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Zoning 468 Lincoln Jay WingerMEMORANDUM November 25, 2003 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Bee Branch Moratorium At the November 17, 2003 City Council meeting, the City Council decided to table the rezoning of the Winger property located at 468 Lincoln Avenue. In addition, there was discussion about a possible building permit moratorium on the Bee Branch Creek Restoration Alignment Study area. Due to the fact that the Bee Branch Citizen Advisory Committee (BBCAC) is closely involved with determining the alignment of the channel, I respectfully recommend that this committee make a recommendation on a potential building permit moratorium and the proposed boundaries. The committee will have their next meeting on December 4, so the committee can make a recommendation to the City Council at the December 15 meeting. MiChael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Michael A. Koch, Public Works Director Laura Carstens, Planning Services Manager Rich Russell, Building Services Manager Gus Psihoyos, Assistant City Engineering, Deron Muehring, Engineering Dan Lau, CDM MEMORANDUM TO: FROM: SUBJECT: November 11,2003 The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Jay Winger/Winger 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 ~lichael C. Van Milligen Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager MEMORANDUM November 17, 2003 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager 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 The City Council has authorized an alignment and design study for the Bee Branch Creek Restoration Project from 24m and Elm Street to the 16th Street Detention Basin. The property at 468 Lincoln Avenue that has been requested for rezoning falls within that study area. I respectfully request that the rezoning of this property be tabled until after the completion of that study, which is expected to be complete by June 30, 2004. I would further request that a moratorium until June 30, 2004 be considered for this area on rezonings and building permits for expansion. If this option is to be considered, matedal could be ready by the December 1,2003 City Council meeting. MCVM/jh Attachment cc: Jay Winger, Winger Construction Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Mike Koch, Public Works Director Gus Psihoyos, Assistant City Engineer Laura Carstens, Planning Services Manager MEMORANDUM November 17, 2003 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Gus Psihoyos, Assistant City Engineer Zoning of property at 468 Lincoln Avenue The purpose of this memo is to outline Engineedng's position with regard to the rezoning of the property at 468 Lincoln Avenue. BACKGROUND In December of 2001, HDR Engineering (Omaha, NE) presented the Drainage Basin Master Plan to the City of Dubuque City Council. It established the 100-year flood plain for the Bee Branch watershed basin with over 1,150 homes and businesses recognized as being within the floodplain limits and at dsk of flood damage during a 100-year rainfall event. The DBMP identified several capital improvements that would reduce the threat of flood damage. One of the recommended projects is the Bee Branch Creek Restoration Project; an open waterway running between the 16th Street Detention Basin and the intersection of 24~ and Elm Street. Due to the concerns about an open waterway through the North End and Washington Street neighborhoods, the Bee Branch Creek restoration project has been divided into two projects (or two phases). The portion of the creek from 16th to Garfield (Phase I), estimated at $6.9 million, has been adopted as part of the Drainage Basin Master Plan. Phase I, which will take up to three years to construct, is included in the FY 2004 - 2008 (5-year) Capital Improvement Project budget with initial funding available in FY 2006. The second portion (or phase) of the project, estimated at $10.2 million, from Garfield to 24th and Elm has not been adopted as part of the DBMP. However, it remains under consideration. In May of 2003, the City Council approved the selection of Camp Dresser and McKee to help determine the alignment of the open waterway. DISCUSSION As you know, the Bee Branch Creek Restoration Project Alignment Study is currently underway. As the name indicates, one of the objectives of the study is to identify where the proposed channel would be constructed, what properties would be impacted. Unfortunately, a recommended alignment will not be before the City Council until the spring or summer of 2004. Because the property at 468 Lincoln Avenue is within the study area, the property could be impacted by the proposed Bee Branch Creek Restoration Project. RECOMMENDATION Because of the uncertainty of the future of the Bee Branch Restoration Project a moratorium on any building expansion might be a consideration. If you need any further information please contact me. Cc' Michael A. Koch, Public Works Director Barry Lindahl, Corporation Counsel Laura Carstens, City Planner Deron Muehring, Civil Engineer Prepared by: Laura Carstens, City Planner Address: 50 W. 13th Street Telephone: 563-589-4210 ORDINANCE NO. 92-03 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 reclassifying the hereinafter-described property from R-2A Alternate Two-Family Residential Distdct to CS Commercial Service and Wholesale District, to wit: 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 centerline 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. Attest: Passed, approved and adopted this Ist day of December, 2003. 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. 92-03, 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 arborvitae 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-2A Alternative Two-Family Residential District (which rezoning will include the removal of the perl=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 ware 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. 92-03 I, Jay Winger, property_owner, having read the terms and conditions of the foregoing Ordinance No. 92-03 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this ,.10th day of November, 2003. /s/ Jay Winger Planning Services Department City Hall 50 West 13th Street Dubuque, Iowa 520014864 (563) 589-4210 office (563) 5894221 fax (563) 690-6678 TDD plarming@cityo fdubuque.org November 10, 2003 The Honorable Mayorand City Coun~l 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 Distdct 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 concerns 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 Bird, Jr., Chairperson Zoning Advisory Commission Attachments Service People l~tel~rity Responsibility lnnova~on Teamwork PLANNI'NG APPLICATI'ON FORH Cr[y of Dubuque Planning Services Deparhment Dubuque, ~ 52001-486~ Phone: 563-589-4210 Fax: 563-589-422.1 [] Variance []Conditiona! Use Permit []Appeal []Spedal Exception []Limited Setback Waiver '~Rezoning E]Planned Distric~ I"l Preliminary Plat []Minor final Plat E]Text Amendment []Simple Site Plan []Minor Site Plan [] Major Site Plan [] Major Final Plat []Simple Subdivision []Annexation []Temporary Use Permit []Certificate of Economic NomViability []Ce~ficate of Appropriateness []Other: Please tw~e or orint legibly in ink Property owner(s): ~!N~ CONST. T.~ ~ - Address:2175 ~ashfngton St. CY~/: Dubq., Phone: 557- 7036 State: TA. Zip: Fax Number: Mobile/Cellular Number: 58 0 -2 72 q Applicant/Agent: JAY 1~,J!NGER Address: 2175 Washington St. Fax Number: 585-027h Sitelocation/address: ~68 E/21st St. 0~: D~bq, , Phone: .~mR State: TA. Zip: 52oo~ Mobile/Cellular Number: ~80-027LL Existing zoning: z,2 a Proposed zoning: C S Histodc District: no Landmark: no Legal Description (Sidwell parcel ID# o.[ lot nuff/b~r~/b!ock~ number/subdivision): Parcel Total properly (lot) area (square feet or acres): ~p~. ~ sq. ft. Describe proposal and mason necessary (attach a letter of explanation, if needed): gee Actciit io~A1 CERTiFiCATiON: I/we, the undersigned, do hereby certify that: 1. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 2. Fees are not refundable and payment does not guarantee approval; and 3. All adciifional required written and graphic materials are attached. PropertyOwner(s): YZNGER CONST,Llc Date: Sept. 2:03 Applicant/Agent: JAY ~J_TNGER Date: g~pt- 2: ~3 FOR OFFICE USE'ONLY - APPLZCATZON SUBI~I'I'TAL CHECKLT. ST [] Concep[ual Development: Man [~Phote F-~Piat E]Site/sket~ plan E]zmprovement plans [--JDesign review project deschp~ion r-IFIoor plan 0 N From The Desk of: Jay Winger To: Zoning Board Dubq., Ia. Dear members of the board. 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. Wc 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. JW/pma ~ Winger Const. Llc 2175Washington 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. 22na. St. Formerly Boye's Salvage yard. Parcel# 10-24-216-007 & 008 Name address 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. 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 16 2003 CiTY OF DUBUQUE , ,e.mm~ SAUCES ~m~ .J Planning Services Department Zoning Advisory Commission City Hall Dubuque, Iowa 52001 Dearest Zoning Commission, _ NNING SERVICES DEPART~E'NT This correspondence is sent to address correspondence received from you in reference to a public Hearfng 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 ad3oining 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 reqtest denied I will take the necessary'~-sction 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-2NC-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's. 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 n nd , . o 22 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: ~ i-~--'~¢~,L,'Z~,Ji Reviewed: '~'.~/.'-'~ Date: