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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 ~YN-~ 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: .;p~~ 'i ,.."~8 illll!t '... " .~ ~ '.J ~ : ~j~g ~~ Hi ...~ ;;~ ~ ~'G , ~<, ~ ~0 '. ". " ,-:;: ,,'" ~i! ':i'~, .1.11 . ! I i__ ,:k .....~,~' : :=-.,.~\ /~f // " ;/ y"- $1\ ~ ~~I \:''--<J'; ~"" -. - / /......."--- --- \ \ ..~.,. " \J \ \/ " q<\ ~c,." ~'\:~, \ ) " ....---- ". '....- ........ --- " \ ;;~~~~?i c:"'"';'~ ;~ '\;;~;, " r=~'- - ., ~:' \ ~ ' " I ~iil '1 J ~~ ~~ ij ~ ~~ , \ \ - I r - -=- r-'=- '='1 f----~J_ J L ,I- I .---H- . f -- '- ~J ., := -I I ~. - - f.-I ~ ___I I -',i--~ _"J - ..1 j -- . I ~ m':,~. - '-. -j B r - -'" 1'1 --,- ._.J~' -/ I g I- -~ J ~~_._._'-~ I I ---~ I I ; l _ .L -1... I I l --I --.J _.~. -' ___J J .- - .,-- .,.- \ ,.- --" J. \ I I 1 ~I .~I " 81 , \ ~l 1 f <12 c. m :E ~ ..... -- s:: -- (.) -- > a> "'0 C ::J ~ s.... a> . 0)0 o.f: Cl: - _ 0) s.... C a>.- ..... ~ :!:o aJa> s.... -as a> 0 en..... o ::J """)<( . . "'0 .....c ffiw .0 ~ -1:: 8:0 <(z ..... a> a> s.... ..... en "'0 C N ('t') o ..... Et) o'C s.... ..... 'l-en >'0 1:: a> (l] a..- 0..... . s....Ct) a.a>.- "'Ol:; a>'- en C en._ oa>o NCl:- a> >.. (l] s...._ s.... . - ..... o E en i-(l]::J .. LL -g Ccb- 0- ......... .- 0) ~ o.c> .- ._ (l] u en a> enT'""I a> I - OCl:I P8 lliiliill S LO LO "'0 a> C o N a> Cl: a> ..0 o ..... (l] a> s.... <( "'0 a> en o a. o s.... Q.. C o :;::; (l] o o .....J C) c( :I: ........... ............. . II!! ~~ 1:: ~ :~l j: ~: ~ Ill: IiI! ~. ..........::::::::::::::: 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.