Zoning 55 W. 32nd St. Kunde, NE Wrecking
Planning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 TOD
planning@cityofdubuque.org
www.cityofdubuque.org
THE CITY OF ~
DUB~E
~YN--~
October 10,2005
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Rezoning
Applicant: Joseph Bitter/Roger Kunde, North End Auto Wrecking, Inc.
Location: 55 W. 32nd Street '
Description: To rezone property from R-1 Single-Family Residential District to HI
Heavy Industrial 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's representative spoke in favor of the request, reviewing the proposed
changes to the property that will be made if it's rezoned to Heavy Industrial, and
reviewed the previous rezoning request by North End Wrecking. The applicant also
spoke in favor, describing the proposed access road and noting no buildings would be
constructed.
Staff reviewed the surrounding zoning and land use, how access will be constructed to
the site, and how the removal of existing trees could open views into the salvage yard
from surrounding residential properties.
There was one public comment in opposition to the rezoning, expressing concerns
with the spectrum of uses permitted in the HI District and insufficient buffering from
homes.
The Zoning Advisory Commission discussed the request, reviewing trees to be
removed, location of access, type of screening proposed by the applicant, and storm
water management. The Commission discussed the likely impact to single-family
houses if trees are removed as part of this project.
Service
People
Integrity
Responsibility
Innovation
Teamwork
North End Auto Wrecking, Inc.
October 10,2005
Page 2
Recommendation
By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City
Council approve the request with the following conditions:
1) That existing vegetation shall be preserved and replanted to the extent
necessary to screen the operation of the salvage yard.
2) That no storage of salvage material is allowed south of the tree line.
3) That no buildings shall be constructed on this property.
A simple majority vote is needed for the City Council to approve the request. A super
majority vote is needed for the City Council to modify the recommended conditions.
With a conditional rezoning, Iowa law requires that the property owner agree to the
conditions, in writing, prior to the close of the public hearing.
Respectfully submitted,
~~/-
Jeff Stiles, Chairperson
Zoning Advisory Commission
Attachments
cc James O'Brien, Assistant City Attorney
Gus Psi hoyos, City Engineer
Susan Brennan, Zoning Enforcement Officer
D~~E
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Oty of Dubuque
Planning Services Department
Dubuquef LA 52001~64
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
o Variance
DConditional Use Permit
DAppeal
DSpedal Exception
DUmited Setback Waiver
DSimple Site Plan
o Minor Site Plan
o Major Site Plan
o Major Rnal Plat
DSimple Subdivision
DAnnexation
DTemporary Use Permit
DCertificate of Economic Non-Viability
DCertificate of Appropriateness
DOther:
Please tvoe or orint leaiblv in Ink
Property owner(s): North End Auto Wrecking, Inc. -Roger Kunde Phone: 590-1652
Address: 55 W. 32nd street
Oty: Dubuque
State:~Zip: 52001
Fax Number: 556-0044
Mobile/Cellular Number:
590-1652
Address: 485 Locust Street
Oty: Dubuque
Phone: 588-4608
State: ~Zip: 52001
Applicant/Agent: Joseph J. Bitter
Fax Number: 588-0103
Mobile/Cellular Number:
Site location/address: 55 !tl. 32nd Street, Dubuque, Iowa 52001
Existing zoning:
R-1
Proposed zoning: H-I
Historic District: No
Landmark: No
Legal Descriotion (Sidwell parcel ID# or lot number/block number/subdivision):
Lot 2-1-1-Heims Subdivision
Total property (lot) area (square feet or acres): Unsure - see attached plat (5 acres more or less)
Describe proposal and reason necessary (attach a letter of explanationf if needed):
To conform existing salvage yard to appropriate zoning
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 beaJmes public record; .
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required written and graphic materials are attached.
Property Owner(s): North End Auto Wreck'n
Applicant/Agent: Jose h J. Bitter
Kunde Date: 8/29/05
Date: 8/29/05
~ FOR OFFICE USE ONL. Y - APPLICATION SUBMITTAL CHECKUST
--. 00 ~ Ja/7t"'lLJ:::
Fee: Received by: Date: ~ Docket:
~ite/sketch plan 0 Conceptual Development Plan o Photo DPlat
Dlmprovement plans DDesign review proj~ description DFloor plan o Other:
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REZONING STAFF REPORT
Zoning Agenda: October 5, 2005
Property Address:
55 W. 32nd Street
Property Owner:
Roger Kunde/North End Wrecking, Inc.
Applicant:
Joseph BitterllRoger Kunde
Proposed Land Use: Industrial/Salvage Yard
Proposed Zoning: HI
Existing Land Use: Vacant
Existing Zoning: R-1
Adjacent Land Use: North - Industrial/Salvage Yard
East - IndustrialNacant
South - Vacant/Detention Area
West - VacantIWooded Bluff
Adjacent Zoning: North - HI
East - HI
South - R-1
West - R-1
Former Zoning: 1934 -County; 1975 - R-2; 1985 - R-1 Total Area: 6 acres
Property History: The property is a heavily wooded undeveloped hillside. There is, however,
a relatively level spot at the top of the hill adjacent to the existing salvage yard that has
accommodated a dirt road and an area that some salvage vehicles have encroached upon.
Physical Characteristics: The subject property is an approximately six-acre lot that is heavily
wooded and steeply sloped. The property slopes from a relatively level spot at its northeast
corner dropping approximately 106 feet to the southern property line along Gillespie Street.
The property is bordered by a salvage yard and wooded hillside on three sides, and the City
of Dubuque detention area (that is being rebuilt and expanded) on the fourth side.
Concurrence with Comprehensive Plan: Goal 3.1 of the Land Use and Urban Design
Standards states, "Promotes retention and expansion of existing industrial properties." Goal
4.1 states, "To protect and preserve existing open space." Goal 6.1 states, "To promote a
compatible mix of land uses." Goal 6.2 states, "To buffer and protect incompatible uses from
each other."
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site. However, erosion control
measures must be undertaken to prevent runoff and erosion along the slope of the
property that drains to the adjacent private property and into the public detention area.
Traffic Patterns/Counts: The expansion of the proposed vehicle storage area should
generate very little additional traffic.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticipate any adverse impact to the environment provided
adequate erosion control and storm water control is provided during all phases of
Rezoning Staff Report - 55 W. 32nd Street Page 2
development, and that all other state and federal environmental regulations that govern
salvage yards are met.
Adjacent Properties: The subject lot is bordered on the north by the existing salvage
yard under the ownership of the applicant. The adjacent property to the east and south
is heavily wooded hillside and detention area owned by the City of Dubuque. Three
hundred feet of the property west of the proposed rezoning is wooded hillside owned by
the applicant. The proposed heavy industrial area is physically well separated from
adjacent residential land uses. However, if the natural vegetative buffer on the subject
property is removed during development of the salvage area or access road, it will open
vistas to the salvage yard from properties along West 32nd Street, and possibly from
other properties on hilltop locations along Oak Crest Drive and Timberline Street. If the
natural screening is removed, this will create a visual blight for residential properties in
the aforementioned neighborhoods.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone approximately six acres of his property
directly adjacent to the existing North End Wrecking salvage operation from R-1 Single-
Family Residential to HI Heavy Industrial. Over the last several years, salvage vehicles have
encroached onto this property primarily in the northeast corner of the lot in a level area. The
property is currently well buffered from all adjacent private and City property by a heavily
wooded hillside. The industrial activity will be 300 feet from its closest point to the nearest
adjacent residential property, and buffered by vegetation and topography.
If the salvage yard is expanded onto this property and an access road extended, as
indicated on the concept plan, much of the natural vegetation may be removed. This has the
potential to open up vistas to the salvage yard from adjacent residential properties along
West 32nd Street and on the hill south of West 32nd Street. Any removal of vegetation that
opens vistas to the salvage yard will constitute a violation of the salvage license
requirements for screening.
Staff recommends the Commission review the criteria established for granting a rezoning in
Section 6-1.1.
Prepared bY:~..-'IE~AiReViewed:,1t' 7. 2/- Date: "1.26.05
...
Prepared by: Laura Carstens. City Planner Address: 50 W. 13th St.. City Hall Telephone: 589-4210
Return to: Jeanne Schneider. City Clerk, Address:- City Hall. 50 W. 13111 Street Telephone: 589-4121
ORDINANCE NO.
57
-05
AN ORDINANCE AMENDING APPENDIX A (THE ZQNING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 55 W.32nd STREET
FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO HI HEAVY
INDUSTRIAL 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-1 Single-Family Residential District to HI Heavy Industrial District, with
conditions, to wit:
Lot 2 of Lot 1 of Lot 1 Heims 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.
Passed, approved and adopted this 17th day of October 2005.
Attest:
,
Jeanne F. Schneider, City Clerk
""
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2003), and as an express condition of rezoning
of the property described as:
Lot 2 of Lot 1 of Lot 1 Heims 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. 57-05, 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) The existing vegetation shall be preserved and replanted to the extent
necessary to screen the operation of the salvage yard.
2) That no storage of .salvage material is allowed south of the tree line.
3) .That no buildings shall be constructed on this property.
B) Reclassification of the Subiect Property. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the R-1 Single-Family Residential District
(which rezoning will include the removal of the performance 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) Recordina. 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 thirty (30) days of the adoption of Ordinance No. 57-05.
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 hislher heirs, successor
and assignees.
ACCEPTANCE OF ORDINANCE NO. 57-05
I, Roger Kunde, representing North End Wrecking, Inc., having read the
terms of the foregoing Ordinance No. 57 - 0 ~ 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 October, 2005.
./s/ Roger Kunde
North End Wrecking, Inc.