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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
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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.
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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.
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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
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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
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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.
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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
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