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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, Minutes -Zoning Advisory Commission 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 Minutes -Zoning Advisory Commission 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. Minutes -Zoning Advisory Commission 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. Minutes -Zoning Advisory Commission 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 Minutes -Zoning Advisory Commission 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 Minutes -Zoning Advisory Commission 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 F:\USERS\Kmunson\WP\Boards-CommissionsVJaC\Minutes\ZAC 10_03_07 min(file copy).doc