Minutes Zoning Advisory 12 5 07THE CITY OF D
DUB E o
Masterpiece on the Mississippi
MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
Wednesday, December 5, 2007
6:30 p.m.
City Council Chamber, Historic Federal Building
350 W. 6th Street, Dubuque, Iowa
Dubuque
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Zoos
PRESENT: Chairperson Eugene Bird Jr.; Commissioners Martha Christ, Ron Smith,
Stephen Hardie, Charles Miller, Dick Schiltz and Jeff Stiles; Staff Members
Kyle Kritz and Guy Hemenway.
ABSENT: Commissioners None.
CALL TO ORDER: The meeting was called to order at 6:30 p.m. by Chairperson Eugene
Bird Jr.
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: Chairperson Bird requested that the response from Bob Hartig to his question
include that the green space in the Medical Associates Clinic PUD was also to screen the
view of the Medical Associates building from the residential properties. The minutes of the
November 7, 2007 meeting were unanimously approved as modified.
ACTION ITEM1 FINAL PLAT OF ENGLISH RIDGE SUBDIVISION: Application of English
Ridge LLC for approval of the Final Plat of English Ridge Subdivision located along English
Mill Road.
Larry McDermott, 11407 Highway 20 West, said that he started working on his project in
March of 2007. He said that he met with City departments and solicited their input. He
said the requirements for a park and bike path and limitations on drive access did not
surface until the last Zoning Advisory Commission meeting. He said that staff had asked
for parks and bike trails. He said that, due to traffic safety, the park location proposed at
the last Zoning Advisory Commission meeting was shifted to an interior lot. He said the
bike trail is not needed in this subdivision because there is no connection for it.
Mr. McDermott said that the City has not provided clear standards for green development.
He said that covenants for his subdivision require that all houses are energy star rated. He
said there are many other collector streets in the community that have direct driveway
access and that the section of his subdivision with direct access onto the collector street
will only be a quarter mile in length. He asked the Zoning Advisory Commission to approve
the plat as submitted.
Minutes -Zoning Advisory Commission
December 5, 2007
Page 2
Staff Member Kritz discussed the conditions on the preliminary plat. He noted that
limitations on access, a requirement for a bike lane and final review by the Zoning Advisory
Commission had been proposed. He said that the final plat shifts the park to the interior of
the development from the original location at the entrance near English Mill Road. He
discussed the park size and access. He reviewed the bike lane alignment and various
parking scenarios for the bike path which he said would eliminate parking and require a
five-foot wide bike lane on both sides of the street. He discussed possible connections
from the bike trail to the proposed alignment for the Southwest Arterial. He said that there
are no current City standards preventing driveway access to a collector street.
Chairperson Bird asked if the subdivision be phased relative to the park. Mr. McDermott
said that he will initially create 40 lots and that the park will be part of the first phase of the
subdivision. He said that if parking is prohibited on both sides of the street it would be
necessary to create a parking lot for the proposed park area.
Commissioner Hardie stated that the recommendation for bike/hike trails and limitations on
access to the connector street came from the Zoning Advisory Commission, not from City
staff. He said he agrees that the City should have a strategy for green development and
provision of bike trails. He said that he is encouraged that the park will be provided in the
first phase of the development. He said his only concern is that the park may not be ideally
located being next to the C-3 zoned property. He said that it appears that the proposed
bike trail may not have a connection to the bike trail system until well into the future. He
said he is okay with the proposed driveway accesses onto the collector street.
Commission Stiles concurred with Commissioner Hardie. He stated that the Zoning
Advisory Commission tested the proposed conditions with Mr. McDermott's representative
at the last meeting and he concurred with them.
Chairperson Bird said that he approves of the final plat as submitted.
Staff Member Kritz said that park and trail standards will be proposed through the Unified
Development Code process.
Motion by Hardie, seconded by Smith, to approve the Final Plat of English Ridge LLC as
submitted. The motion was approved by the following vote: Aye -Smith, Hardie, Christ,
Miller, Schiltz, Stiles and Bird; Nay -None.
ACTION ITEMIFINAL PLAT SERENITY RIDGE: Application of John Herrig for approval of
the Final Plat of Serenity Ridge Subdivision located along Derby Grange Road.
The Commission decided to table the Final Plat of Serenity Ridge Subdivision at the
applicant's request.
Motion by Hardie, seconded by Stiles, to table the request. Motion approved by the
following vote: Aye -Smith, Hardie, Christ, Miller, Schiltz and Stiles; Nay -None.
Minutes -Zoning Advisory Commission
December 5, 2007
Page 3
ACTION ITEMICITY COUNCIL REFERRALIMEDICAL ASSOCIATES CLINIC: Application
of Medical Associates Clinic /Robert Hartig for approval to amend the existing Associates
Park Planned Unit Development District, located at 1500 Associates Drive, to designate a
portion of the existing greenway buffer for business use.
Staff Member Kritz stated that the City Council referred the request back to the Zoning
Advisory Commission because a Commissioner had visited the site. He said the Council
provided the Commissioners the opportunity to visit the site individually to put the
information presented at the public hearing into perspective.
Staff discussed the procedure for reconsideration.
Motion by Hardie, seconded by Schiltz, to reconsider the request to amend the existing
Associates Park Planned Unit Development District. Motion failed by the following vote:
Aye -Smith; Nay -Hardie, Christ, Miller, Schiltz, Stiles and Bird.
Staff Member Kritz said that the request will be heard on the December 17, 2007 City
Council meeting.
PUBLIC HEARINGIREZONINGIKRESS INDUSTRIAL FACILITY: Application of Toby
Kress, Kress Industrial Facility to rezone property located south of Old Highway Road and
west of railroad line from County R-1 Residential District to City LI Light Industrial District,
in conjunction with annexation.
The Commission decided to table the rezoning application at the applicant's request.
Motion by Stiles, seconded by Miller, to table the request until the January 2, 2008 Zoning
Advisory Commission meeting. Motion approved by the following vote: Aye -Smith,
Hardie, Christ, Miller, Schiltz, Stiles and Bird; Nay -None.
PUBLIC HEARINGITEXT AMENDMENTICITY OF DUBUQUE: Application of the City of
Dubuque for approval of a text amendment to increase required separation between adult
entertainment establishments from 50 feet to 2,500 feet.
Staff asked that the Zoning Advisory Commission table this request until a future meeting.
Motion by Christ, seconded by Hardie, to table the text amendment request until a future
meeting. Motion was approved by the following vote: Aye -Smith, Hardie, Christ, Miller,
Schiltz, Stiles and Bird; Nay -None.
ITEMS FROM STAFF:
Ex Parte Communication
Staff Member Kritz discussed the memo provided by City Legal staff regarding
Commissioner site visits and ex parte communication.
Minutes -Zoning Advisory Commission
December 5, 2007
Page 4
Commissioner Stiles said he feels it is important to follow the City's policies.
Green Citv Task Force Representative
Staff Member Kritz outlined the memo requesting that the Commission appoint a
representative to the Green City Task Force. Commissioner Stiles volunteered and was
appointed unanimously.
ITEMS FROM COMMISSION:
Ex Parte Communication
Commissioner Schiltz said that he was the Commissioner that visited the Associates Park
site but wanted to clarify that it was not at the invitation of the applicant, Medical Associates
Clinic. He said he feels the City Attorney had vacillated on his position regarding ex parte
communication.
Commissioner Hardie stated that he was surprised that any Commissionerwould disregard
the policy prohibiting speaking with the applicant or neighbors.
Commissioners discussed the memo and felt that it was important that all Commissioners
abide by the policy, as established.
ADJOURNMENT: The meeting adjourned at 7:30 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner
Adopted