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Request to Rezone 165 Westside CourtPIanning Services Department City Hall 50 West 131h Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589-4221 fax (563) 690 -6678 TDD planning@cityofdubuque.org The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 131" Street Dubuque IA 52001 Dubuque ABAmericaCRY 2012 Masterpiece on the Mississippi February 11, 2013 Applicant: Mark Arthofer Location: 165 Westside Court Description: To rezone property from PC Planned Commercial to CS Commercial Service and 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, noting the location of the property to be rezoned will allow him to expand his operation and add a commercial building. Staff reviewed the staff report, noting surrounding zoning and land use. Staff indicated the Planned Commercial District for Menard's does not include a contractor shop and yard as an allowed use; thus, the request to rezone to CS Commercial Service and Wholesale District. There were no public comments. The Zoning Advisory Commission discussed the request, and had no objections to the requested rezoning. Recommendation By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, 1„4 Charles Miller, Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork Masterpiece on the Mississippi ['Variance ❑Conditional Use Permit ❑Appeal ['Special Exception ['Limited Setback Waiver (Rezoning /PUD /ID Dubuque (mod 'VIII.' 2012 PLANNING APPLICATION FORM ['Preliminary Plat ['Major Final Plat ['Minor Final Plat ['Simple Site Plan ❑Minor Site Plan ❑Major Site Plan ❑ Simple Subdivision ['Text Amendment ❑ Temporary Use Permit ['Annexation ['Historic Revolving Loan ['Historic Housing Grant City of Dubuque Planning Services Department Dubuque, IA 52001 -4805 Phone: 563-589-4210 Fax: 563 - 589 -4221 pla n n i ng ftcityofd u buq ue. ora ['Certificate of Appropriateness ['Advisory Design Review (Public Projects) ❑Certificate of Economic Non- Viability ['Historic Designation ['Demolition in Conservation Districts ❑Port of Dubuque Design Review Please type or print legibly in ink ) 7 ` Property owner(s): ��J�v �[' Pi-VC }-�-�- S IL %- Phone: 5-6 ' ° b /6'5'5 Address: ) 6 � - l- SE G� _ C- + City: )0L- ti'y t1 _- State: 4 Zip: 579003 Fax #:5- 3- 554 �ldyell #: �63 °SiF- 5K 6& tC- r.,reiTe.f Co in 1 "T-t -s - \(- r ) '+�� i�.r 5A-t�n E Phone: Address: City: r State: Fax #: Cell #: Zip: Site location /address: ) D , L/C-54- C C w v-r*-- Neighborhood Association: Existing zoning: PC Proposed zoning: CeS District: Landmark: ❑ Yes Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): O. 3Z . iZ$ .o2 D Total property (lot) area (square feet or acres): ! • 9 A-cv Describe proposal and reason necessary (attach a letter of explanation, if needed): o re. a-0 fro 17 6- Co C 5 Cam. ,_,er ,. . 1 .s.e,,,, . • CERTIFICATION: I /we, the undersigned, do hereby certify /acknowledge that: 1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my /our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written and graphic materials are attached. i 1. r" P C -Date: Applicant /Agent: f Date: Property Owner(s): S// 3 FOR OFFICE USE ONLY - APPLICATION SUBMI CHECKLIST pew4 1∎ o1 Fee!'# 3�p do Received b Date: / Zoocket: PLAT OF SURVEY - LOT 1 OF LOT 1 AND LOT 2 OF LOT 1 OF ARTHOFER'S SKYLINE ADDITION A DIVISION OF LOT 1 OF ARTHOFER'S SKYLINE ADDITION IN SECTION 32, T89N, R2E, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA 0 50 100 200 _ _� / ▪ N LOT4 / \ rk%)- \ N POINT OF BEGINNING • \ / . LOT I SIEGERT'S PLACE 3RD ADD 1-1/4 "PIPE N 39 °27'08" E 63.22' B° \ 0 SAN. SEWER EASEMENT - 0 LOT 1 -1 1.032 AC +1- 44,953 S.F. In ID N 89 °09'73" E 291.82' (291.63') �. STEEL POST V FOR CYCLONE FENCE 55.78' LEGEND SURVEYED BOUNDARY ADJACENT LAND LINE NEW LOT LINE LOT 2 -1 1.938 AC +/- 84,434 S.F. L3 90 p 3/4" REBAR OW CAP "MSA LS S 14414 14414" FOUND X "X" CUT IN CONCRETE FOUND 's e LOT 2 <80, IRON PIPE FOUND co 0 Om ▪ LOT m WESTSIDE COMM. PIC. ID 20' 1 PIPE 0 0 N N B 20' (108.45') N 89 14'47" E 195.93' (19596') SIEGERT'S PLACE 4TH ADD 5/8" REBAR W /CAP 9551 FOUND (.x..el RECORD DIMENSION SURVEY REQUESTED BY: MARK ARTHOFER 165 WESTSIDE CT. DUBUQUE, IA PROPRIETORS: ARTHOFER PROPERTIES LLC 13582 SKYLINE RD ZWINGLE, IA 52079 PREPARED BY MID RETURN TO: STEVE SCHMIDT. USA PROFESSIONAL SERVICES, INC. 9567 US RT. 20 WEST, GALENA, IL 61036 Line Direction L1 N 39 °27'08" E L2 i S 56 °28'37" E L3 N 78 °08'30" W Curve Arc Length Radius C1 82.33 50.00 '`IIbA N O S Iii x1•n ,°°°_ it • G14 `zl STEVEN J. 1.^4_ :o1 SCHMIDT 0: 14414 J}�[ .b• #'1, IOWA �� 11111111 \\ 0 y6 C 'A • s` m- N82 °45'57• 119,7, Distance 00208.8 109.00' 57.95' 78.72' NW 1/4, NE 114, SEC 32, T89N, R2E Chord Lenq h Chord Bearing 73.34 S 43 °40'32° E Della Angle 94 °20'44" I HEREBY CEIIIWY 11wr0N1S IMO SURVEYING POSIUS1rt WAS RIMMED/MIRE REUROSURVEY ISMM M.S PERFORMED IT TOR 0 .6 pDREG y 01.5UPER451OYNIO BUM- AMA DULY Wro ie O' UV•' n1ElA OF1HE STATE OF 10 A He- zevo PRINTED wpm Wm STEVEN J. SCHMIDT LICENSE NUMBER: 11414 UYUCENSE leewa Dm, ISOECE 'ono I. 2011 PAGES OR SHEETS COVERED BY 110S B FAL 1 & 2 OF 5 PLAT OF SURVEY OT m 2 LOT 1- 182 -1 ARTHOFER'S m SKYLINE ADDITION, CITY OF ea DUBUQUE, DUBUQUE CO, IA SPLIT PIAT.00N 11/16/2010 3:2616 PM SIEVED at Lon Soton w w 12010000 11.15.2111 Sm an 100. 2050 34341 Inuc P°ISS NSA an IWgeoel all Wl•NMwlPAS °tl.anm„I Base Data Provided by Dubuque County GIS THE CITY OF Dui Masterpiece on the Mississippi Dubuque brAll AiknataCitr II 2012 Vicinity Map Applicant: Mark Arthofer, Arthofer Properties LLC Location: Westside Court Description: To rezone property from Planned Unit Development to CS Commercial Service and Wholesale District. Legend Area to be Rezoned Zoning District Boundary Path: I-I: \Planning ServicesWVcinity Maps\ZAC Vicinity Mapslprojects\Vicinity Map Westside Court 1- 22- 2013.mxd REZONING STAFF REPORT Zoning Agenda: February 6, 2013 Property Address: 165 Westside Court Property Owner: Arthofer Properties, LLC Applicant: Mark J. Arthofer Proposed Land Use: Commercial Existing Land Use: Vacant Adjacent Land Use: Former Zoning: North — Commercial East — Commercial/Vacant South — Commercial West — Commercial 1934 — County 1975 — County 1985 — County Proposed Zoning: CS Existing Zoning: PC Adjacent Zoning: North — CS East — C -3 South — PC West — PC /CS Total Area: 1.9 acres Property History: The subject property was purchased from Menard, Inc. by the applicant to facilitate expansion of his business located on Westside Court. The property was platted off from the Menard's property at the end of 2010. The applicant has been filling the site to accommodate future development of his business. Physical Characteristics: The property is located between the Menard's Home Improvement Store, their detention basin, and Westside Court. The property drains to the southeast toward Catfish Creek. Concurrence with Comprehensive Plan: The 2030 Future Land Use Map designates the subject property for commercial uses.. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns /Counts: IDOT 2009 Average Daily Trips indicate 18,700 vehicle trips per day along U.S. Highway 20. There are no vehicle trip counts available for Westside Court. Public Services: Existing public services are adequate to serve the property. Rezoning Staff Report — 165 Westside Court Page 2 Environment: Staff does not anticipate any adverse impact to the environment provided erosion control and storm water control are provided throughout development of the site. Adjacent Properties: The surrounding area is developed primarily for commercial uses. Staff does not anticipate any adverse impact to surrounding property owners through the continued development of the contractor shop and yard. CIP Investments: None proposed. Staff Analysis: The applicant is requesting rezoning of a parcel of land he purchased from Menard, Inc. from Planned Unit Development with a Planned Commercial designation to CS Commercial Service and Wholesale District. In January 2011, the Zoning Advisory Commission reviewed a plat that severed a 1.9 acre parcel from Menard's property and adjoined it to Skyline Construction's existing parcel on Westside Court. The Planned Commercial District for Menard's does not allow a Contractor Shop and Yard as a permitted use; thus, the applicant is seeking a rezoning to the CS District. The balance of the property around Westside Court is currently zoned CS Commercial Service and Wholesale District or C -3 General Commercial District. The proposed rezoning will be consistent with the existing zoning along this stretch of U.S. Highway 20. Planning staff recommends the Zoning Advisory Commission review the criteria established in Article 9 -5 of the Unified Development Code regarding reclassification. Prepared by: Reviewed: NM Date: / • 30 . /3 CITY OF DUBUQUE, IOWA '� OFFICIAL NOTICE NOTICE, is hereby given that the Dubuque City Council will conduct public. hear- ings at a meeting to commenceat 6:30 p.m. on Monday, February 18, 2013, in' the Historic Federal Building, '350 West 6th Street, on the following: Rezonings Request from the City of Dubuque to rezone property located at 501 Seippel Road ( Lot 1 of 1 and Lot 1 of 2 South Fork Industrial Subdi- vision #1) from AG Agricultural District to PUD /PI Planned Unit Development with a Planned Industrial designation Request- from Mark Arthofer to rezone property located at 165 Westside Court from PC Planned Commer- cial to, CS Commercial Services 'sand Whole- sale District Copies of . supporting, documents for the •1 public he ring are on' file in the City Clerk's Office and may be viewed during normal working hours. Written comments regarding the above public hearing may be submitted to the City Clerk's Office on or before said time of public hearing. At said time and place of public hearing all interested citizens and parties will be given an opportunity to be heard for or against said rezoning. Any visual or hearing impaired persons need- ing special assistance or persons with special, accessibility needs should contact the City Clerk's Office at (563), 589=4100 TTY ^(5617 690 -6678 at least 48 hours prior to the meeting. Kevin S. Firnstahl City Clerk .1t 2/9 . STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: February 9, 2013, and for which the charge is $19.81. Pc% Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /360 day of , 20 43 . otary Public in and or Dubuque County, Iowa. MARY K. WES rE.E Commis ion Number iS Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589 -4121 ORDINANCE NO. 3 -13 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED SOUTH OF 165 WESTSIDE COURT FROM PLANNED UNIT DEVELOPMENT DISTRICT TO CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified Development Code, is hereby amended by reclassifying the hereinafter — described property from Planned Unit Development District to CS Commercial Service and Wholesale District, to wit: Lot 2 -1 of Arthofer's Skyline Addition, and to the centerline of the adjoining public right -of -way, all in the City of Dubuque, Iowa. Section 2. That 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 18th day of February 2013. Attest: . Firnstahl, City Roy D. Bugj/, Mayor OFFICIAL PUBLICATION ORDINANCE NO. 3-13 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- 1 FIED DEVELOPMENT' CODE, BY RECLAS- SIFYING HEREINAF- 1 1 TER DESCRIBED PROPERTY LOCATED SOUTH OF - 165 WESTSIDE COURT FROM PLANNED UNIT DEVELOPMENT DIS- TRICT TO CS COMMERCIAL SER- VICE AND WHOLE- SALE DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified. Development Code, is hereby amended by reclassifying the here- inafter-described pro- perty from Planned Unit Development District to CS Commercial Service and Wholesale District, to wit: Lot 2 -1 of Arthofer's Skyline Addition, and to the centerline of the adjoining public right - of -way, all in the City of Dubuque, Iowa. Section 2. That 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 18th day of February, 2013. Roy D. Buol, Mayor: Attest: Kevin S. Firnstahl, City Clerk Published in the Telegraph Herald newspaper on the 22nd day of February 2013. /s /Kevin S. Firnstahl, City Clerk It 2/22 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: February 22, 2013, and for which the charge is $15.05. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this a2,o - L1 day of -.417"--' , 20 /,. . Notary Public in and for Dubuque County, Iowa. `vrF h MARY K, YWIES E Cem,misIcn Numt,,fir u Cc 7 ^_ Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589 -4221 fax (563) 690 -6678 TDD planning@cityofdubuque.org Mark Arthofer 165 Westside Court Dubuque IA 52003 Dubuque THE CITY OF �,. DUB E 'lIIr 2012 RE: City Council Public Hearing — Rezoning Request Dear Applicant: Masterpiece on the Mississippi February 8, 2013 The City Council will consider your request to rezone property located at 165 Westside Court at a public hearing on Monday, February 18, 2013. Please attend this meeting, or send a representative to the meeting in your place to present your request and answer questions. City Council meetings begin at 6:30 p.m. in the City Council Chamber, 2nd Floor, Historic Federal Building (Post Office), 350 W. 6t" Street, Dubuque, Iowa. Please contact the Planning Services Department at (563) 589 -4210 if you need more information or have any questions. Sincerely, Kyle L. Kritz Associate Plan er Enclosures cc: Kevin Firnstahl, City Clerk Service People Integrity Responsibility Innovation Teamwork