Minutes_Zoning Advisory Commission 3 4 15 Dubuque
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MINUTES
CITY OF DUBUQUE ZONING ADVISORY COMMISSION
REGULAR SESSION
6:00 p.m.
Wednesday March 4, 2015
City Council Chamber, Historic Federal Building
Commission Members Present: Chairperson Patrick Norton; Commissioners Steve
Baumhover, Stephen Hardie, Martha Christ, Tom Henschel, Michael Belmont, and
Laura Roussel]; Staff Members Guy Hemenway and Kyle Kritz.
Commission Members Excused: None.
CALL TO ORDER: The meeting was called to order by Chairperson Norton at 6:00 p.m.
AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying the
meeting was being held in compliance with the Iowa Open Meetings Law.
MINUTES: Motion by Christ, seconded by Belmont to approve the minutes of the
February 4, 2015 Zoning Advisory Commission meeting as submitted. Motion carried by
the following vote: Aye —Baumhover, Christ, Norton, Henschel, Belmont, and Roussell;
Nay— None; Abstain — Hardie.
Chairperson Norton announced that the Mihalakis Plat request has been withdrawn bythe
applicant.
ACTION ITEMSIFINAL PLAT: Application of Joseph M. Vize, 12055 Cottingham Road,
of the Final Plat of Vize Place.
Chairperson Norton stepped away from the table due to a potential conflict of interest.
Vice Chairperson Henschel conducted the meeting.
Joe Vize, 12055 Cottingham Road, said that he would like to plat eight acres of property
into three lots for residential purposes. He said he had signed the pre-annexation
agreement.
Staff Member Kritz noted that as the property is within two miles of the city limits, joint
review is required. He noted the property's location and size, and that three new lots
would be created, one of which would accommodate the existing house. He noted that
Lot 4 has 30 feet of frontage and will continue to have 30 feet of frontage; however, this
was less than the 50 feet required by the UDC standards. He discussed access
easements to the property, stating that the minor final plat is otherwise compliant with
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March 4, 2015
all other regulations and recommended approval subject to waiving the lot frontage
requirement for Lot 4.
Motion by Hardie, seconded by Belmont, to approve the Final Plat of Vize Place subject to
waiving the lot frontage requirements for Lot 4. Motion carried by the following vote: Aye—
Baumhover, Christ, Hardie, Henschel, Belmont, and Roussell; Nay — None; Abstain —
Norton.
PUBLIC HEARINGSIREZONING: Application of Clarke University/Daisy Halvorson,
1550 Clarke Drive, to amend the ID Institutional District to allow new outdoor lighting
and expansion of outdoor athletic facilities.
Daisy Halvorson, Vice President for Business and Finance at Clarke University,
introduced Chris Droessler, Facilities Manager for Clarke University. She reviewed the
request, noting that Clarke University would like to expand, improve and illuminate their
athletic fields. She discussed the proposed lighting fixtures and hours of operation for
the facility.
Larry Weitz, 2211 Aspen Drive, noted the location of his home in proximity to the
athletic fields. He said that his home is relatively close to, and sits below the grade of,
the fields. He expressed concerns with the level of ambient light that would be cast on
to his lot and the noise that would be generated by activities on the athletic fields. He
recommended that, if approved, the lights be turned off at 8 p.m. and that a sound
barrier be erected along Clarke University's property to buffer the adjacent residences.
Charles Bart Kintzinger, 2212 Aspen Drive, expressed concerns with the potential
impact that the lighting would have on his property and on the neighborhood in general.
He also said that he is concerned with the potential damage to his property caused by
the vibrations in the bedrock during installation of the foundations for the lighting
stantions. He expressed concerns with runoff, noting that the artificial surface would
shed water that may increase the flow of storm water through to adjacent residential
properties. He said he was concerned with the amount of noise generated by activity
on the athletic fields, especially if a new PA system is installed. He said he is
concerned with the hours of operation of the facility starting at 6 a.m. and continuing
until 10 p.m. in the evening. He questioned whether it would be necessary to remove
trees to improve the fields. He asked if Clarke University intended to put up a sound
barrier.
Wayne Schumacher, 2222 Aspen Drive, expressed concerns with noise generated by a
new PA system. He asked if Clarke University had plans to buffer the adjacent
properties from noise.
Jerry Koppes, 1008 Dunham Drive, stated that recent developments on Clarke
University's campus have begun to encroach on the neighborhood. He said the new
parking lot lighting and the proposed ball field lighting will saturate the neighborhood
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March 4, 2015
with light. He recommended that Clarke University coordinate their athletic activities
with the school district and utilize Dalzell Field.
Alice Rhomberg, 1008 Clarke Crest Court, said that she is concerned with the potential
for people to cut through her yard to access the athletic fields. She said it is possible
that people would park on her street and utilize her yard for a cut-through. She said
she is also concerned about the amount of light and noise generated by the athletic
fields and what affect it may have on the value of her property.
Daisy Halvorson noted that Clarke University has been at this location since 1843. She
said that there would be some noise and activity associated with the athletic events and
the practice field. She said that the competitive events will be primarily held at Senior
High School's Dalzell Field. She said that the fields will be open at 6 a.m. because it is
necessary to meet the training and practice schedule of the various athletic teams. She
said that the ability to continue events until 10 p.m. is also needed for practice and
athletic events. She said they anticipate that the fields would be lighted for about 200
hours a year. She said that the fields would primarily be used for lacrosse and soccer
competitions.
Staff Member Hemenway reviewed the staff report, noting the changes proposed for
the athletic fields. He discussed the size of the fields, their location relative to the
adjacent properties, the height of the light stantions and the vegetative buffer around
the fields. He noted that Musco Lighting stated that the proposed fixtures would reduce
light spillover by approximately 50 percent.
Staff Member Kritz reviewed a survey of parking in the Clarke University campus area
that that he had conducted over the last several weeks. He noted that there appears to
be adequate parking available in Clarke's lots and along the adjacent public right-of-
way.
Commissioner Baumhover asked if the trees will act as a buffer for lighting and noise.
Staff Member Kritz said that deciduous trees provide a good buffer when they are fully
leafed but, that due to the height of the light poles, he felt they would provide minimal
buffering from the adjacent athletic lighting and noise. Commissioner Baumhover said
he is concerned with the amount of ambient light cast onto adjacent residential
properties and the possible impact of noise from athletic activities on the neighborhood.
Commissioner Hardie said that the Zoning Advisory Commission has dealt with lighting
issues at the city's colleges in the past. He said that it is not unusual for schools to
have lighted fields and that this sort of activity is vital to the city's universities. He said
that the lighting will only be used periodically throughout the year. He recommended
that a direct sidewalk connection from the 179-space parking lot be extended to the
athletic fields.
Commissioner Christ noted that her residential property is located directly adjacent to
the University of Dubuque soccer practice fields, and that they are lighted in the
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March 4, 2015
evenings during events. She said that initially the lighting was noticeable, but, after a
period of time she grew used to it and that now it has very little impact on her property.
She said that, based on her experience with the adjacent field lighting, she had no
problems with the request.
Commissioner Henschel questioned whether security fencing could be placed along
Clarke's property line to prevent pedestrian traffic from cutting through neighboring
properties. Commissioner Hardie said he did not feel fencing was necessary because
the topography and wooded area creates a natural barrier.
Commissioner Baumhover asked Commissioner Christ if the lighting for soccer
matches was turned off by 10 p.m. Commissioner Christ said yes, and sometimes
even before.
Chairperson Norton asked if the applicant would be willing to extend the sidewalk from
the 179-space parking lot to the athletic fields. Ms. Halvorson said that they would be
willing to extend the sidewalk.
Motion by Hardie, seconded by Christ, to approve the amended ID Institutional District for
Clarke University to allow new outdoor lighting and expansion of the outdoor athletic fields
with the condition that a direct sidewalk connection be extended from 179-space parking to
both athletic fields. Motion carried by the following vote: Aye—Baumhover, Christ, Norton,
Henschel, Hardie, Belmont, and Roussel[; Nay— None.
PUBLIC HEARINGIREZONING: Application of Mary's Inn to rezone property located at
2750 Balboa Drive, from R-1 Single-Family Residential District to R-3 Moderate Density
Multi-Family Residential District.
John Freund, Freund Law Firm, stated that he represents Mary's Inn regarding their
2750 Balboa Drive location. He outlined the mission of Mary's Inn, noting that
applications for rezoning and a conditional use will be reviewed by the Zoning Advisory
Commission, City Council and Zoning Board of Adjustment. He said they met with the
neighbors and have noted their concerns. He discussed the residents of the proposed
shelter, noting they would be young pregnant women or new mothers with their babies.
He reviewed the similarities and differences between the R-1 and R-3 Districts, noting
that there are some intense conditional uses allowed in the R-1 District.
Chairperson Norton asked how many young women would be residing at Mary's Inn.
Mr. Freund stated that there would be typically four mothers and their babies with an
on-site manager.
Michael Irvin, 2760 Balboa, stated that he lives directly adjacent to the proposed inn.
He spoke in opposition, stating he felt the shelter would have a negative impact on the
value of his property. He said that he spoke with a real estate professional who said
that the proposed use would lower his property value. He stated that he was also
concerned about the amount of traffic that may be generated by the facility.
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March 4, 2015
George Portzen, 2735 Balboa, said that he lives across the street from the facility and
opposes it. He said he agreed with the reasons given by the previous speaker and that
he is also concerned about the value of his property.
Judy Portzen, 2835 Ken Court, said that although she does not live in the
neighborhood, she agrees with the neighbor's concerns and is opposed to the rezoning.
She said that although the Inn is a worthwhile cause, the applicant should have
explored options other than locating their facility in a single-family neighborhood. She
expressed concerns with the impact this facility could have on property values and
traffic in the neighborhood.
Shirley Peacock, 2772 Balboa, noted that her house is adjacent to the subject property.
She introduced her daughter, Lynn, who spoke on her behalf. She stated that if the
rezoning were to be approved, nothing would guarantee that Mary's Inn would remain at
this location and that the property would not be redeveloped for some other use. She
said that the property could potentially be redeveloped as multi-family housing that
would have a negative impact on the value of her property. She said that her mother is
elderly and enjoys the quiet solitude of the neighborhood and would be compelled to
move out of the area if the rezoning were to be approved.
Mr. Freund said that he would try to address the concerns raised by the neighbors. He
said that he felt Mary's Inn would have very little impact on the property value, as they
plan to keep their property well maintained and in excellent condition. He said that the
young women residents of the facility will not be allowed to have vehicles and that visits
by agency staff should be relatively infrequent. He said that, because of these factors,
the facility should generate very little vehicular traffic. He said that Mary's Inn has no
intention of tearing down the existing home and building multi-family housing. He said
that the goal of Mary's Inn is to create a peaceful and quiet residential atmosphere and
a supportive environment for the young women.
Commissioner Roussell asked if agency representatives would be frequently visiting the
facility for support services. Mr. Freund said he was not sure, but he felt the number of
visits would be similar to typical medical support for pregnant women.
Staff Member Hemenway reviewed the staff report. He noted the differences in the
permitted and conditional uses in both R-1 and R-3 Districts. He discussed protected
status class, noting that pregnant women do not enjoy such status. He discussed the
traffic, parking, and activity generated by other group homes located in residential
neighborhoods that Planning Services has had experience with. He said that if the
rezoning request is approved, Mary's Inn will have to apply for a conditional use permit
from the Zoning Board of Adjustment. He said that the Board can limit the number of
residents and can add whatever conditions they feel may mitigate any potential
negative impacts the facility may have. He stated the Commission could also consider
a conditional rezoning limiting the permitted uses to a single-family home. He said that
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March 4, 2015
this would address the concern regarding redevelopment of the property for multi-family
housing.
Commissioner Henschel said he supports the idea of a conditional rezoning.
Chairperson Norton discussed and clarified the conditional rezoning process.
Commissioner Baumhover said that he agreed with Commissioner Henschel regarding
a conditional rezoning intended to prevent redevelopment of the property for multi-
family residential use.
Commissioner Belmont said he was concerned about the incompatibility of the R-3
Multi-Family Residential district with the surrounding single-family residential use, and
the relatively small size of the subject property.
Commissioners and Staff Member Kritz discussed the definition of a "spot zone." Staff
Member Kritz noted that charge of the Commission is generally to try and determine
whether the use is similar and compatible with adjacent uses.
Commissioner Hardie said that the spot zone issue is a straw man and that the
proposed residential use is compatible with the neighborhood.
Motion by Hardie, seconded by Henschel, to approve rezoning the property at 2750 Balboa
Drive from R-1 Single-Family Residential to R-3 Moderate Density Multi-Family Family
District with the condition that the list of permitted uses be limited to a single-family home.
Motion carried by the following vote: Aye — Baumhover, Hardie, Christ, Henschel,
Roussell, and Norton; Nay— Belmont.
ADJOURNMENT: The meeting adjourned at 7:25 p.m.
Respectfully Submitted
Kyle L. Kritz, Associate Planner Adopted