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Minutes Zoning Adv Com 4 3 02PRESENT: ABSENT: MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, April 3, 2002 6:30 p.m. Auditorium, Five Flags Civic Center 4th & Main Streets, Dubuque, Iowa Chairperson Eugene Bird, Jr.; Commissioners Jeff Stiles, Richard Schlitz, Martha Chdst, Stephen Hardie, Ben Roush and Ron Smith; Staff Members Laura Carstens, Guy Hemenway and Kyle Kritz. Commissioner Martha Chdst. 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 March 6, 2002 meeting were approved unanimously as submitted. ACTIONS ITEMS: CITY OF DUBUQUL~FINAL PLAT~DUBUQUE INDUSTRIAL CENTER WEST: Application of the City of Dubuque for approval of the final plat of Lots H, I and J of Dubuque Industrial Center West. Staff Member Kritz stated that this plat represents a major subdivision, but it has only two lots. He said that this subdivision would provide for future extension of Chavenelle Road with two parcels, one north and one south of the new extension. Motion by Hardie, seconded by Smith, to approve the final plat of Lots H, I and J of Dubuque Industrial Center West as submitted. Motion was approved by the following vote: Aye - Smith, Hardie, Stiles, Schlitz, Roush and Bird; Nay - None. RUBLOFF DEVELOPMENT/SITE PLANIASBURY PLAZA: Application of Rubloff Development Group, Asbury Plaza, to approve the site plan for Phase I of Asbury Plaza. Staff Member Kritz outlined the property history for Asbury Plaza and subsequent amendments to said district. He outlined the current site plan and landscaping plan for Phase I of Asbury Plaza. He stated that the development represents an additional 135,000 square feet of retail space and included a right-in/right-out access from the Northwest Arterial. He said the development will step down to conform to the existing grade. He discussed the extensive landscaping for the site, including street trees. He also discussed storm water detention measures taken by the developer. Chairperson Bird asked if the right-in/right-out access was approved by the City. Staff Member Kritz said that the City of Dubuque and Iowa Department of Transportation have reviewed the proposed access. Minutes - Zoning Advisory Commission April 3, 2002 Page 2 Motion by Schlitz, seconded by Stiles, to approve the site plan for Phase 1 of Asbury Plaza as submitted. Motion was approved by the following vote: Aye - Smith, Hardie, Stiles, Schlitz, Roush and Bird; Nay - None; PUBLIC HEARINGS REZONING/SISTERS OF ST, FRANClSI100'I DAVIS: Request to reconsider the motion to rezone the Shalom Center at 1001 Davis from R-1 Single-Family Residential district to OR Office Residential District. Chairperson Bird explained the reconsideration process. Motion by Stiles, seconded by Schlitz, to reconsider the rezoning application of the Sisters of St. Francis. Motion was approved by the following vote: Aye - Smith, Stiles, Schlitz, Roush and Bird; Nay - Hardie. Commissioner Smith stated that he was not at the original public hearing; however, he had read materials regarding the proposed rezoning and felt it was an appropriate request. Original motion by Schlitz, seconded by Stiles to approve the rezoning. Motion was approved by the following vote: Aye - Smith, Stiles, Schiltz, Roush and Bird; Nay - Hardie. I~F?ONING/MWF PROPERTIESIFELDERMAN BUSINESS PARTNERSHIP/RAVEN OAKS: Request to reconsider motion to rezone property at the end of Raven Oaks Drive to amend the PUD Planned Unit Development District to allow construction of 64 multi-family housing units. Chairperson Bird stated that after reconsideration he feels that the proposed residential development meets the criteda for rezoning. Motion to reconsider by Bird, seconded by Stiles. Motion was approved by the following vote: Aye - Smith, Hardie, Stiles, and Bird; Nay - Schlitz and Roush. Chairperson Bird stated that he will not be reopening the public hearing. Original motion to approve by Stiles, seconded by Christ. Motion was approved by the following vote: Aye - Smith, Hardie, Stiles, and Bird; Nay - Schlitz and Roush. REZONINGIGRONEN PROPERTIES7 L.L.C./2027& 2035 ELM STREET7 349 & 369 E. 20'~ STREET7 20067 20107 20247 20327 2036~ 2042 & 2046 WASHINGTON STREET: Application of Gronen Properties, L.L.C. to rezone property at 2027 & 2035 Elm Street; 349 & 369 E. 20th Street; and 2006, 2010, 2024, 2032, 2036, 2042 and 2046 Washington Street from R-2A Alternate Two-Family Residential District to C-2 Neighborhood Shopping Center District. Minutes - Zoning Advisory Commission April 3, 2002 Page 3 John Gronen outlined his project, He stated that he wants to develop commercial and retail opportunities in this neighborhood. He said that this sort of commercial development is needed on the city's north side. He stated he has contacted a large percentage of the residents in the area and most have expressed support for the project, He discussed the development layout and distributed a map indicating the neighbors that are in support of the project. Chairperson Bird entered into the record letters and petitions in support of the project, and two other letters from adjacent property owners, into the record. Staff Member Kritz discussed the surrounding zoning and uses, the development's design and the uses permitted in a C-2 District. He said that the proposed project is located along an arterial. He discussed the north end's development history. Tammy Walsh, 2043 Washington Street, spoke in favor of the project. She said this would be good for the neighborhood and will provide jobs. Joe Healy, 2586 Crissy Ddve, said that he owns a rental unit at 2049 Washington. He said that this area is blighted and that the neighborhood will benefit from the proposed commercial development. He said he feels that this commercial center will increase the value of adjacent properties. Dan Shireman, representing the Washington Neighborhood Council, said that the buildings in the area are run down. He said that he would like the area to remain residential. He said that this much commercial development will increase traffic near Audubon School. He said that it would also increase traffic on Washington, Elm and 21st Streets. He stated that the neighbors fear that many homes in this area will be demolished for the storm water district and that the proposed development would remove up to 11 additional homes. He said that the Iow-income people in this neighborhood are afraid that the property taxes will increase and that many of the poor people in this area may be uprooted. He said that affordable residential areas are rapidly disappearing. David Chatfield said he represented his mother, Mildred Butikofer who lives very close to the project, at 2099 Elm Street. He said that John Gronen has been very informative throughout the entire process. He stated that his mother felt that this development will represent a major improvement to the neighborhood and will serve to eliminate rental units, which have not been maintained. He stated that his mother is concerned with safety in the neighborhood. Rite Brothers, 2130 Elm Street, said that there is not a criminal problem in her neighborhood. She stated that she is concerned with potential increase in traffic on the area's narrow streets. She said she is also concerned that many homes may be removed from this neighborhood. Sheila Walters, 2058 Elm Street, said that Mr. Gronen has kept the neighbors informed regarding his plans. She stated that he has fixed up the intedor of many of the rental Minutes - Zoning Advisory Commission April 3, 2002 Page 4 homes in this area. She said there is a need for revitalized retail area in this neighborhood. John Kretz, owner of the Sinclair Station on Rhomberg Avenue, said that this project is good for the entire neighborhood. He said it will provide jobs, increase the tax base and provide much needed retail options for citizens in this area. He said that traffic in this area is a problem. He said that he feels it is appropriate to let City staff, the neighbors and the developer build this area together. Andrea Shireman, representing the Washington Neighborhood Center, said that homes in this neighborhood need to be renovated. She said that the City should encourage landlords to be active in the neighborhoods and improve their structures. She stated that~she is concerned with the additional traffic that will be generated by the proposed development. She said she felt that Mr. Gronen should concentrate on building new housing in this area. Linda Green, 421 Rhomberg Ave., said that she lives in the neighborhood. She said that new retail would be a great addition to this area. She said that her mother always wanted Mr. Gronen to develop her property. John Gronen stated that he will work with City staff to guarantee a logical traffic configuration for this area. He said that many of the houses in this area were in disrepair, and he has fixed them up to meet City standards. He stated that the existing development would not be increased in size. Chairperson Bird asked about screening. Mr. Gronen said that he is willing to screen to help keep noise, activity and foot traffic from crossing onto adjacent residential lots. Chairperson Bird asked about storm water detention. Mr. Gronen said that his site plan and building plans will meet the City standards and he will try to improve the existing conditions regarding storm water runoff. Commissioner Stiles asked if there was a residential component to the commercial development. Mr. Gronen said that he was not sure; it depends on what the anchor retail tenants wants and what kind of incentives he receives from City Housing. Commissioner Stiles encouraged Mr. Gronen to explore mixed-use development, stating that additional housing would be a positive for the neighborhood. Mr. Gronen stated that he planed to leave his rental units in place until such time as the development is ready to be constructed. Commissioner Stiles asked if the street in this area could be improved. Staff Member Kritz stated that parking would have to be removed to increase lane width. Staff Member Kdtz discussed traffic and street design in this area. He stated that the City Council is the only body that had the authority to remove on-street parking. Commissioner Hardie said that Mr. Gronen's is a well-constructed plan that will be good for the entire neighborhood and that he supports it. Commissioner Stiles said that the developer has a good track record and also the support of many of the neighbors. Minutes - Zoning Advisory Commission April 3, 2002 Page 5 Motion by Schlitz, seconded by Smith, to approve the rezoning as submitted. Motion was approved by the following vote: Aye - Smith, Hardie, Stiles, Schlitz, Roush and Bird; Nay- None. REZONING/MALONE & WOLFF/940-990 CEDAR CROSS ROAD: Application of Ron Malone and Keith Wolff to rezone property from CS Commercial Service and Wholesale District to C-3 General Commercial District. Keith Wolff spoke in favor of the request, noting that the traffic counts have increased over the years, which facilitates retail businesses along the Cedar Cross corridor. He stated that there is no residential property nearby. He also said that the C-3 District allows him a greater range of uses which will aid him in leasing out the commercial spaces. Staff Member Hemenway reviewed the history ofthe subject rezoning request. He reviewed the increase in traffic on Cedar Cross Road based on the IDOT counts. He reviewed the C-3 land uses. The Commission discussed the request. Commissioner Hardie stated he did not feel C-3 style development is appropriate adjacent to the surrounding CS uses. Motion by Stiles, seconded by Schlitz, to approve the request as submitted. Motion was approved by the following vote: Aye - Smith, Schlitz, Roush and Bird; Nay - Hardie and Stiles. REZONINGIDAVlSI840 ROOSEVELT STREET: Application of Randy Davis to rezone property at 840 Roosevelt Street from R-1 Single-Family Residential District to CS Commercial Service and Wholesale District. Randy Davis reviewed his request, noting that he has owned this property for six years and has operated Davis Towing as a legal non-conforming use. Mr. Davis indicated that Boyes Junk Yard is directly across Roosevelt Street from his site. Staff Member Hemenway reviewed the history of the site, noting that auto repair, towing and residential uses are ongoing at this location. He discussed the surrounding property, land use and zoning. Ron Mueller, 855 Salem Street, reviewed the history of the site, including what uses have been present. He indicated that a car lot is not needed at this comer. He reviewed the location of the city alley, which he contends the applicant has placed stored vehicles on. He stated that the applicant's building and mobile home is encroaching on the alley. Oakley Bandy, 3934 Inwood, reviewed the history of the area. He supported the previous speaker's remarks, and noted that the new houses are being built in the area, which has been steadily improving since he moved there. Minutes - Zoning Advisory Commission April 3, 2002 Page 6 Mike Culbertson, 871 Salem Street, stated he is in opposition to the proposed rezoning. He stated that he felt a car lot at this location is not appropriate. Mr. Davis stated that he checked with zoning officials prior to buying the property and he does not believe that the proposed zoning is inappropriate. The Commission reviewed the history of the property, including past zoning enforcement. Commissioners voiced concern with the wide range of uses allowed in the CS District directly adjacent to residential uses. They also stated that they were concerned with the increase in traffic at this problematic intersection. Motion by Schlitz, seconded by Smith, to approve the rezoning as submitted. The motion was denied by the following vote: Aye - None; Nay - Smith, Schlitz, Stiles, Roush, Hardie and Bird. REZONING/CITY OF DUBUQUE/PORT OF DUBUQUE: Application of the City of Dubuque to rezone property from ROD Redevelopment Overlay District, HI Heavy Industrial District, MHI Modified Heavy Industrial District, CS Commercial Service and Wholesale District and CR Commercial Recreation District to PUD Planned Unit Development District and adopting a Conceptual Development Plan to be known as the Port of Dubuque Riverfront District. Staff Member Carstens discussed the master plan with the Port of Dubuque and its linkage to the master plan with the Port of Dubuque Planned Unit Development. She discussed permitted uses in the PUD. She discussed the differences between Zone A and Zone B. She discussed the change in uses compared to existing businesses and resultant non-conformities. She stated that the test for non-conforming uses has grown more stringent resulting in a change from 75% to 50% of replacement value. She said that some businesses will become non-conforming and cannot be replaced in excess of 50% of their value. She discussed the variance and appeal differences for Zones A and B; She said that the rezoning is a logical step in the implementation of the master plan for this area. She clarified the variance procedure for the Urban Renewal Distdct versus other zoning districts. Commissioner Schlitz asked if the rezoning represented an unconstitutional taking, as indicated in the letter from the law firm of Hughes and Trannel. Staff Member Carstens said that the non-conforming section of the City of Dubuque Ordinance is faidy typical. She said that non-conforming businesses can continue to operate much as they have in the past, but are limited in expansion and reconstruction. Commissioner Schlitz said that he feels this is an intrusion on private property rights. Staff Member Carstens explained that the legal staff has reviewed and approved the language in the PUD concerning non-conformities. Chairperson Bird stated that he would like to enter into the record a letter from Dodds Terminals through the legal firm of Hughes and Tranel. Dave Ingstrom, representing Mutual Wheel, said that he may be asked to relocate at some time in the future. He said that he does not feel that Zone B should be rezoned for 8-10 years. He said he feels that a relocation strategy should be in place prior to Minutes - Zoning Advisory Commission April 3, 2002 Page 7 rezoning. He said that he is concerned with the 50% replacement standard, and he stated that his business is well established at this location. Dennis Dodds, representing Dodds River Terminals, agreed with Mr. Ingstrom. He said that several businesses are affected by this rezoning, and he would like to be relocated or compensated if he loses his business. John Hendry, representing the Adams Company, said that he discussed relocation with the City. He said he is opposed to the rezoning because it will affect his ability to fully use his property. He said that the Adams Company has saved property adjacent to their facility for future expansion, if necessary. He said that this represents a taking of the property, and that the rezoning is premature. Karen Underhill stated that she owns a trucking company at 10 Terminal Street, and that it would be impossible for her to screen her tractor-trailers as required by the PUD regulations. Mark Molo, 123 Southern Avenue, said that he owns property on the south and north areas of the Ice Harbor. He said that this area will easily take 10 years to develop, and this represents a taking of property without just compensation. Randy Kemp stated that he owns Mac Trailers, and is concerned with the street alignment that appears to compromise his property. Jim Schumacher, representing Lamar Advertising, said that he is not opposed to the intentions of the Port of Dubuque PUD, but he said he has concerns with loosing signs along the Freeway Corridor. He said he is also concerned with the 50% replacement requirement and with loosing the ability to place signs throughout the corridor. He said that the new PUD regulations do not allow outdoor advertising. Carter Newt, representing Newt Marina Service, said that if the rezoning is approved, Newt Marine would not be able to expand its business. He said he is concerned with the PUD screening requirements. He said that these requirements will make it difficult for Newt Marine to conduct its business. He stated that if development is 8-10 years down the road, there is no need to rezone at this time. Staff Member Carstens said that she would answer any questions that the Commission had. She stated that she understands the concerns of the property owners. She said the City is dedicated to moving forward with the Port of Dubuque Master Plan and with the America's River Project. She said that the goal of the master plan is removal of blight, relocation of existing businesses and redevelopment of the area. She said the impetus for the rezoning is to insure that the goals and objectives of the plan are realized. She said the Port of Dubuque PUD is a component of the Comprehensive Plan and the Master Plan for the Port of Dubuque. Commissioner Smith asked why the more stringent 50% rule is necessary. Staff Member Carstens replied that because of the magnitude of the project and the Minutes - Zoning Advisory Commission April 3, 2002 Page 8 investment in this area the stricter standard is warranted. Commissioner Smith said that this area may not develop for 10 years. He said the Commission and City Council should wait for development to occur before rezoning. He asked about the screening requirements. Staff Member Carstens made the distinction between stored equipment and parked vehicles. Commissioner Smith asked if Zone A could be separated from Zone B and separate action undertaken on each. Staff Member Kritz said that Zone A and B are part of the same ordinance and would be difficult to separate the two. Staff Member Carstens said the Commission could recommend to the City Council that the districts be rezoned separately. She said that she can ask that the legal staff to review the requirements regarding a delayed rezoning. Commissioners discussed splitting Zones A and B. Commissioner Hardie said that the area has been studied for 15-20 years. He said that conditions have changed dramatically because of recent development, and there is currently a master plan in place. He said that the rezoning for this property would be no easier tomorrow than it is today. He stated that he felt the Commission and City must move forward with this rezoning to satisfy the demands of the Master Plan. He said that then the owners are put on notice as to what the plan is and can make decisions based on the existing zoning. Commissioner Schlitz felt that the Commission should not take away the rights of the small business owners.' Commissioner Smith recommended that there be provisions for property owners to rebuild on the same footprint as the existing structures. Commissioners discussed the non-conforming status of properties and potential for building or relocation of structures. Staff Member Kritz discussed non- conformity. Commissioners discussed tabling the proposed rezoning. Commissioner Roush stated that he would be inclined to vote against rezoning Zone B. He said he was concerned with the dghts of the property and business owners in this area. Staff Member Carstens referred Commissioners to Section 9, Page 11, of the PUD. Commissioners discussed tabling the proposed rezoning or separating Zones A and B. Commissioner Stiles said that he felt it would be appropriate to approve the rezoning with the recommendation that the rezoning for Zone B be delayed. Motion by Smith, seconded by Stiles, to approve the rezoning of Zone A, with the recommendation that the rezoning of Zone B take effect five (5) years from the date of publication of the rezoning. Motion was approved by the following vote: Aye - Smith, Hardie, Stiles, Schlitz, Roush and Bird; Nay - None. TEXT AMENDMENT/CITY OF DUBUQUE/FREEWAY 611151: Application of the City of Dubuque to amend the Freeway 61/151 Sign Overlay Distdct (SOD) to replace the SOD with the Port of Dubuque Planned District sign regulations. Jim Schumacher, representing Lamar Advertising, asked if the sign overlay district were removed from the Port of Dubuque PUD would Lamar's two billboards along the freeway corridor become non-conforming. He stated that this amendment would serve to eliminate billboards from the entire corridor. Motion by Smith, seconded by Stiles, to approve the amended Freeway 61/151 Sign Overlay Distdct language to replace it with the Port of Dubuque Planned Distdct Sign Minutes - Zoning Advisory Commission April 3, 2002 Page 9 regulations. Motion was approved by the following vote: Aye - Smith, Hardie, Stiles, Schlitz, and Roush; Nay - None; Abstain - Bird. TEXT AMENDMENT/CITY OF DUBUQUE/SOUTHWEST ARTERIAL CORRIDOR: Application of the City of Dubuque/Iowa Department of Transportation to amend Section 6-1.5.5 and 4-4.2 of the Zoning Ordinance and Section 42-16 of the Subdivision Regulations regarding a development moratorium in the proposed Southwest Arterial Corridor. Staff Member Kritz said that the moratorium request is an effort to allow the Iowa Department of Transportation and the City to continue to study the corridor. He said that the Zoning Advisory Commission must review all text amendments. Mr. Klm Sandford, 12033 Cousins Road, stated that he wants to build a garage on his property. He said that the Southwest Arterial planning process has been ongoing and may continue indefinitely. He stated that he felt that the Commission should deny the request, which would hopefully enable him to build a garage on his property. Commissioner Schlitz agreed with Mr. Sanford, stating that funding is not in place for the highway, and that he should be allowed to build. He said he did not feel it was fair to continue to tie the hands of property owners in the area. Motion by Stiles, seconded by Hardie, to approve the text amendment. Motion was denied by the following vote: Aye - None; Nay - Smith, Hardie, Stiles, Schlitz, Roush and Bird. ITEMS FROM COMMISSION: Staff Member Hardie recommended that the rehearing process be modified. He recommended that if a rehearing is requested, it should be set for a public hearing at the next regular meeting. The Board discussed the rehearing process. Staff recommended that at meetings where a full compliment of commissioners are not present, that after the initial motion is voted on, Commissioners immediately vote to rehear the case at the next regular meeting. The Commissioners agreed that this was the best policy. ADJOURNMENT: The meeting adjourned at 10:10 p.m. Respectfully submitted, Guy Hemenway, Assistant Planner Adopted