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Minutes Zoning Adv. C. 3 6 02 MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, March 6~, :~002 6:30 p.m. Auditorium, Carnegie Stout ~.ibrary 360 W. 11th Street, Dubuque, iowa D?A F T PRESENT: ABSENT: Chairperson Eugene Bird, Jr.; Commissioners Jeff Stiles, Dick Schlitz, Stove Hardie and Ben Roush; Staff Members Guy Hemenway and Kyle Kritz. Commissioners Martha Christ and Ron Smith. 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 February 6, 2002 meeting ware approved unanimously as submitted. ACTION ITEa/RMINOR FINAL PLA'r~POTTER: Application of Scott Potter for approval of a minor final plat of Davis Place II located at 511-515 Garfield Avenue. Scott Potter reviewed his final plat with the Commission and offered to answer questions. Staff Member Hemenway reviewed the property line changes, noting that the plat allows for construction of a new 19-room boarding house. He said that the plat exceeds minimum lot standards and that the proposed and existing structures will meet required setbacks, He said that the lots are large enough to accommodato the required off-street parking. Motion by Hardie, secended by Roush, to approve the minor final of Davis Place II as submitted. Motion was approved by the following vote: Aye - Hardie, Stiles, Schlitz, Roush and Bird; Nay - None. ACTION ITEMtPLAT OF SURVEY~ERRIG: Application of Eldon Herrig for approval of the Plat of Survey of Lots 1, 2 & 3 of A.H. Oeth Subdivision No. 5 located on Rockdale Road. Eldon Herrig, 150 Bradley Street, said that he wants to subdivide the back half of two lots on which are two single-family residences with frontage along Rockdale Road. He stated that he might build a multi-family residence on the proposed lot in the future. He stated that the plat would indicato an access easement from Kehl Court between two existing apartment buildings to the subject lot. Staff Member Kdtz stated that the proposed lot would be zoned R-4, Multi-Family Residential Zoning district and would have not have frontage on a platted street. He Minutes - Zoning Advisory Commission March 6, 2002 Page 2 stated theme would, however, be a 24-foot easementSrcm Kehl Court accessing the lot. He said that the new lot could accommodate a six-plex. He said that the fire marshal approved the proposed access to the proposed lot. He~ stated that Engineering required water and sewer access easements as a condition necessary for plat approval. Commissioner Hardie questioned creating a lot with no frontage. Commissioner Schlitz asked if the Zoning Advisory Commission had approved this bJpe of request in the past. Staff Member Kritz stated yes; however, generally on lots with existing structures. Ch, airperson Bird said he felt this request was appropriate because the access will be between two existing apartment buildings. Commissioner Stiles stated that he felt that creating a lot with no frontage wes not appropriate. Motion by Schlitz, seconded by Roush, to approve the plat of survey of Lots 1,2 and 3 of A.H. Oeth Subdivision No. 5, subject to waiving the lot frontage for Lot 3, and with the requirement easements forwaterand sewer be platted. Motion was approved by asimple majority with the following vote: Aye- Rousch, Schlitz and Bird; Nay - Hardie and Stiles. PU_~L~ HEARING%REZONINGUI~NF PROPERTIF _~/FELDERMAN BUSINESS PARTNERSHIP (TABLED): Application of MWF Properties/Felderman Business Partnership (tabled) to amend the PUD Planned Unit Development District located at the end of Raven Oaks Drive to allow construction of 64 multi-family housing units. NOTE: Original motion to approve by Stiles, seconded by Christ. Commissioner Hardie recommended that the applicant highlight only the changes proposed to the original project. Chairperson Bird stated that the public hearing had been closed and asked Commissioners whether they felt it was necessary to me-open the meeting to the public. Commissioners decided to re-open the public hearing. Steve Ulstad, architect representing MWF Properties, said that the developer metwith the neighbors and he referenced the meeting notes, which were distributed to the Commission. Mr. Ulstad discussed traffic counts, stating that theme were approximately 400 average daily trips on Raven Oaks Drive, 516 on Marywood Street, and 1,850 on Spring Valley Drive. He said that Raven Oaks had the least traffic of any of the surrounding streets and that said traffic has direct access onto a minor arterial. He said traffic originating on Raven Oaks Drive would not travel through existing neighborhoods. He said that Raven Oaks right-of-way width is 25 feet with no parking allowed. He said that the width of the pavement for Marywood and Spring Valley Drive is 31 feet, but that parking is allowed on both sides of Marywood and on a portion of Spring Valley Drive, which inhibits traffic and emergency access. Chairperson Bird entered into the record a letter from the Millers' at 3115 Arbor Oaks Drive. Minutes - Zoning Advisory Commission March 6, 2002 Page 3 Laura Goedken, 3109 Arbor Oaks Drive, submitted twe letters, one with 96 signatures, and the other with 29 signatures, in opposition to the proposed project. She also distributed transparencies with the original senior housing projec~t and the new development. She stated that traffic and noise will impact her property value. Eldon Herdg, 150 Bradley Street, said that he is member of the Ecumenical Housing Board. He said he felt that there is not enough demand for Iow cost housing in the City. He said that the proposed project would compete with existing Iow-income housing. He said that there are currently too many vacancies. Donna Morals, representing Ecumenical Housing, said that Kennedy Manor is across the street and many of their properties have up to a 12% vacancy rate. She outlined the status of Iow-income housing throughout the city using records from the City Housing Department. Ron Hicks, 2608 Rosewood Drive, said that he has five units of Iow income housing which are only 50% occupied. He said he cannot compete with large developments like the one proposed. He said this development has the potential to increase traffic next to a school. Karl Millius, 2680 Marywood Drive, said that he did not understand the traffic numbers. He said Marywood Drive has three exits. He said that Kennedy Manor is across the street from his house, and he feels there is too much Iow income housing in this area. John Herdg, Vice President of Dubuque Realtors, stated that there are currently high vacancy rates. He said ifa need for additional housing is demonstrated, area contractors will build. He said that many people in the private sector are not able to take advantage of the grant monies available for housing. David Steele, representing MWF properties, said that many of the issues raised by the neighbors were not zoning issues. He said that he felt his building and project would be less obtrusive than the elderly housing formerly proposed. He said that his buildings are 350 feet from the nearest house on Arbor Oaks and approximately 200 feet from the nearest residences on Marywood. He said that a market study indicated that there is a vacancy rate Iow enough that there is a demand for affordable housing. He said that creating competition for housing improves all housing stock. He said that many of the tenants would move from affordable housing and buy homes in the area. Commissioner Schlitz asked about the proximity of the proposed development to surrounding properties in the area. He asked if the tenants would be utilizing the entire property. He asked if the rents will be subsidized. Mr. Steele said that $600-700 will come from the tenant;, the rest from government subsidies. Commissioner Schlitz said that he felt Iow-income families could not afford $600-700 rent. Mr. Steele stated that his project would provide a better quality product. Commissioner Hardie said that affordable housing is not an issue for the Zoning Advisory Commission to consider. He said that Commissioners should consider density and traffic. He stated he is disappointed that the Minutes - Zoning Advisory Commission March 6, 2002 Page 4 senior housing project did not go forward. He said fl3at he felt that there is adequate green space surrounding the project to buffer adjacent lots. Commissioner Schiltz agreed that affordable housing was not the issue that he was concerned with. Commissioner Roush stated that he felt this was a nice project and that competition between developers is not an appropriate consideration for the Zoning Advisory Commission. He said he is concerned with the density of the development and the traffic it could potentially generate. Commissioner Stiles said that he was pleased with the original senior h~ing project, but that he felt this is also appropriate and that traffic concerns ware unwarranted. He stated that the project is surrounded by an open wooded area and well buffered fTom adjacent residences. Commissioner Schiltz said he felt that this is too intense a project that will generate too much traffic for the neighborhood. Motion by Stiles (original second Christ), to approve the amendment to the PUD. Motion wes denied by the following vote: Aye- Hardie and Stiles; Nay- Roush, Schiltz and Bird. PUBLIC HEARINGtREZONINGIANSEL: Application of Dennis & LoriAnsel (referred from City Council) to rezone property located at 2001 Rockdale Road from C-1 Neighborhood Commercial District and R-1 Single-Family Residential District to CS Commercial Service and Wholesale District. Staff Member Hemenway reviewed the staff report, outlining the timeline of the Ansel's rezoning process. Brenda Sullivan, representing Mr. and Mrs. Ansel, reviewed how their request had changed, stating that they reduced the area originally requested for rezoning. Staff Member Hemenway reviewed the staff report, noting the history of the site, and that a violation of the original conditional use permit had prompted the rezoning request. Staff Member Hemenway reviewed the surrounding zoning and land uses. The Commission reviewed the difference between the C-1 and CS districts. Michelle Malone, 1999 Rockdale Road, stated that she is opposed to the rezoning because of the long list of perm'~ed uses in the CS District. She stated that some of the uses are very intense and may potentially have negative impacts on adjacent properties. Mm. Malone indicated that there is not adequate space along Rockdale Road for parking, which has potential to restrict traffic visibility. Bill White, 2033 Rockdale Road, spoke in opposition to the request stating he was concerned with the potential number and intensity of uses permitted in the CS District. He stated that many of these uses would have the potential to devalue his property. Brenda Sullivan stated that the area to be rezoned is small enough that it is not likely many of the permitted uses would be viable at that location. Minutes - Zoning Advisory Commission March 6, 2002 Page 5 Commissioner Hardie said he feels that the Ansel's business has outgrown its property. He said he feels that the Ansels should relocate. The Commissioners felt that the intensity of CS zoning is not appropriate on the subject property because of its proximity to surrounding residential properties. Motion by Stiles, seconded by Schlitz, to approve the rezoning as submitted. Motion was denied by the following vote: Aye - None; Nay- Hardie, Stiles, Schlitz, Roush and Bird. PU_RL!C HEARING~REZONING~SI~TERS OF ST. FRANCIS: Application of Sisters of St. Francis to rezone property located at 1001 Davis Street from R-1 Single-Family Residential District to OR Office Residential District. Sister Margaret Jungers reviewed her proposal for the Shalom Retreat Center. She stated that the Shalom Center would like to offer massage therapy in a small portion of the existing structure. Joel Giennon, 1004 Davis Street, said he has no objections to the proposed use by the Sisters, but he does object to the rezoning of the subject property. He stated that this rezoning would create a business zone across the street from single-family homes. Merlin Pfeiler, 1010 Davis Street, said he does not object to what the Sisters are proposing, but he does not want the property to be rezoned. He stated he is concerned with the uses allowed in an OR District. He stated that if the property was to be rezoned, it should be conditioned on the rezoning only applying to the use the Sisters propose. Sister Margaret Jungers stated that the rezoning is necessary for the therapeutic massage center. She said the proposed massage center would be in the basement of the structure. She said that the hours of operation would be from 9:00 a.m. to 5:00 p.m. Monday through Friday. Staff Member Hemenway reviewed the staff report, noting that churches are allowed in an R-1 District; however, the types of uses proposed by the Shalom Center ara not considered accessory to a church. He said this is an interpretation that has been supported by the City Legal staff. The Commission reviewed permitted uses in an OR District and surrounding zoning and land use. The Commissioners discussed the potential changes that may occur if the property was sold or demolished. Commissioners discussed whether there has been changes in the neighborhood that warrant a change in zoning. Commissioners were concerned with the range of uses permitted in an OR district and the traffic and parking problems that may result from development of these uses. Motion by Schlitz, seconded by Stiles, to approve the rezoning as submitted. Motion wes denied by the following vote: Aye - Rousch, Schlitz and Bird; Nay -Stiles and Hardie. (Motion failed to carry a majority of seven members of the Commission). Minutes - Zoning Advisory Commission March 6, 2002 Page 6 PUBLIC HEARINGtREZONING[GREATER DUBUQUE DEVELOPMENT CORPORATION/KIRCHOFF FAMILY REALTY: Application of Greater Dubuque Development Corporafion/Kirchoff Family Realty to amend the PUD Planned Unit Development with a PI Planned Industrial designation for property located in ~ Dubuque Industrial Center to allow primary signs to identify products or services, and to permit a maximum of five primary signs per lot or premises. Chairperson Bird excused himself from the table because of a conflict. Dan McDonald, representing Greater Dubuque Development Corporation, reviewed the request, discussing the history of Kirchoff Distributing's development in the area. Mr. McDonald noted that Kimhoff is requesting two amendments to the district- 1) to allow the Budweiser name to be utilized; and 2) to allow five primary signs. Staff Member Hemenway reviewed the amendment request. Commissioners compared sign regulations for light and heavy industrial districts and the Dubuque Industrial Center's sign regulations. Rick Dickinson, Greater Dubuque Development Corporation, outlined the efforts undertaken to encourage Kirchoff's to locate in Dubuque. The Commissioners discussed previous amendments to the planned unit development. Commissioner Hardie expressed concern over the amount of square footage of the signs, and stated that all other companies within the PUD have complied with the regulations. The Commissioners further reviewed the PUD versus LI sign regulations. The Commissioners felt that the sign regulations for the PUD may need to be updated. Motion by Roush, seconded by Stiles, to approve the application to amend the PUD as submitted. Motion was approved by the following vote: Aye- Hardie, Stiles, Schlitz and Roush; Nay - None; Abstain - Bird. PUBUC HEARING~TEXT AMENDMENT~CITY OF DUBUQUE: Application of the City of Dubuque to amend the R-1 Single-Family Residential District, R-2 Two-Family Residential District and R-2A Alternate Two-Family Residential District sections of the zoning ordinance to allow off-street parking lots for churches and schools as a conditional use. Staff Member Hemenway reviewed the basis for the text amendment, reviewing the gap in the current ordinance language. He stated that properties in adjacent institutional and commercial districts have the ability to place parking lots in residential zones through the conditional use process. He said this amendment would enable schools, which are often found in residential districts, to place parking lots adjacent to their property through the same conditional use process. Commissioners said they felt that this amendment was appropriate. Minutes - Zoning Advisory Commission March 6, 2002 Page 7 Motion by Schiltz, seconded by Stiles, to approve the amendment as submitted. Motion was approve by the following vote: Aye - Hardie, Stiles, Schlitz, Roush and Bird; Nay - None. ITEMS FROM STAFF: City Planner Laura Carstens reviewed the draft Port of Dubuque Master Plan for the Commission. She reviewed Zone A and Zone B of the Port of Dubuque Planned Development. She discussed permitted uses, general provisions, and non-conforming status for properties in Zones A & B. Commissioners commended those involved in drafting the Port of Dubuque Plan stating they telt it is a well thought-out plan. ADJOURNMENT: The meeting adjourned at 9:30 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted