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Minutes Zoning Advisory Comm 11 7 07THE CCiY OF ~ D B E l~l Du Masterpiece on the Mississippi MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, November 7, 2007 6:30 p.m. City Council Chamber, Historic Federal Building 350 W. 6th Street, Dubuque, Iowa Dubuque ~_ 1! ~- ~I zarr PRESENT: Chairperson Eugene Bird Jr.; Commissioners Ron Smith, Stephen Hardie, Martha Christ, Charles Miller, Dick Schlitz and Jeff Stiles; Staff Members Laura Carstens, Kyle Kritz and Guy Hemenway. ABSENT: None. 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 October 3, 2007 meeting were approved as submitted. ACTION ITEMIPLAT OF SURVEYIKUTSCH/BUESING ~ ASSOCIATES: Application of Buesing & Associates/Dr. Leonard Kutsch for approval of the Plat of Survey of Lots 1 & 2 of LT Kutsch Place & Lot 1 of LT Kutsch Place No. 2 located near Near N. Grandview Avenue. Tyra Kutsch, 154 N. Grandview, spoke on behalf of her husband, Dr. Leonard Kutsch. She stated that she would like to split her lot to enable her neighbor to have more yard area. Staff Member Kritz stated that the lots would be substandard in that they would not have frontage; however, he noted that the proposed lot split facilitates the sale of a portion of the property and does not result in creating any new lot without frontage on a public street. He recommended the Commission approve the Plat of Survey as submitted. There were no public comments. The Commission discussed the request and felt it was appropriate. Motion by Hardie, seconded by Stiles, to approve the Plat of Survey of Lots 1 & 2 of LT Kutsch Place & Lot 1 of LT Kutsch Place No. 2 subject to waiving lot frontage requirements for Lots 1 and 2. Motion approved by the following vote: Aye -Smith, Hardie, Christ, Miller, Schiltz, Stiles and Bird; Nay -None. ACTION ITEMIFINAL PLATIHERRIG: Application of John Herrig for approval of the Final Plat of Serenity Ridge located along Derby Grange Road. Minutes -Zoning Advisory Commission November 7, 2007 Page 2 John Herrig, 13750 Surrey Lane, requested approval of the Final Plat of Serenity Ridge located along Derby Grange Road. He said that the Final Plat was downsized from the preliminary plat formerly submitted for Commission's review. He said that he will now have the ability to develop a smaller portion of the subdivision that will be accessed from the south side of the property. He said that, if approved, he would have the ability to develop a mix of residential and commercial uses and to create a single park as per his agreement with the Leisure Services Department. Staff Member Kritz outlined the staff report. He said the preliminary plat formerly reviewed by the Zoning Advisory Commission was approved contingent upon four conditions. He outlined the conditions. He also discussed the site visibility along Derby Grange Road and access issues from the Corey property south of the proposed subdivision. He distributed and discussed photographs of the Asbury Plaza Business Park and the subdivision's layout. He discussed the Corey Development proposal to extend Plaza Drive to the Herrig property. He said at this point there was no financial security for the City to access to ensure that Plaza Drive would be extended prior to development of the subdivision. Commissioner Bird asked whether it was wise to approve a subdivision. without an access guarantee. Commissioner Stiles said that there were a lot of issues that had not been addressed regarding access, traffic safety and park area. Commissioner Hardie said that he is uncomfortable approving a subdivision plat without insurance that the Plaza Drive access would be extended and the required park area would be in place. Commissioner Miller agreed, stating that he was uncomfortable with allowing a subdivision to be developed with no guarantee that utilities and paved access would be available. Commissioner Smith agreed. Commissioner Schiltz said that the previous conditions for the preliminary plat had not been met. He said that there was no bonding or insurance and that to approve the subdivision now would be premature. Staff Member Kritz stated that the Commission has the ability to table the request which would enable the applicant to address the unresolved issues. Motion by Miller, seconded by Christ, to table the Final Plat of Serenity Ridge. Motion approved by the following vote: Aye -Smith, Hardie, Christ, Miller, Schiltz, Stiles and Bird; Nay -None. ACTION ITEMIAMEND PLANNED DISTRICT (TABLED FROM OCTOBER 3, 2007 MEETING) CEDAR LAKE BUILDING GROUP LLC/HANSEL BUILDERS, INC.: Application of Cedar Lake Building Group LLC/Hansel Builders, Inc. for approval 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 stated that the applicant asked for the request to be tabled. Motion by Hardie, seconded by Christ, to table the request. Motion was approved by the following vote: Aye -Smith, Hardie, Christ, Miller, Stiles, Schiltz, Bird; Nay -None. Minutes -Zoning Advisory Commission November 7, 2007 Page 3 PUBLIC HEARINGIREZONINGIMIHALAKIS: Application of Michelle Mihalakis to rezone property located at 2160 Elm Street from R-2A Alternate Two-Family Residential District to OR Office Residential District. Michelle Mihalakis, 2545 Jackson Street, reviewed her proposal regarding the rezoning. She stated she wants to develop 18-unit single room occupancy (SRO) for women and children. She stated that there is a need in the community for this type of transitional housing. She said that she has met with her neighbors and that they support her request. Staff Member Hemenway reviewed the location and the size of the property to be rezoned. He spoke regarding surrounding zoning and land use. He discussed three letters submitted in support of the project. He stated that a variance request for parking for the facility and a setback special exception were approved at the October Zoning Board of Adjustment meeting. He reviewed the development of several SROs in the neighborhood, stating that he has not received any negative input from the surrounding residential property owners. Commissioners reviewed the trail projects and the Bee Branch Sewer, both of which are in the vicinity of the proposed rezoning. Commissioners reviewed the request. Motion by Smith, seconded by Christ, to approve the rezoning request as submitted. Motion was approved by the following vote: Aye -Smith, Hardie, Christ, Miller, Schiltz, Stiles and Bird; Nay -None. PUBLIC HEARINGIAMEND PUD1 MEDICAL ASSOCIATES CLINIC /ROBERT HARTIG: Application of Medical Associates Clinic /Robert Hartig to amend the existing Associates Park Planned Unit Development District located at 1500 Associates Drive (Lot 9 of Medical Associates Subdivision) to designate a portion of the existing greenway buffer for business use. Robert Hartig, representing Medical Associates Clinic, distributed a packet of information to the Commission. He said the Clinic proposes to reposition the building providing 50 feet of green space with a visual vegetative buffer between the building and the adjacent residential property. He discussed the existing 20 foot green space buffer along the Platinum and Oak Park developments. He said that the proposal exceeds what was approved in 1994, which was 20 feet of green space, by expanding the distance to 50 feet and having a vegetative screen. He said that Medical Associates does not have the ability to expand on the balance of their property in that it had been dedicated to other purposes. He said that the perimeter parking is committed for future growth. He discussed the PUD Ordinance language noting that flexibility is one of the components of said language. He said that he met with neighbors and their concerns were primarily drainage, noise, traffic and property values. He said that the facility would have activity only in the daytime and that the noise ordinance also would help regulate the property. He said the building will be in excess of 100 feet from the Minutes -Zoning Advisory Commission November 7, 2007 Page 4 adjacent residential properties. He said that the value trend of the residential property in the area has increased over the past several years. He discussed screening and visibility of the building. He said that the building will be limited to two levels and will be approximately 20 feet in height. He discussed the rear access drive and he said that there would be no parking behind the building. He stated that the proposal is not comparable to the Alter Scrap rezoning proposal. He said that Medical Associates is willing to plant large trees and provide a mix of vegetation that would adequately screen the facility. He noted the elimination of green space in the Dubuque Industrial Center for Horsfield's expansion. Holly Young, 901 9th Avenue SE, Cascade, Iowa, stated that she owns property at 3820 and 3822 Cora Drive. She spoke in opposition to the request stating concerns with property value, storm water control, noise pollution, truck traffic, commercial activity, excessive site lighting, unkempt vegetative screening and the proximity of the building to the residential properties. Mary Pat Kerper, 3850 Cora Drive, spoke in opposition to the request. She presented slides of the neighborhood and expressed concern with safety, noise, aesthetics, traffic, property value and drainage. She said the request only represented 14 feet of additional green space, which she felt was a minor change. She said that 100% of the adjacent neighbors are opposed to the development. She referenced a petition signed by neighbors in opposition to the request. She said that the original PUD provided parking as an additional buffer from the buildings on Medical Associates Campus and the homeowners' property. Paul Heacock stated that he was the primary owner of Platinum Services. He spoke in support of the request stating that his building is set back 20 feet from the adjacent residential and he has received no complaints from the neighbors. He said that the building will help screen out noise from activity in the front from those neighbors to the rear. He said that many of the more intense commercial uses are not permitted in the PUD. He said that the building will be located more than 100 feet from the neighbors' property. Bob Hartig rebutted stating that there is no supportive documentation regarding the diminished property values. He said that Medical Associates has worked to fix drainage problems in the neighborhood and that it will continue to do so through the development process. He said that Medical Associates is one of the neighbors in this neighborhood. He stressed screening for the facility stating that Medical Associates is willing to be creative with the species, height and location of the vegetative buffer. He said that much of the existing drainage problems are eminating from upstream residential properties. He said that the facility will not have security lighting and that all lighting will be code compliant. He discussed several options for development elsewhere on the campus and said that they would not work. Commissioner Hardie asked if the property would have rear garage access. Mr. Hartig said that access would be to the side of the building. He said the building will be 60 feet deep and 200 feet long and used for medical services, including administrative and clinical Minutes -Zoning Advisory Commission November 7, 2007 Page 5 services. In response to a question from Chairperson Bird, Mr. Hartig said that the green space originally was created to control drainage because the crest of the hill adequately screened the neighbors. He said that there is a berm that is 50 feet from the neighbors' property on which trees from 13 to 25 feet in height would be placed. He said that it will take a couple of growing seasons for the trees to mature to those heights. He said that it would be approximately 100 feet from the back building wall to the lot lines of the adjacent residential properties. Staff Member Kritz distributed and discussed letters of opposition submitted by the neighbors. He distributed a recent aerial photo and outlined the PUD Amendment noting it is not a rezoning. He discussed the packet material including photos, the PUD Ordinance and the conceptua- development plan. He discussed the original conceptual development plan for the site and discussed the proposed changes to locate the facility on what was deemed green space. Commission and staff discussed past PUD ordinances and green space buffer requirements. Commissioner Hardie and Mr. Hartig discussed the future lot area needs, future building area and lot layout needs for Medical Associates' projects. Commissioner Hardie said that originally the green space was created for drainage and to serve as a buffer from the residential properties. Commissioner Hardie said that he felt that Medical Associates has other options for development elsewhere on the campus. Commissioner Stiles said that the green space was originally created as a residential buffer. He said that he felt the ancillary building could be placed elsewhere on the campus. Commissioner Schiltz said that originally Medical Associates offered, on their own, to provide green space. He said the PUD should be flexible and allow for change on the campus. He said that the adjacent properties are not guaranteed unlimited visual distance that is not impeded by buildings or development. He said that child safety in the area is a parental responsibility. Commissioner Miller asked about the history of the commercial development for Platinum Plaza. Commissioner Christ said that there had been no significant change that would warrant amending the original plan. She said that the buffer is necessary to provide a degree of separation from the adjacent neighboring properties. She said that other areas on campus could be used for the proposed expansion. Commissioner Smith said that the green space that was eliminated for Horsfield's expansion in the industrial park was different because there were no adjacent residential properties. He said he felt Medical Associates had other areas on their campus to expand. He said that they should not absorb the green space that currently is being used as a buffer. Chairperson Bird said that the applicant has not demonstrated the need to eliminate the green space. Commissioner Miller stated he agreed that the adjacent property owners do not have a right to a protected view but that Medical Associates should maintain the green space and expand their facility elsewhere. Motion by Stiles, seconded by Christ, to approve the amendment to Medical Associates Planned Unit Development District. Motion was denied by the following vote: Aye - Schiltz; Nay -Smith, Hardie, Christ, Miller, Stiles and Bird. Minutes -Zoning Advisory Commission November 7, 2007 Page 6 ITEMS FROM STAFF: Comprehensive Bluff Plan and Recommendations Planning Services Manager Laura Carstens, reviewed the Comprehensive Bluff Plan and recommendations prepared by the Bluffland Advisory Committee. She said that her intent was to solicit comments and questions from the Commission. She discussed the plan background, the survey and the Committee's recommendations. She discussed the proposed definition of a bluff, bluffland priority areas, and possible policies and regulatory measures. She reviewed staff concerns with the recommendations. She said that a joint session to review the Bluff Plan has been scheduled for November 26 with the City Council, Zoning Advisory Commission and the Bluffland Advisory Committee. Commissioner Hardie said that regulating the bluffs is a difficult issue; however, he felt that the recommendations were onerous and represented overkill. He said that the recommendations could simply tighten up bulk standards and limit the height of non-single family homes or commercial buildings and large scale development. He said that the City could preserve existing parkland and possibly create more. He said that the language was too vague without enough specificity. Commissioner Stiles expressed his concerns with the expansion of the bluff definition to include extra areas outside of the bluffs that run parallel to the Mississippi River. He said that the existing built environment adds to the character of the bluffs and that the recommendations were too extreme. Commissioner Smith said that he expressed concerns with potential for the recommendations to limit property owners along the bluff to develop their property. Chairperson Bird said that plan seems to be adding a level of bureaucracy that is not necessary. Commissioner Miller said that the bluffs are unique for the very reason that they are developed with a diverse building stock. Commissioner Schiltz said that he felt that adequate rules were already in place to regulate the bluffs. Commissioners discussed that two major bluff developments were the reason for this study, but the recommendations will regulate single-family homes, instead of large scale development. Chairperson Bird asked that the City Council's format of the joint work session will be, and what the role of the Commission will be. ADJOURNMENT: The meeting adjourned at 9:15 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted F:\USERS\Kmunson\WP\Boards-Commissions\ZAC\Minutes\ZAC 11 07 07 min.doc