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Minutes Zoning Adv 2 6 02 MINUTES i~.ONING ADVISORY COMMISSION REGULAR SESSION ©[[iCe Wednesday, February 6, 2002 6:30 p.m. Majestic ROom, Five Flags Civic Center th 4 & Main Streets, Dubuque, Iowa D ,AFT PRESENT: Chairperson Eugene Bird, Jr.; Commissioners Jeff Stiles, Richard Schlitz, Martha Christ, Stephen Hardie, Ben Roush and Ron Smith; Staff Members Guy Hemenway and Kyle Kritz. 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. MINUTES: The minutes of the December 19, 2001 and January 2, 2002 meetings were approved unanimously as submitted. ACTION ITEM\FINAL PLAT/SULLIVAN: Application of James & Anita Sullivan for approval of the final plat of Lots 1 through 6 of Sullivan's Addition located along West 32"d Street, West of Fink Street. Motion by Smith, seconded by Christ, to bring the final plat back to the table. Motion was approved unanimously. James Sullivan reviewed his plat noting that he intends to build a single-family home on Lot nd 6 and offer Lots 1-5 along 32 Street for sale. Staff Member Hemenway reviewed the staff report, noting that the Engineering Division has requested a condition on the plat that establishes storm water easements for the lots platted along 32nd Street. Staff Member Hemenway noted staff's concerns regarding visibility from access driveways to Lots 1-5 along West 32nd Street. He also stated that because of topography, the lots would be extremely difficult to develop. Commissioners reviewed the topography of the site and potential access points to the lots along 32nd Street. They discussed whether the lots are buildable utilizing conventional construction. Commissioners discussed sight distance along 32nd Street. Chairperson Bird recommended consolidating the accesses along 32nd Street. Commissioner Hardie said that he felt that the plat was adequate as submitted. Motion by Stiles, seconded by Schlitz, to approve the final plat of Lots 1-6 of Sullivan's Addition with the conditions that 1) a single access be permitted for Lots 1-5 and 2) storm water drainage easements are indicated on the plat as necessary. Motion was denied by the following vote: Aye - Bird and Stiles; Nay - Schlitz, Christ, Hardie, Roush and Smith. Minutes - Zoning Advisory Commission February 6, 2002 Page 2 Motion by Hardie, seconded by Smith, to' approve the final plat of Lots 1-6 Sullivan's Addition with the condition that storm water drainage easements are indicated on the plat as necessary. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, and Roush; Nay- Bird, Stiles and Schlitz. ACTION ITEM\PRELIMINARY PLAT~COATES/KEMP: Application of Ronald & Julene Coates/Jim & Kathy Kemp for approval of the Preliminary Plat of Southern Hills Subdivision III located northeast of the Lake Eleanor Road & Kane Road intersection. James Kemp and Ronald Coates reviewed their preliminary plat for Southern Hills Subdivision No 3. Staff Member Hemenway reviewed the preliminary plat noting that the lots will be served by individual septic systems and four common wells. He stated that the area is outside of the City's Comprehensive Plan potential growth areas and annexation study areas. He recommended that the Commission approve the plat as submitted. Motion by Christ, seconded by Smith, to approve the preliminary plat of Southern Hills Subdivision No. 3 as submitted. Motion carried by the following vote: Aye - Bird, Schlitz, Stiles, Christ, Hardie, Roush and Smith; Nay - None. ACTION ITEM~FINAL PLAT~CITY OF DUBUQUE: Application of the City of Dubuque for approval of the final plat of Eagle Point No. 2 located at the end of Rhomberg Avenue. Leisure Services Manager Gil Spence reviewed the plat and history of the property, stating that it is located at the base of Eagle Point Park off of Rhomberg Avenue. Staff Member Hemenway noted that access to the property is problematic and that adjacent businesses can make productive use of these parcels. Motion by Hardie, seconded by Stiles, to approve the final plat of Eagle Point No. 2 waiving the lot frontage requirements. Motion carried by the following vote: Aye - Bird, Schlitz, Stiles, Christ, Hardie, Roush and Smith; Nay- None. ACTION ITEM\PLAT OF SURVEY~KEY CITY INVESTMENT CO: Application of the Key City Investment Co. for approval of the Plat of Survey of Lot 1-2A and Lot 2-2A of Westview Shopping Center Place No. 2 located in the 1800 Block of John F. Kennedy Road. The applicant was not in attendance. Staff Member Kritz outlined the staff report, stating that Mr. Yiannias has had the right-of-way for former Congress Circle vacated. He stated that he split the right-of-way in half, dedicating the southern half to the adjacent lot and the northern half to the bank property. He stated that the southern lot will be used for a new commercial development. He stated that although the lots are non-conforming and lack frontage and square footage, they will be incorporated into larger lots. Minutes - Zoning Advisory Commission February 6, 2002 Page 3 Motion by Smith, seconded by Christ, to approve the plat of survey of Lot 1-2A and Lots 2- 2A of Westview Shopping Center Place No. 2, waiving the lot frontage and lot area requirements. Motion carried by the following vote: Aye - Bird, Schlitz, Stiles, Christ, Hardie, Roush and Smith; Nay- None. ACTION ITEM\PLAT OF SURVEY~KEY CITY INVESTMENT CO: Application of the Key City Investment Co. for approval of the Plat of Survey of Westview Shopping Center Place No. 3 located in the 1800 Block of John F. Kennedy Road. The applicant was not in attendance. Staff Member Kritz described the vacated street and lot configuration and the non-conformities created by the proposed subdivision. He stated that although lot frontage would be eliminated, the property owner has platted an easement to access the balance of the property to the west. Motion by Stiles, seconded by Christ, to approve the plat of survey of Westview Shopping Center No. 3 waiving the lot frontage requirements for Lot 1. Motion carried by the following vote: Aye - Bird, Schlitz, Stiles, Christ, Hardie, Roush and Smith; Nay- None. PUBLIC HEARING/REZONING/END OF RAVEN OAKS DRIVE: Application of MWF Properties/Felderman Business Partnership (tabled), located at the end of Raven Oaks Drive, to amend the PUD Planned Unit Development District to allow construction of 64 multi-family housing units. Motion by Stiles, seconded by Christ, to return the request to the table. Motion was approved unanimously. David Steele, representing MWF Properties, stated that his development would consist of eight 8-unit buildings or 64 units total. He stated these units would be two and three- bedroom residences. He said that the development would have dedicated parking, landscaping and storm water detention. He said that Raven Oaks Drive would terminate as a turn-around. He said that MWF has attempted to maintain many existing large trees to serve as a buffer to adjacent properties. He stated that there will be 64 single car garages and 64 surface parking spaces providing two parking spaces per unit, which is in excess of the City's requirement of 1.5 parking spaces per unit. He stated that the residential complex will offer services to residents such as family financial planning, job training and homebuyer counseling. He also stated there will be a laundry facility in each building and laundry hook-ups in each unit. Staff Member Kdtz outlined the staff report, stating that this is the fourth rezoning on this property in recent history, and that former planned district standards have permitted as many as 88 units. He said the most recent rezoning was for 62 units of senior housing. He reiterated that two spaces per unit are in excess of City parking requirements. He discussed the street configuration, water main extension, fire protection and storm water detention for the development. He stated that the development is bordered by multi-family Minutes - Zoning Advisory Commission February 6, 2002 Page 4 housing along Raven Oaks Drive, single-family housing, the Eisenhower School campus and a heavily wood area. He stated that at 6.5 vehicle trips per unit, there would be approximately 400 vehicle trips per day generated by this development. Commissioner Schlitz discussed parking and emergency access along Raven Oaks Drive. Staff Member Kritz said that parking is not permitted along Raven Oaks Drive. Chairperson Bird asked that three letters of opposition be entered into the record. Ken Goedken, 3109 Arbor Oaks Drive, said he is opposed to the rezoning. He said the development is going to be built close to their back yards. He said that noise and traffic safety are major concerns. Karl Millius, 2680 Marywood Drive, said that he is concerned with the potential for adding as many as 128 students to Eisenhower School's student population. He said that a lot of activity would be generated by a development of this size. Robert Miller, 3115 Arbor Oaks Drive, said that he has concerns with noise generated in the valley. He also said he is concerned with traffic and the impact on the school. He said that area is currently solid rock, and would be difficult to develop, and that the detention basin will harbor mosquitoes. Al Smemo, 3133 Arbor Oaks Drive, said that he lives close to the development and is concerned with the potential for overcrowding at Eisenhower School. He said he is also concerned with the traffic, storm water, mosquitoes, vermin and noise. Bonnie Toby Johnson, 3125 Arbor Oaks Drive, said that this development will pack too many people into the valley. She said she is concerned with environmental issues and school overcrowding. Helen Smemo, 3133 Arbor Oaks Drive, said she is concerned that this development will be Iow-income housing. Laura Goedken, 3109 Arbor Oaks Drive, said she is opposed to the rezoning. She said she is concerned with potential noise in the valley. She said that the former town house development was more compatible with the area. She stated that this development will have a negative impact on the value of her property. She stated she is also concerned with traffic and school overcrowding. She said that the development should be located elsewhere. She submitted a list of 12 neighbors in opposition to the development. Bob Brittain, 3105 Arbor Oaks D rive, said that this project is too intense a development for this area. He said he has concerns with the safety of the children utilizing the walkway to Eisenhower School. Minutes - Zoning Advisory Commission February 6, 2002 Page 5 Paul Hanson, 2666 Marywood Drive, said he is opposed to the rezoning. He said his lot adjoins the development and that he has concerns with noise and overcrowding. Joan Schlueter, 2668 Marywood Drive, said she is concerned with storm water runoff. She asked where animals displaced by the development would go. She said she has concerns with traffic. Mr. Steele stated that the large trees along the south property line will not be removed as part of the development. He stated that he wants to ensure that the project is compatible with the neighborhood. He stated that former developers have proposed up to 88 units in three-story buildings. He said that his project is less obtrusive than some that have been previously approved. He stated that his proposal is much less intense than one unit per 2,000 square feet allowed in an R-4 District. He stated that after the area is developed there will be no more motorcycles or parties behind the neighbors' property. He stated that his group picked this site because of its proximity to Eisenhower School. Chairperson Bird asked if Mr. Steele had met with the neighbors and attempted to address some of their grievances. He asked if Mr. Steele would be willing to work with the neighborhood to address their concerns. Chairperson Bird asked if this was to be Iow- income housing. Mr. Steele stated yes. Commissioner Stiles said that the several developments proposed for this area have not changed much since 1995, and that this proposal is no more intense than the others. He said he feels Iow income residents have the same right to housing, schools and a great residential environment as others do. He encouraged Mr. Steele to meet with the neighbors. Commissioner Christ said that the neighbors have always been against development in this area. She said she feels that the neighbors will not change their mind. She said that this development is less intense than several of those formerly approved. She said that the development was well thought out. Commissioner Hardie said that he is ambivalent regarding this project. He said that the senior housing project formerly approved is considerably different. He said that this development is more intense and will generate more traffic than the proposed multi-family housing. He said he would not have not supported an R-4 rezoning for this area. He said that he feels more information is necessary regarding traffic before he can make an informed decision. Commissioner Schlitz stated that he concurs with Commissioner Hardie. He said that this development represents a greater population and more activity than the one formerly approved. Minutes - Zoning Advisory Commission February 6, 2002 Page 6 Commissioner Roush said that storm water for this area will always be an issue and will be handled through the site plan review process. He said that the amount of traffic generated by this project will be greater than the senior housing. He said he feels that the additional student population for the school system is not an issue for the Zoning Advisory Commission. He stated that he feels the proposal is considerably different from the former proposal, and that it represents an increase in potential noise, traffic and activity. Commissioner Smith said that he feels this project is too intense a development for the area. Commissioners discussed the proposed development. Commissioners recommended that Mr. Steele table his request and meet with the neighbors in an effort to address some of their concerns. Commissioner Schlitz said that it may not be productive to meet with the neighborhood. Motion by Stiles, seconded by Smith, to table the application at the applicant's request and to encourage the applicant to meet with the neighborhood in an effort to address the concerns raised at the meeting. Motion was approved by the following vote: Aye- Smith, Hardie, Christ, Stiles, Schlitz, Roush and Bird; Nay- None. PUBLIC HEARING~REZONINGL~,REA RESIDENTIAL CARE FOUNDATION/HEALTH SERVICES CREDIT UNION: Application of Area Residential Care Foundation/Health Services Credit Union to rezone property from C-3 General Commercial District to Multi-Family Residential District located at the end of John F. Kennedy Circle. John Gonzales and John Romaine, representing Health Services Credit Union and Area Residential Care, presented their application. They said that they provide vocational services to people with learning disabilities, and that they want to provide an additional group home at this location. They said that the home will be handicap accessible and close to shopping and other amenities. Staff Member Kritz outlined the staff report, stating that the area is currently zoned C-3. He discussed the lot configuration, access and stated that the lot has frontage on Keyway Drive. He said that this request represents an expansion of the existing R_4 zoning district across Keyway Drive. He outlined the proposed project and building configuration. Chairperson Bird entered a letter from Eldon Herrig supporting the project. Mr. Gonzales entered a letter of support from the Courtesy Cleaners. Commissioner Hardie said he is in favor of the project because it is well planned and represents a good use of the property. Commissioners agreed with Commissioner Hardie. Minutes- Zoning Adviso~ Commission Februa~ 6,2002 Page 7 Motion by Christ, seconded by Schlitz, to approve the rezoning from C-3 General Commercial to R-4 Multi-Family Residential. Motion carried by the following vote: Aye - Bird, Schlitz, Stiles, Christ, Hardie, Roush and Smith; Nay- None. PUBLIC HEARING~REZONING~CITY OF DUBUQUE: Application of the City of Dubuque to rezone property from AG Agricultural to PUD Planned Unit Development with a PI Planned Industrial District designation located on Chavanelle Drive, east of Seippel Road/Dubuque Industrial Center West. Staff Member Kritz outlined the staff report, stating that this request is to expand the existing industrial park to the east. He also said that Chavanelle Drive would be extended and cul-de-saced at this location to serve the balance of the property. Commissioners felt that this was a logical extension of the industrial park. Motion by Christ, seconded by Stiles, to approve the rezoning from AG to PUD. Motion carried by the following vote: Aye- Bird, Schiltz, Stiles, Christ, Hardie, Roush and Smith; Nay- None. PUBLIC HEARING~TEXT AMENDMENT~CITY OF DUBUQUE- Application ofthe City of Dubuque to amend the R-1 Single-Family Residential District section of the Zoning Ordinance to allow off-street parking lots for churches and schools as a conditional use. Staff members asked the Commission to table the request because they said they were considering expanding the request to include R-2 and R-2A districts. Motion by Hardie, seconded by Smith, to table the request. Motion carried bythe following vote: Aye - Bird, Schlitz, Stiles, Christ, Hardie, Roush and Smith; Nay- None. PUBLIC HEARING~TEXT AMENDMEN~CITY OF DUBUQUE: Application of the City of Dubuque to amend the R-1 Single-Family District section of the Zoning Ordinance to reduce lot frontage and lot area requirements Staff Member Hemenway outlined the staff report, stating that the affordable housing task force made recommendations in an effort to decrease development costs. He stated that one of those recommendations is to reduce lot frontage and lot area requirements. He said that this would create a more dense development, require less infrastructure, provide more efficient City services and create more affordable development in the community. The Commissioners discussed the proposal, noting that the application of the new standards would have limited application, but that it may help to encourage more affordable single-family housing. Minutes - Zoning Advisory Commission February 6, 2002 Page 8 Motion by Christ, seconded by Smith, to approve the amendment to reduce the lot frontage and lot areas requirements in R-1 Districts. Motion carried by the following vote: Aye - Bird, Schlitz, Stiles, Christ, Hardie, Roush and Smith; Nay- None. ITEMS FROM PUBLIC: Dr. Ronald Malone stated that his chiropractic clinic is located at 950 Cedar Cross Road. He stated that he moved into his medical office approximately a year ago. He said that when he recently contacted the City of Dubuque Planning Services Department regarding expanding his parking lot, he was informed that his office was not permitted in the Commercial Services zoning district. He said he is asking for direction from the Zoning Advisory Commission regarding rezoning his property from CS to C-3. He asked if the Commission had any suggestions. Commissioners encouraged Mr. Malone to apply for a rezoning and allow the process to take its course. The Commissioners said they could not make an informed decision until they saw all of the information that was provided through the standard application process. Staff Member Hemenway stated he would work with Mr. Malone to process his request. ADJOURNMENT: The meeting adjourned at 9:00 p.m. Kyle L. Kritz, Associate Planner Adopted