Minutes_Zoning Advisory Commission 9 7 16 Dubuque
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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.
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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.
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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.
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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