to create higher
levels of noise than a residential owner may want to tolerate. Commissioner Christ said that she
concurred with Commissioner Hardie and had concerns placing this kind of intense use directly
adjacent to residential property. Commissioner Smith noted the surrounding commercial zoning;
however, he said he was still concerned about the expansion of the bar. Commissioner Miller
said he was concerned about all the uses permitted in a C-3 District. He said if the bar closes,
any one of the C-3 uses could operate at this location and have an even greater impact on the
Minutes -Zoning Advisory Commission
October 3, 2007
Page 8
adjacent residential properties. Chairperson Bird said that from a zoning standpoint, C-3
General Commercial is not appropriate in this area.
Motion by Stiles, seconded by Christ, to approve the rezoning request as submitted. Motion was
denied by the following vote: Aye -Schiltz; Nay -Smith, Hardie, Christ, Miller, Stiles and Bird.
ADJOURNMENT: The meeting adjourned at 8:45 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner
Adopted
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