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Zoning 468 Lincoln WingerPlanning Services Department City Hall 50 West 13th Street Dubuque, Iowa 520014864 (563) 5894210 office (563) 5894221 fax (563) 690-6678 TDD planrdng@cityofdubuque.org November 10, 2003 The Honorable Mayorand City Council Membem City of Dubuque City Hall-50W. 13~Street Dubuque IA 52001 RE: Rezoning Applicant: Jay Winger/Winger Construction, LLC Location: 468 Lincoln Avenue Description: To rezone property from R-2A Alternate Two-Family Residential District to CS Commercial Service & Wholesale District. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The application, staff report and related materials are attached for your review. Discussion The applicant spoke in favor of the request, reviewing the proposed use of the property as a contractor shop and storage yard. He submitted petitions in favor of the request Staff reviewed the history of the property and surrounding zoning and land use. There was one person who spoke with concerns regarding the negative impact of the proposed rezoning and adjacent residential property. Letters with concems and a letter of opposition were received and filed. The Zoning Advisory Commission discussed the request, noting that the property abuts both commercial and residential property. The Commission discussed screening requirements and paving requirements for the CS District. Recommendation By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council approve the request, subject to providing a screening of arborvitae around the perimeter of the property in addition to the chain link fence. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Eugene Blt'd, Jr., Chairperson Zoning Advisory Commission Attachments Service People h~teg14ty Responsib~i~ Innovation Teamwork PLANNTNG APPL;ZCATTON FORM Planning Services Department Dubuque, ~ 52001.4864 Phone: 563-589-4210 Fax: 563-589-4221 F-JConditiona! Use Permit I-'lApp~al l--ISpedal ExJception r-iLimited Setbac~ Waiver l~ezoning r-iPlanned Distdct I--iPre~iminary Plat l-]Minor Final Plat r-iText Amendment i--]Simple Site Plan I-1Minor Site Plan [] Major Site Plan [] Major Final Plat [-ISimple Subdivision J--/Annexation J-]Temporary Use Permit J--JCer~ificate of Economic Non-Viability []Certificate of Appropriateness P!e~=~ tv~e or print legibly in ink Property owner(s): 'T~n ~--~ r, 0hT~T T,'! n. Address:2175 ~ashington St. City: Dubq., Phone: 557-7036 State: TA. Zip: _~POO1 Fax Number: 585-0274 Hobile/Ceilular Number: ~;~0-272q Applicant/Agent: JAY ~41]NGER Address: 2175 Washington St. Fax Number: 585-0274 Sitelocationladdress: 468 E/21st St. Exb~ng zoning: r2a P~posed zoning: CS Phone: ,~ aty: Dubq,, State: TA. Zip:~ Mobile/Cellular Number: 980-0274 His~fic District: no Landmark: no Legal Description (Sidwell parcel 1ID# oj~ lot nurr/ber/~o~ number/subdivision): Pa;2eel ~ lO-2),-2~-O07&~R g ~ Total pmperb/(lot) area (square feet or ac~s): ~ p? ~n~. q. £t. Describe proposal and reason necessary (attach a letter of explanation, if needed): See additional .~he~.t. CERTIFICA~ON: I/we, the undersigned, do hereby certify that: The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; Fees are not refundable and payment does not guarantee approval; and All addi6onal required wdtten and graphic matadals are attached. Property Owner(s): ~JZNGER CONST,Llc Applicant/Agent: JAY WINGER J--/Site/sketch plan [--JTmprovement plans Date: S~t- 2; fl FOR OFF/CE USE'ONLY - APPL~CAI'/ON SUBMTn'AL CHECKLT. ST ~/~Received by: ~-~//~'~ Date: Dod<et: [] Conceptual Development Plan [--IPhoto []Plat Date: ~.Dt. 2: 03 n3 /'-/Design review project description []Floor p~3n ~3er: /_..-T'r-~- ~ From The Desk of: Jay Winger To: Zoning Board Dubq., Ia. Dear members of the hoard. We are requesting a zoning change from R2A to C S (commercial services) For the property ~ 468 E-21st St. formerly known as Boye's salvage yard. Parcel # 10-24-216-007 & 008 There is approx. 14,000 sq. ft. adequate for the storage of our equipment. There is an abandoned two story home that will be demolished. There are two block bldgs. That also must be demolished. The reason for this zoning change is, we are forced to change location from our yard ~ East forth Street because we were displaced by America's River Project. We were located ~ this yard for approx, eight years. Also w/this letter you will find approx. 30 signatures of neighbors who are in favor of this zoning change who directly surround this property. Our future plan is to completely fence in the yard, after demolition of old structures. R~I~.~ ~- JW/pma ~ Winger Const. Llc 2175 Washington St. Dubq., Ia. 52001 (563) 557-7036 We the undersigned are in favor of a zoning change From R2A to Commercial Services. At 468 E. 22"a. St. Formerly Boye's Salvage yard. Parcel# 10-24-216-007 & 008 Name address Winger Const. Llc 2175 Washin~on St. Dubq., Ia. 52001 (563) 557-7036 We the undersigned are in favor of a zoning change From R2A to Commercial Services. At 468 E. 21 st. St. Formerly Boye's Salvage yard. Parcel# 10-24-216-007 & 008 Name address DATE: TO: FROM: RE: October 14, 2003 City Planning Services Merlin and Mary Reuter Rezoning property at 468 Lincoln We own the property at 2015 - 2017 Kniest Street. In a recent conversation with Mr. Mike Winger, I told him I would agree to the zoning changes if the old house on the corner of 21st Street would be demolished. It is rodent infested and an eye sore to the neighborhood. If house is demolished we would agree to the rezoning. If old house remains, we disagree to the zoning changes. Sincerely, Merlin N. Reuter and Mary R. Reuter OCT 1 6 Planning Services Department Zoning Advisory Commission City Hall Dubuque, Iowa 52001 Dearest Zoning Commission, ~ ~~ --PtANNINGSERVIC~DE~RTM~NTi This correspondence is sent to address correspondence received from you in reference to a public Hear£ng on the proposal to have the property presently purchased by Jay Winger to be rezoned from R-2A residential to CS Commercial. I presently have no problem on the request and showed my support by signing the petition for Mr Winger in favor of his request! The problem is that recently in the past I personally have been denied consideration by the city to extend my garage adjoining the property in question! Before that request I was also denied the right to complete a warehouse for the storage for Walsh Depoartment Stores. Continued to be told that this is a R 2-A district however when~ it was purchased by our family is was light industrial, changed to Commerical and now R-2A. I remind you that the tax base on my property continued to be accessed on the commerical base with no consideration for adjustment.! What kind of a change are you requesting or authorizing when you change the district? The Boyes family was denied a zoning change for this property and business expansion growth was affected and relocation was necessary. This was approximately eight years ago. At that time I took the same position then as I do now and that was I also want my adjoining property rezoned to the CS Commerical and Wholesale District. This will make my property more valuable and will enable me to use my property in ways that have been denied to me in the past! Please note that if approved and my request denied I will take the necessary~action to have the Citys Zoning Commission accountable for their actions. Thank you. Milton A Boyes 3186 Erie Court Dubuque, Iowa 52001 REZONING STAFF REPORT Zoning Agenda: November 5, 2003 Property Address: Property Owner: Applicant: 468 Lincoln Avenue Winger Construction, LLC Jay Winger Proposed Land Use: Contractor shop/yard Proposed Zoning: CS Existing Land Use: Storage/ResidentialNacant Existing Zoning: R-2A Adjacent Land Use: North- Single & Multi-Family Residential East - Residential/Commercial South - Commercial/Residential West - ResidentialNacant Adjacent Zoning: North - R-2A East - R-2A/C-2 South - R-2A/C-2 West- R-2A Former Zoning: 1934 - Business A/Business B 1975 - C-2 1985 - R-2A Total Area: 21,700 sq. ft. Property History: The western half of this property served as a railroad right-of-way until its abandonment in the 1980%. The east half of the property has served as a mixed use including a two-story residence with frontage on Lincoln Avenue. In 1948, a large steel storage building and adjacent accessory buildings were built on the back two lots of the property. These buildings served as storage for an auto towing and salvage company and are currently vacant. The two-story house was converted into office for the towing company and is also currently vacant. Physical Characteristics: The property consists of three level lots that total 21,700 square feet, with 100 feet of frontage on Lincoln Avenue and approximately 200 feet of depth. Access to the property is from a driveway on to Lincoln Avenue. Concurrence with Comprehensive Plan: The Comprehensive Plan makes no recommendations for this property. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: There are no traffic counts available for Kniest and 21st Streets because they are residential streets. 2001 Annual Average Daily Traffic Counts provided by IDOT indicate 8,500 vehicle trips per day on Elm Street, approximately two blocks south of the subject property, 6,600 vehicle trips per day on 22"d Street northeast of the property and 9,000 vehicle trips per day on Jackson Street northwest of the subject property. Public Services: Existing public services are adequate to serve the site. Rezoning Staff Report -468 Lincoln Avenue Page 2 Environment: Staff does not anticipate any adverse impact to the environment. Adjacent Properties: Currently, there is a 4,800 square foot steel building, two concrete block accessory buildings, a two-story vacant boarded residential structure and a large gravel parking lot on the property. The property is also partially bordered by a dilapidated steel fence. The applicant is proposing to remove the vacant residential structure and two concrete block buildings and screen the lot with a required screening fence. The property historically has been used for vehicle and equipment storage. Demolition of the dilapidated structures and the addition of a screening fence should have a positive impact on adjacent properties. CIP Investments: None proposed. Staff Analysis: The applicant is proposing to purchase three parcels of property that total approximately 21,700 square feet, demolish three existing substandard buildings and screen the lot. The applicant wants to rezone from R-2A Alternate Two-Family Residential district, to CS Commercial Service and Wholesale district to permit a contractor's shop at this location. The applicant submitted a petition with 29 signatures of neighborhood residents in favor of the proposed rezoning. There also have been two additional letters submitted by residents expressing qualified support for the rezoning. The west half of this property formerly served as a railroad right-of-way with active tracks, and the east half of the property was a two-story residence and three industrial buildings that were used for vehicle storage and a towing service. Mixed use, including former church property that is now vacant, a gas station/convenience store and single and multi-family housing surround the property. If the dilapidated buildings are removed and the lot adequately screened, this may have a positive impact on the adjacent neighborhood. Staff recommends that the Zoning Advisory Commission review Section 6-1.1 of the Zoning Ordinance, which establishes the criteria for granting a rezoning. Prepared by: Laura Carstens, City Planner Address: 50 W. 13th Street Telephone: 563-589-4210 ORDINANCE NO. -03 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 468 LINCOLN AVENUE FROM R-2A ALTERNATE TWO-FAMILY RESIDENTIAL DISTRICT TO CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassi~ing the hereinafter-described property from R-2A Alternate Two-Family Residential District to CS Commercial Service and Wholesale District, to wit: Lot I Burton W. Boyes Place No. 2, L2-1-1-10 Kniest's Subdivision and Lot 4-9 and Lot 1-1-5-9 Kniest's Subdivision, and to the centedine of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this day of 2003. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2001), and as an express condition of rezoning of the property described as: Lot 1 Burton W. Boyes Place No. 2, L2-1-1-10 Kniest's Subdivision and Lot 4-9 and Lot 1-1-5-9 Kniest's Subdivision, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. which is the subject of Ordinance No. -03, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owners, agree to the following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Conditions: The following conditions shall apply to the subject property: 1) That the perimeter of the property shall be screened with arborvi~e in addition to the chain link fence. B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the R-ZA Alternative Two-Family Residential District (which rezoning will include the removal of the per[ormance standards in Section A above) if the property owner fails to complete any of the conditions or provisions of this Agreement. c) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Zoning Ordinance governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) Recordin,q. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within ten (10) days of the adoption of Ordinance No. 17- 03. E) Construction. This Agreement shall be construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. ACCEPTANCE OF ORDINANCE NO. -03 I, Jay Winger, property owner, having read the terms and conditions of the foregoing Ordinance No. -03 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of 2003. Jay Winger MEMORANDUM November 11, 2003 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Jay WingerNVinger Construction, LLC Rezoning 468 Lincoln Avenue Enclosed are photographs of the Winger Construction site that had been located in the Port of Dubuque. MCVM/jh Attachments cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager