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Minutes_Zoning Advisory Commission 9 7 16 Dubuque THE CITY OF DUB E I IIS' D Eq Masterpiece on the Mississippi ,, . e,.m„ MINUTES CITY OF DUBUQUE ZONING ADVISORY COMMISSION REGULAR SESSION 6:00 p.m. Wednesday September 7, 2016 City Council Chamber, Historic Federal Building Commissioners Present: Chairperson Tom Henschel; Commissioners Steve Baumhover, Rich Russell, Pat Norton and Michael Belmont. Commissioners Excused: Martha Christ and Laura Roussell. Commissioners Unexcused: None. Staff Members Present: Kyle Kritz and Guy Hemenway. CALL TO ORDER: The meeting was called to order by Chairperson Henschel at 6:00 p.m. AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying the meeting was being held in compliance with the Iowa Open Meetings Law. MINUTES: The minutes of the August 3, 2016 Zoning Advisory Commission meeting were approved unanimously as submitted. ACTION ITEMS: Waiver: Application of Keith and Tina Wolff, 210 Cedar Cross Road to request to waive section 13-4.6(A) of the Unified Development Code regarding the requirement for a ten (10) foot parking landscape buffer. Keith Wolff, 3188 Highland Park Drive, said that the commercial building that he purchased was built in 1993. He said that at that time, the parking lot was constructed 7 feet from the front property line. He said that if he is required to meet the 10-foot setback for a landscape buffer, he would have to remove a portion of his parking lot. He said he would not only lose parking, but he would also lose maneuvering space for tractor/trailers on the site. Staff Member Kritz noted that the request is to waive Section 13-4.6(A) regarding a required 10-foot setback for a parking lot landscape buffer. He said that the existing site was built to standards that at the time were conforming. He said that as Mr. Wolff is proposing to increase the size of his building by more than 25% the Unified Development Code requires that he bring the entire site into compliance. He said that Minutes - Zoning Advisory Commission Page 2 September 7, 2016 reducing the required landscape buffer from 10 feet to 7 feet is not a substantial reduction. Commissioner Russell asked if landscaping would be required in the setback area. Staff Member Kritz noted that the landscaping would have to be placed in the existing 7-foot buffer. Commissioner Baumhover said that the request, based on site constraints, was reasonable. Commissioner Norton noted that the Commission is being asked to waive the dimension of the landscape buffer, but not the landscaping requirement. Commissioners discussed the request and felt it was appropriate. Motion by Baumhover, seconded by Russell, to approve the application to waive Section 13-4.6(A) of the Unified Development Code regarding the 10-foot parking lot landscape buffer. Motion carried by the following vote: Aye — Baumhover, Norton. Belmont, Russell and Henschel; Nay — None. Preliminary Plat: Application of Timber Ridge Estates, LLC, to approve the Preliminary Plat for Timber Ridge Estates located at 12041 Kennedy Road in Dubuque County. The applicant was not in attendance and Chairperson Henschel decided to move the application to the end of the meeting. Assessment of Significant Change: Application of Horizon Development / Scott Kwiecinski to modify the building height for property located at 3275 Pennsylvania Avenue. Commissioner Norton excused himself from the table. Scott Kwiecinski, 5201 E. Terrace Drive, Madison, Wisconsin, noted that the request is to construct a 60-unit senior apartment building in excess of the height originally approved. He said that after completing preliminary work and securing financing and final design, it was noted that the building height would be 47.75 feet instead of the 45 feet previously approved. He said that the building would be 37.5 feet high at the rear, which is the side that would face the adjacent residential neighborhood. He said that the site topography has dictated the design change. In response to a question from Commissioner Belmont, Mr. Kwiecinski said that the roof pitch would be 6:12 and that the adjacent senior apartment buildings had a 5:12 or 6:12 pitch. Minutes - Zoning Advisory Commission Page 3 September 7, 2016 Staff Member Kritz reviewed the Assessment of Significant Change process to the Commissioners. He said that they were to determine if the additional building height proposed was a significant change to the approved concept plan. He discussed Google street level shots of the adjacent buildings, and he said that their pitch is 5:12 but that the steeper gables have an 8:12 pitch. He noted that the rear of the building on the Carter Street side would be partially below grade and less of the building would be exposed than in the front. He said that he has not received any complaints from adjacent property owners regarding the other Applewood developments. Mr. Kwiecinski noted the new apartment buildings would have 9-foot ceilings unlike the 8-foot ceilings in the initial Applewood developments. Commissioner Russell asked if there would be solar panels placed on the roof of the proposed development. Mr. Kwiecinski said that they were shown on the concept plan, but they were not sure if they would be installed. Staff Member Kritz said that he had spoken to one of the neighbors regarding the building height, and that the height of the building was not an issue at the public hearing in September. Commissioner Russell noted that the building would be setback far from the Pennsylvania Avenue frontage. Commissioner Belmont said that he felt that the added building height did not represent a significant change to the overall concept plan. Motion by Belmont, seconded by Russell, stating that added building height did not represent a significant change. Motion carried by the following vote: Aye — Baumhover, Belmont, Russell and Henschel; Nay — None; Abstain — Norton. PUBLIC HEARINGS: Text Amendment: Application of the City of Dubuque to amend the Sections 16-10 and 16-13 of the Unified Development Code replacing, in various sections, references to Downtown Design Guidelines with Architectural Guidelines. Staff Member Kritz outlined the request, noting that the Architectural Guidelines adopted by the City Council in 2014 replaced the Downtown Design Guidelines. Commissioner Belmont asked if the Architectural Guidelines encompass all the regulations in the previous Downtown Design Guidelines. Staff Members said that the Architectural Guidelines are somewhat broader in scope and replaced the Downtown Design Guidelines. Commissioners discussed the request and felt it was appropriate. Minutes - Zoning Advisory Commission Page 4 September 7, 2016 Motion by Norton, seconded by Belmont, to approve the text amendment to replace the Downtown Design Guidelines with Architectural Guidelines in Sections 16-10 and 16-13 of the Unified Development Code. Motion carried by the following vote: Aye — Baumhover, Norton. Belmont, Russell and Henschel; Nay — None. Text Amendment: Application of the City of Dubuque to amend the City Code to change the meeting requirement for the Long Range Planning Advisory Commission, the Zoning Board of Adjustment and the Zoning Advisory Commission. Staff Member Kritz outlined the request, noting that as written, the ordinance would require that meetings be held monthly; however, in some situations when there are no agenda items the Chairperson can request the meeting be cancelled. He said that this text amendment would enable the Chairperson to do so. Commissioners discussed the proposed code language, and felt it was appropriate. Motion by Belmont, seconded by Baumhover, to approve the amendment to the City Code changing the meeting requirement for Long Range Planning Advisory Commission, Zoning Board of Adjustment, and the Zoning Advisory Commission. Motion carried by the following vote: Aye — Baumhover, Norton. Belmont, Russell and Henschel; Nay — None. Preliminary Plat: Application of Timber Ridge Estates, LLC. to approve the Preliminary Plat for Timber Ridge Estates located at 12041 Kennedy Road in Dubuque County. Chairperson Henschel decided to proceed with the request in the absence of the applicant. Staff Member Kritz outlined the staff report, noting the location of the subdivision. He said that as it is located in the County joint review is required. He said the plat is a 19- acre, 17-lot residential subdivision that was formerly agricultural land. He said the property would be accessed from Kennedy Road along a private street. He discussed the street configuration. He said that the applicant has provided water and sewer easements for potential future extension of City utilities to the site. He said that they are asking to waive the street standard to 22 feet of paved surface on a 50-foot right-of-way. He discussed the sustainable tools point system, noting that the subdivision will comply with solar lot configuration, reduced paving width and enhanced stormwater management techniques to achieve the subdivision requirements. He said the plat includes a note that Lots 1 , 13, 14, 16, and 17 will not be allowed access to Kennedy Road. He recommended approval of the preliminary plat subject to waiving the street width. Minutes - Zoning Advisory Commission Page 5 September 7, 2016 Commissioner Russell discussed the public utility easement, noting that he felt that the easement should be labeled "access easement', otherwise it would not guarantee future access to adjacent properties. He said it would also make it clear for potential property owners that the street access may be located along their lot. Commissioners discussed the potential to label the stub street as "access and utility easement." Staff Member Kritz noted that the adjacent property could be accessed from Rupp Hollow Road and that the stub street for a small subdivision would not be required if the subdivision was located in the city. Motion by Belmont, seconded by Norton, to approve the Preliminary Plat for Timber Ridge Estates subject to waiving the street standard for Forest Glen Court and Timber Court. Motion carried by the following vote: Aye — Baumhover, Norton. Belmont, and Henschel; Nay — Russell. ADJOURNMENT: The meeting adjourned at 7:00 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted