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Zoning Alter Scrap 190 N Crescent RidgeTHE CITY OF DUBUQUE Planning Services Department City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax (563) 690fi678 TDD planningQcityofdubuque.org The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13`h Street Dubuque IA 52001 May 9, 2006 Applicant: Dawn O'Meara, Alter Scrap Processing/Tschiggfrie Excavating Co. Location: 190 N. Crescent Ridge Description: To rezone property from CS Commercial Services and Wholesale, C-3 General Commercial and AG Agricultural District to PI Planned 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 spoke in favor of the request, reviewing proposed location, operations of Alter Scrap Processing, findings of noise study conducted on their operations, proposed screening and environmental regulations that apply to their operation. The applicant's engineering consultant reviewed a PowerPoint presentation that included photos of the existing site from several locations and acomputer-generated model of the salvage yard and its visibility from surrounding properties. Staff reviewed the history of zoning requests for the subject site and the status of the final plat that subdivided the property into 130 lots in 2000. Staff noted that a storm water detention basin has not been constructed yet, and that the basin in the photos presented to the Commission is a sediment pond. There were several public comments in opposition to the requested rezoning and to the existing and past activities on the site. Representatives of Medical Associates Clinic reviewed a PowerPoint presentation that displayed images of existing storm water pooling and flowing from the property, pictures of Alter's current site on Harrison Street and video of Alter's equipment loading and dismantling material within their existing yard. Medical Associates' attorney presented letters in opposition of Alter's request and reviewed sections of the City's Comprehensive Plan and PUD section of the Zoning Ordinance where Alter's operation, if relocated, would not be in compliance. Service People Integrity Responsibility Innovation Teamwork 190 N. Crescent Ridge May 9, 2006 Page 2 The Zoning Advisory Commission discussed the request, reviewing material presented by the applicant and speaker in opposition to the request. The Commission reviewed height and location of proposed screening, noise associated with operation of the salvage yard, location of rail access, potential for future bike trail running through Catfish Creek valley and number of vehicle trips generated by the proposed business compared to existing site 'rf developed under present zoning classification. Recommendation By a vote of 5 to 2, the Zoning Advisory Commission recommends that the City Council approve the request. The written opposition of 18.3% of property owners within 200 feet of the area requested for rezoning has been received as of the date of this letter. Several of the letters submitted in opposition to the request incorrectly state that their property is within 200 feet of the site. In fact, only the Humane Society and Giese Commercial Roofing are within 200 feet of the area being rezoned. Both have submitted written objection to the rezoning request. A simple majority vote is needed for the City Council to approve the request Respectfully submitted, Jeff Stiles, Chairperson Zoning Advisory Commission Attachments ACCEPTANCE OF ORDINANCE NO. -06 I, Dawne O'Meara, representing Alter Scrap Processing, having read the terms and conditions of the foregoing Ordinance No. -06 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 11 day of May, 2006. By: Dawne O'Meara City of Dubuque rlleclrr or i~ Planning Services Department DUB E Du~,Pgho~e~ s63ZSa9-az o ~c .._ Fax: 563-589-4221 o~ PLANNING APPLICATION FORM ^ variance ^Rezoning ^Simple Site Plan OAnnexatlon ^CondiOOnal Use Permit ^gppeal ~ Planned District ^Preliminary Plat ^Minor Sipe Plan ^ Major Site Plan ^Tempo2ry Use Permit ^Clstificate of Economic Non~Vlability ^Spedal Exception ^Mlnor Fnal Plat ^ Major Frel Plat ^CertlBcate of Appropriateness ^timited Setback Waiver ^TeM Amendment ^Simple Subdivision ^Other. Please ripe or print legibly in ink Property owner(s): Tschiggfrie Exrvating Co. .Phone: 563-557-7450 Address: 425 Julien Dnbumle Dr. ,City: Dubuque State; IA Zip: 52003 Fax Number: 563-557-7450 Mobile/Cellular Number: Applicant/Agent; Alter Scrnn ProcessinsJDmvne O'Mara Phone: 561-581-1751 Address: I80 Harrison City: Dubuane State: IA Zip: 52001 Fax Number: >G1-X83-143 .Mobile/Cellular Number. Site location/address: 190 N. Crescent Ridge Existing zoning: Cq('.-~/A(; Proposed zoning: Pl Historic District: NO Landmark: N/A Legal Desaiptlon (Sidwell parcel ID# or bt number/black number/subdivision): Lnlc I-i and i.nrs 9-Il of the West End Conunercial Subdivision Total property (lot) area (square feet or acres): 7.912 Acres Describe proposal and reason necessary (attach a letter of explanatxxt, if needed): See lever of e.:olmy1tion ~[fnrhPd In~r,R(pnl tlnrl Itnn ~e~~l Plnn CERTIFICATION: I/we, the undersigned, do hereby certlfy 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 additional required written and graphic materials are attached. Property Owner(s):~_ .Date: Applicant/Agent: ~_~.~9 4 151 ,%• l `Kr ~l Gi(~J ,I (J / Date: ~ ?~ I ~ ~~~~ ( / c FOR OFFICE USE ONLY -APP CATION SUBMITTAL CHECKLIST Fee: Received by: ~~ Date: 3'Ll'CK Docket: ^Site/sketch plan ^ Conceptual Development Plan ^Photo ^Plat ^Improvement plans ^Design review project description ^Flaor plan ^Other: THE CITY OF DUBUQUE Showing the Spirit Vicinity Map Applicant: Dawne O'Meara, Alter Scrap Processing/Tschiggfri Execavating Co. Location: 190 N. Crescent Ridge Description: To rezone property from CS Commercial Service & Wholesale District and C-3 General Commercial District to Pl Planned Industrial District. Proposed Area to be Rezoned Zoning Boundary (Color Picture) Alter Scrap Rezoning Request LEGEND PAVEMENT PROPERTY LINES FENCE LINE (10 FEET) FLOOD PLAIN FENCE LINE (16 FEET) CONTOUR LINES GATES RAILROAD TREES (8' TALL - 10' APART) TELEPHONE POLE WOODED AREA GREEN SPACE CREEK *STORM WATER DETENTION WILL BE IN SUBSTANTIAL COMPLIANCE WITH PRECIOSULY-APPROVED SUBDIVISION PLANS ALTER TRADING CORPORATION NEW BUILDING SITE PLAN ALTER TRADING COMPANY North Crescent Ridge Site PRESENTATION IMAGES May 3, 2006 Alter Trading Company - North Crescent Ridge Site Near Camera 1 - Existing view from street location, note Tim Waugh standing on right side of photo for scale Alter Trading Company - North Crescent Ridge Site Camera 1 - Existing view from near location where Tim was standing in previous photo, representative of ground level at back of future condo Alter Tradinf Company - North Crescent Ridge Site Camera 1 - Computer rendered image from ground level at back of future condo. Alter Trading Company - North Crescent Ridge Site Camera 2 - View from Oak Park Place third story south facing window southwest corner Alter Trading Company - North Crescent Ridge Site Camera 2 - Computer rendered image from the third floor southwest corner of the west wing of Oak Park Place Alter Trading Company - North Crescent Ridge Site Camera 3 - View from Oak Park Place third story south facing window in center of building Alter Trading Company - North Crescent Ridge Site Camera 3 - Computer rendered image from the third floor center of the south wing of Oak Park Place Alter Trading Company - North Crescent Ridge Site Near Camera 4 - Westerly condo on cul-de-sac. Computer rendered view relative to third story south facing window in southeast corner Alter Trading Company - North Crescent Ridge Site Camera 5 - Computer rendered image from backyard or residence directly east Hobby Lobby closest to the site Alter Trading Company - North Crescent Ridge Site Near Camera 6 - View from front entrance of Medical Associates, note foreground is white snow in shadow Alter Trading Company - North Crescent Site View from near southeasterly edge of future parking area Alter Trading Company - North Crescent Ridge Site Camera 6 - Computer rendered image from the third floor southeast corner of the building PLAPINING SERVICES DEPARTMENT Liberty Mutual Group 900 National Yarkwav Suite 31.10 Schaumburg, IL G0'173 Telephone: (800) 818-107) est. 37G Fax: (8-47) 517-1285 I~ebruafti- l3, 2000 Gut Jackson Uter ComPanr G8J Craig Road St. Louis, DIO G3141 Customer Location 1811 Harrison Street Dubuque, I~1 52003 Person(s) Contacted Dawne O'Nleaxa - Yaxd Manager Nick McGrath -Safety Coordinator Visit Date January 19, 2000 Loss Prevention Service Provider Paul F. Ileui, ~1SP Industrial Hygiene Techtueian Confirmation Date February 10,2000 Dear blr. Jackson: PURPOSE OF VISIT 'phis will confirm the survey conducted at your request to evaluate worker exposure to Hoist throughout nclected areas of the Dubuque, I_-1 location. L Sound level measurements were collected in various locations to provide baseline noise levels. 1'hc Following table lists the results: ~ Lncarioer..,.., ' Measurement(dBA) 1 ~ C;ate 3 (Shaker Table Runninya, Crane OperadnQ) 71-~G One block south of Scrap yard at comer of Camp Street <70-73 and Salina Street ~ Prom Gate (Harrison Street) 73'78 Highway 2U entrance to residential axes (Noxtlabound < 70-71 side of Hi~hwav 20) ~ North Crescent Ridge facing North across the steeet I <70-75 From Dubuque Regional I-Iumane Societe U,n ,r/ i 1.-i llp p l/rll l' l /ll.-~ /h '~-~ 1~~7~ ~~ l ll. ,.. ~~ ~. >. o.r,nvl nui0~: ~ a/,~u,l /l d~ ann~.mA 1. ilu. I IYnaersA~r,em ri rl /vn/N un IF?bu nni rz Ai 'I i/,n/l l,~lud IG' Ai n~i ~ ,uud r„inn ii ~rc/ .iiir/rAmd /nra ~~~ /o...//,or, nprr/giuu of mrlluu~o, 4mrcv urLnm m~i I -ne iia. Libmv Mutual Insurance Gnmp Helping People Live Safer, More Secure Lives RECOMMENDATIONS 1H 06-01-1 HEARING CONSERVATION - TRAINING Share the results of this survey with the workers as part of your on-going Hearing Conservation Program. ADDITIONAL COMMENTS If you have any questions regarding this survey or the report you can contact me in the Schaumburg, Illinois office at 800-818-1079, ext. 276 Sincerely, Paul F. Klein, ASP Industrial Hygiene Technician Report Reviewed by: Gary L. Robinson, CIII Senior Consulting Industrial Hygienist Enc. Noise Dosimetry Data Page Note: External public area measurements only on these pages per Guy Jackson. Employee specific information removed in compliance with medical privacty acts. ;Table 5.3 Projected Noise Measurement from Various Noise Sources ;Based on Recorded Measurements i Projected Noise Levels (SPL) Noise Source i l Measurements I ~ 1000 feet I 2000 feet I 3000 feet i,Primary & Secondary I jCrushers I I 89dBA at 100' I I 69.0 dBA I 63.0 d8A ! 59.5 dBA Hitachi 501 Shovel, I Loading I I 92 dBA at 50' I I 66.0 dBA I 60.0 dBA I 56.5 dBA cuclid R-50 Pit I ruck, Loaded I I 90 dBA at 50' I I 64.0 dBA I 58.0 dBA I 54.4 dBA (Caterpillar 988 1 Loader I (80 dBA at 300' I I 69.5 dBA I 63.5 dBA I 60.0 dBA ISPL =Sound Pressure Level inicnard D Barksdale, editor, The Aggregate Handbook,1991 LNational Stone Association, Washington, DC 1991 PLANNED DISTRICT STAFF REPORT Project Name: Alter Scrap Processing Property Address: 190 N. Crescent Ridge Property Owner: Tschiggfrie Excavating Company Zoning Agenda: May 3, 2006 Applicant: Alter Scrap Processing/Dawne O'Meara Proposed Land Use: Industrial Existing Land Use: Vacant Proposed Zoning: PI Existing Zoning: CS/C-3/AG Adjacent Land Use: North -Open space/commercial Adjacent Zoning: North - PR/CS East -Commercial East - CS/C-3 South -Commercial/Residential South - PC/R-2 West -Commercial West - CS Flood Plain: Yes Water: Yes Storm Sewer: No Previous Planned District: None Total Area: 7.912 acres Existing Street Access: Yes Sanitary Sewer: Yes Purpose: The applicant is requesting rezoning of the subject property to a PUD Planned Unit Development District with a PI Planned Industrial designation to allow the development and operation of a scrap processing and recycling business. Property History: The property was used as a contractor yard in the 1990s with equipment and materials stored on the site. In 2000, the subject property was replatted to create 13 lots for businesses allowed in commercial service and C-3 zoning district. In 2003, a 25,000 square foot metal building was constructed on the site as a spec building. A similar request to rezone the subject parcel to a Planned Unit Development to allow the scrap processing and recycling business was recommended for denial by the Zoning Advisory Commission and subsequently withdrawn by the applicant in November 2005. Anew application by Alter was submitted in December 2005. After requesting to be tabled twice, After withdrew their request on March 21, 2006. Physical Characteristics: The subject property is located at the end of North Crescent Ridge and ties below Hobby Lobby (former Menard's) and a small residential subdivision to the east. The property is bounded on the north and east by an existing rail line and the Catfish Creek. The property is relatively flat except for areas to the north and east where limestone has been removed creating vertical rock faces. Planned District Staff Report- 190 N. Crescent Ridge Page 2 Conformance with Comprehensive Plan: The 2002 Comprehensive Plan Land Use Map designates the western portion of the property as commercial and the eastern portion as open space. This request involves the Comprehensive Plan's Land Use Element: Goals 3.1, 3.4, 7.1, 7.2 and 7.3. Staff Analysis: Streets: No new streets are planned as part of this development. The extension of North Crescent Ridge has been platted but not built. Staff has indicated to the applicant that if the rezoning is approved, Alter will need to request that the plat be rescinded and the portion of North Crescent Ridge within the area being rezoned be vacated. Sidewalks: Development of this parcel will require the installation of sidewalk along the property's frontage with North Crescent Ridge. Parking: The applicant is proposing to provide sufficient off-street parking to accommodate employees and customers. The Zoning Ordinance requires one space for each employee on the maximum shift. Lighting: The draft PUD Ordinance restricts outdoor lighting to 90-degree cut-off luminaries. Signage: The draft PUD Ordinance regulates signs based on the signage allowed by the CS Commercial Service and Wholesale District (the existing zoning designation of the property). Bulk Regulations: The proposed development of the site for a scrap processing and recycling operation will be in substantial compliance with the attached conceptual development plan. Permeable Area (%) & Location (Open Space): The proposed business will be located primarily on the west side of the property. The south and eastern portions of the parcel will remain undeveloped as this area is designated as a flood hazard area and is not included in the proposed PUD. Approximately 60 percent of the site will remain undeveloped. Landscaping/Screening: The proposed scrap operation is required to be screened by Section 29-6 of the Municipal Code (attached). Screening is required to obscure scrap material from surrounding property. The salvage yard will not be enclosed with any type. of roofed structure. Impact of Request on: Planned District Staff Report- 190 N. Crescent Ridge Page 3 Utilities: Existing utilities are adequate to serve the site Traffic Patterns/Counts: There are no traffic counts available for North Crescent Ridge. The proposed business will not significantly impact the adjacent street system as vehicle trips will be disbursed throughout the day. The number of vehicle trips from the proposed business will be less than the number that would be generated if the subject property was developed as currently platted. Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any adverse impacts to the environment provided erosion control is provided during all phases of development and provided that the scrap processing and recycling operation comply with federal and state environmental regulations. Adjacent Properties: Properties adjacent to this development will most likely be impacted through a small increase in traffic over existing conditions and an increase in the noise level from the operation of the facility. CIP Investments: None proposed. Staff Analysis: Alter Scrap Processing is requesting rezoning of the subject property from CS Commercial Service and Wholesale and C-3 General Commercial to PUD Planned Unit Development with a PI Planned Industrial District designation. The subject property is located at the end of North Crescent Ridge which was formerly named Menard Court. The roadway was renamed once Menard's relocated to their new store on U.S. Highway 20. The subject property is bordered to the north by an existing rail line, Catfish Creek and City-owned open space, to the east by an existing rail line, Catfish Creek and existing commercial business on Century Circle and Century Drive, to the south by Hobby Lobby (former Menard's building) and a small residential subdivision, and to the west by the Dubuque Humane Society, IWI Motor Parts and Wilwert's. The subject property covers approximately 7.9 acres. The applicants requested a similar rezoning for the parcel to a Planned Industrial District designation in November 2005. That request was withdrawn by the applicant after receiving a recommendation of denial by the Zoning Advisory Commission. A second request was submitted in December 2005. That request principally differs from the previous request in that screening has been increased in height. Screening along the north and east sides of the yard was to be 16 feet in height and a 10-foot high fence is proposed along the south and west sides of the yard. In addition, parallel to the north screening fence, a 30-foot high and 400-foot long storage building is proposed to provide additional screening for properties lying to the north and south. The current request is the same as the previous request, except the area being rezoned has been reduced from 22 acres to 7.9 acres. The area outside the fenced yard has been dropped from this rezoning application. Planned District Staff Report- 190 N. Crescent Ridge Page 4 The proposed business involves the processing of scrap metal as well as recycling of various metals. The operation is currently located between Harrison and Salina Streets just south of the Julien Dubuque Bridge. The company is looking to relocate to provide sufficient room for their operation, which has been constrained in the past due to tack of available space within the salvage yard. The subject property is currently vacant and was most recently replatted in 2000 to provide for an extension of the public street and the platting of additional commercial lots. If approved, the applicant will vacate the previously approved plat and consolidate the property into a single lot. The attached conceptual plan indicates that access to the site will be from North Crescent Ridge. The partially completed building on-site will be used as an office/ warehouse for the company. Employee and customer parking will be provided as well as a paved area for vehicle maneuvering within the salvage yard. The salvage yard is located on the western portion of the site below the former Menard's building. The property to the east and south will remain undeveloped except for required storm water detention and screening. The office, warehouse and some of the recycling operation will take place in the existing steel building on the site. The proposed operation will take advantage of the existing rail line and construct a rail spur to serve their operation. Access into the storage yard will be restricted by gates for both vehicle and railroad traffic. Section 29-6 of the Municipal Code (attached) requires that all salvage yards/junk yards be screened from view from the surrounding property. Attached to this staff report is a series of photos taken from the proposed salvage yard providing a 360-degree perspective. The photographs taken in October 2005 indicate that the existing trees surrounding the property offer a high degree of screening of the proposed salvage yard. The second series of photographs were taken in early November 2005 and show the subject area is less concealed from surrounding property once the leaves have fallen from trees in the area. One of the issues raised at the previous meetings was the locations of future bike trails within the City. A memorandum and map are attached to this staff report for the Commission's review. Another issue raised was the environmental impact of the proposed salvage yard. The environmental regulations that are applied to salvage yards are state and federal regulations that local officials do not have the authority to enforce. The only environmental regulations local officials have the authority to enforce are stone water and flood plain regulations. The proposed salvage yard will not be located in the flood plain portion of the property. However, the proposed storm water detention for the property is planned to be located in the flood plain. This is allowed subject to City and State review. The City's Dubuque Industrial Center West and the Dubuque Technology Park both have detention basins located in designated flood plain areas. Planned District Staff Report- 190 N. Crescent Ridge Page 5 The most difficult areas to screen the proposed salvage are from surrounding elevated locations such as North Crescent Ridge, the residential homes to the south, Oak Park Place and Medical Associates Clinic. Because of the excavation of the area along North Crescent Ridge, it will be necessary to provide a solid fence of sufficient height to screen the salvage operation from North Crescent Ridge and adjacent businesses. Because of the height of the adjacent single-family homes, though, a fence is not practical for screening purposes immediately adjacent to the salvage yard. This screening would be best applied near the property line with the single-family homes. Another option would be to reduce the eastern limit of the salvage yard to a point where it does not project beyond the quarried wall-face on the south side of the property. The existing topography will then shield the scrap yard from the residences to the south. The Municipal Code for screening of junk/salvage yards requires screening from surrounding property. The Code does not define what surrounding property is to include. Given Dubuque's topography, property elevated above a proposed salvage yard could view the contents of the yard from a considerable distance. The question is, at what distance does the ability to see a junk yard adversely impact the use and enjoyment of a property? Planning staff recommends that the Zoning Advisory Commission review Section 3-5.5 of the Zoning Ordinance that establishes criteria for the review of Planned Unit Development Districts and Section 6-1.1 that establishes criteria for rezoning requests. Prepared by: Reviewed: Prepared by: Laura Carstens. Citv Planner Address: City Hall. 50 W. 13th Street Telephone: 589-4210 Return to: Jeanne Schneider. Citv Clerk Address: Citv Hall. 50 W 13°' Street, Telephone: SA9~121 ORDINANCE NO. -O6 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED EAST OF NORTH CRESCENT RIDGE ROAD FROM CS COMMERCIAL SERVICE AND WHOLESALE AND C-3 GENERAL COMMERCIAL TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PI PLANNED INDUSTRIAL DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS, FOR ALTER TRADING CORPORATION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from CS Commercial Service and Wholesale, C-3 General Commercial and AG District to PUD Planned Unit Development District with a PI Planned Inof wh clhdis atta hed to and adopting an amended conceptual development plan, a copy made a part hereof,. with conditions for Alter Trading Corporation as stated below, to wit: Lots 1 thru 5 and Lots 9-13 of West End Commercial Subdivision and to the centerline of adjoining streets, all in the City of Dubuque, Iowa. Section 2. Attached hereto and made a part of this zoning reclassification approval is the Conceptual Development Plan for the Alter Trading Corporation Planned Unit Development marked Exhibit A. It is recognized that minor shifts or modifications to the general plan layout may be necessary and compatible with the need to acquire workable street patterns, grades, and usable building sites. The general plan layout, including the relationship of land uses to the general plan framework and the development requirements shall be used as the implementation guide. Ordinance No. - 06 Page 2 Section 3. Pursuant to Iowa Code Section 414.5 (2003), and as an express condition of the reclassification, the undersigned property owner agree to the following conditions, all of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A) Definitions 1) Building Related Features Building related features are defined as all constructed items which rise above the grade surface of the lot. These include: a) The primary building.. b) All accessory or secondary buildings. c) Exterior refuse collection areas. d) Exterior mechanical equipment. e) Containerized or tank storage of liquids, fuels, gases and other materials. 2) Vehicle-Related Features Vehicle-related features are defined as all areas used for the movement and parking of all vehicles within the lot. These include: a) Employee and visitor parking spaces. b) Driveways from the street right-of--way line to and from parking spaces. c) Loading spaces outside of the building. d) Maneuvering spaces outside of the building. e) Parking spaces for company-owned commercial vehicles. f) Fire lanes. g) Railroad tracks. 3) Open Space Features Open space features are defined as those exterior areas and developed features of the lot which include: a) Landscaped space containing lawn areas and plantings. b) Paved, hard-surfaced, pedestrian areas such as walkways, plazas, entryways and courtyards. c) Surface storm water detention areas not otherwise used for building-related or vehicle-related purposes. d) Open recreation areas and recreational trail. e) Other non-building and non-vehicular related space. Ordinance No. - 06 Page 3 B) Use Reaulations. The following regulations shall apply to all uses made of land in the above- described PUD District: 1) Principal permitted uses shall be limited to: a) Railroads and Public orquasi-public utilities - [47]. b) Junk yard, salvage yard - [44]. c) Warehousing and storage facilities - [33]. d) Offices - [14]. [ ]Parking group -see Section 4.2 of the Zoning Ordinance. 2) Conditional uses reserved for future use. 3) Accessory uses shall be limited to the following: a) Any use customarily incidental and subordinate to the principal use it serves. 4) Temporary uses shall be limited to the following: Any use listed as a permitted use within the PUD District of a limited duration as established in Section 2-5.3 and as defined in Section 8 of the Zoning Ordinance. C. Exterior Storage Reaulations Exterior storage shall be in accordance with the following regulations: 1) Exterior storage of materials, which could be blown into the air or strewn about by the wind, shall be prohibited. 2) Exterior storage of materials (where allowed) must be screened from .view from adjacent public right-of-way and surrounding privately-owned property. Screening must comply with the provisions of Section 29-6 of the Municipal Code. 3) Salvage material shall not extend above the fenced enclosure. 4) The screening height shall be measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. Screening on the north and east sides of the yard shall be 16 feet in height and 10 feet high on the south and west sides of the yard. 5) All exterior entrances to a screened storage area shall be provided with a gate or door of similar design to that of the screen. Ordinance No. - 06 Page 4 6) Long-term storage of products or materials in semi-trailers or shipping containers is prohibited. D. Lot and Bulk Reoulations., Development of land within the PUD District shall be regulated as follows: 1) All building structures and activities shall be located in substantial conformance with the attached conceptual development plan and all final site development plans shall be approved in accordance with provisions of the PUD District regulations of this ordinance and of Section 3-5.5 of the Zoning Ordinance. 2) All building-related features shall be in accordance with the following bulk regulations: a) Setback minimums: Front yard = 20 feet Side yard = 10 feet Rear yard = 25 feet b) Maximum building height = 40 feet c) Maximum lot coverage shalt be 80 percent. All building and vehicle related features shall be considered when calculating total land area coverage, except fire lanes and railroad tracks. d) Maximum building height shall be as stipulated in the bulk regulations above, except the following may exceed the height limit: elevator bulkheads, and other necessary mechanical equipment and their protective housing. Heating, ventilating and air conditioning (HVAC) equipment is limited to 10 feet above height limitation. E. Parkins and Loadino Reoufations 1) All vehicle-related features, except for railroad tracks, shall be surfaced with either asphalt or concrete. 2) All parking and loading spaces shall be delineated on the surfacing material by painted strips or other permanent means. 3) The number, size and design of parking spaces shall be governed by applicable provisions of City of Dubuque Zoning Ordinance and City standards. Ordinance No. - O6 Page 5 4) The number, size and design and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development. 5) The location and number of private driveway intersections with public streets shall be reviewed and approved by the City Engineer. 6) No on street maneuvering of delivery vehicles will be allowed on North Crescent Ridge. F. Sian Reaulations ~) Applicability of City of Dubuque Ordinances: The provisions of the City of Dubuque Zoning Ordinance- Section 4-3 Sign Regulations shall apply unless further regulated by this section. 2) On-Premise Signs: On-premise signs shall be erected or constructed in accordance with the following regulations. a) Schedule of sign regulations: allowable structural type, size, number and height shall be limited to the following requirements. Type of Maximum Size Maximum I Allowable Maximum Height' Sign Number Structure Tvpe Company 10% of building wall sign 2 signs per Wall-mounted Boelowraaet p p Primary is mounted on or 400 total street frontage Signs square feet of sign area, per business whichever is less. 250 square feet per sign 1 sign per Freestanding 40 feet face business restricted to interior street frontages only. Direction 6 square feet per sign No maximum Wall-mounted Boelparaoet al Signs face number I Monument 6 feet 'The height of monument-style signs shall be measured from average grade to top of sign structures. b) Variances: Variances from sign requirements for size, number and height may be requested. Such variances shall be reviewed by the Zoning Board of Adjustment in accordance with Section 5- 3 of the Zoning Ordinance. c) Lighting: Signs may be illuminated only by means of indirect lighting, whereby all light sources and devices are shielded from view by opaque or translucent materials, or internally illuminated by means of a light source completely enclosed by the sign panel. Ordinance No. - 06 Page 6 d) Motion: No signs may include any device or means, mechanical, electrical or natural, which shall cause any motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. G. Exterior Trash Collection Area Reouirements 1) Exterior trash collection areas shall include collection bins, dumpsters, and similar waste receptacles for the short-term storage and collection of trash. 2) Exterior storage of trash, which could be blown into the air or strewn about by the wind, shall be prohibited. 3) All exterior trash collection areas and the materials contained therein shall be screened from view from the adjacent public right-of-way. 4) The screening shall be a completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. 5) All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. H. Landscaoina Regulations The following Landscape Regulations shall apply to each lot: 1) Plant Materials: The open space area of the property shall be planted with permanent lawn and ground covers, shrubs and trees 2) Landscape berms and/or plantings shall be required as screening for parking areas adjacent to public streets and shall be a minimum of three (3) feet in height and can utilize natural grade changes to achieve the required 50% opacity landscaping screen. 3) To reduce erosion, all disturbed open space areas shall have ground cover of grass or native vegetation, which is installed as sod, or seeded, fertilized and mulched. 4) The lot owner is required to replant any and all plant materials, which have died due to any cause. 5) The area between the public street and the right-of-way line shall be planted with grass and maintained by the lot owner. Ordinance No. - 06 Page 7 6) A detailed landscape plan shall be required as part of submittal for final site development plan approval as required by Section 4-4 of the Zoning Ordinance. Performance Standards. The development and maintenance of uses in this PUD District shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following standards: 1) Site Lighting: exterior illumination of site features and location and design of site lighting shall be in accordance with the following requirements: a) All exterior lighting shall be designed, installed and maintained so as not to cause glare or to shine in adjacent lots and streets. b) All exterior lighting luminaries shall be designed and installed to shield light from the luminaire at angles above 90-degrees from vertical. c) Fixtures mounted on a building shall not be positioned higher than the roofline of the building. 2) Site Plans: Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance prior to construction of each building and vehicle-related feature. 3) Storm Water Conveyance: The developer shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainage ways outside the. lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to properties in the PUD District. 4) Noises: Noises generated within the PUD District shall be regulated by Chapter 33, Article IV Noises, of the City of Dubuque Code of Ordinances. 5) Other Codes and Regulations: These regulations do not relieve an owner from other applicable City, County, State and Federal codes, regulations, laws and other controls relative to the planning, construction, operation and management of property in the PUD District. Ordinance No. - O6 Page 8 J. Transfer of Ownership Transfer of ownership or (ease of property in this PUD District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. K. Modifications. Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. L. Recording. A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within ten (10) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 4. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 5. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this day of 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. -06 I Rod Tschiggfrie, representing Tschiggfrie Excavating Co., having read the terms and conditions of the foregoing Ordinance No. -06 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 12 day of May 2006. By: Rod Tschiggfrie ACCEPTANCE OF ORDINANCE NO. -06 I, Dawne O'Meara, representing Alter Scrap Processing, having read the terms and conditions of the foregoing Ordinance No. -06 and being familiar with the conditiond thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of 2006. By: Dawne O'Meara JUNK DEALERS, SECONHAND DEALERS AND PAWNBROKERS City of Dubuque Heritage Trail Riverfront System Alliant Powerline Trail Audubon Overlook Trail Dubuque Jacyees Trail Eagle Point Park Route Heron Pond Trail Julien Dubuque Route Mississippi Riverwalk Rec. Trail North End Neighborhood Trail Peosta Channel Trail Port of Dubuque Route Schmitt Island Route Stoltz Principal Toute (MRT) Heritage Trail Proposed Bike/Hike Trails Mississippi River Streets Phase 1 Proposed Iowa 32 Bike/Hike Trail Phase 2 Propsed Iowa 32 Bike/Hike Trail Map 5-5 Propsed and Existing Bicycle and Pedestrian Transportation Netword Funded Routes Proposed Routes Possible Proposed Routes Existing Routes Primary Roads Local Streets NORTH Map produced by: East Central Inter- governmental Association Transportation Planning 8/17/00 Approximate Distances to Surrounding Buildings PROPOSED SALVAGE YARD Alter Rezoning Oak Park Place Medical Associates Human Society IWI Wilwert's Heartland Inn Project Site Hobby Lobby Kennedy Mall Fischer Heights Subdivision Oak Grove Drive COLOR PICTURE COLOR PICTURE COLOR PICTURE COLOR PICTURE COLOR PICTURE COLOR PICTURE COLOR PICTURE COLOR PICTURE COLOR PICTURE COLOR PICTURE COLOR PICTURE Alter Rezoning Medical Associates Oak Park Place Humane Society IWI Wilwert's Heartland Inn Project Site Hobby Lobby Kennedy Mall Fischer Heights Subdivision Oak Grove Drive COLOR PICTURE COLOR PICTURE COLOR PICTURE COLOR PICTURE COLOR PICTURE COLOR PICTURE COLOR PICTURE COLOR PICTURE COLOR PICTURE COLOR PICTURE COLOR PICTURE TO: Whom It May ConcernFROM: Todd Schmidt -Branch Manager, G&K Services DATE: 4/19/06 SUBJECT: After Scrap G&K Services moved into its current location (approximately 300-400 yards away from After Scrap) in 2000. Looking out our front window, I can see up the road leading to their front entrance. Up until I started writing this letter, I have not spent a single moment thinking about the "nuisance" caused by having a scrap dealer in our neighborhood. The reason is because there is no nuisance from my perspective. From my vantage point, the noise level produced is indistinguishable from traffic on our street. My trucks drive up and down the same roads as Alter's and none of my drivers have ever made mention of negative road condRions caused by hauling scrap. W Neither my employees or I have been Yorced" to look at or smell anything offensive 245 Railroad Avenue coming from the scrap yard. Dubuque, IA 52003 563.584.8944 In short, we find After Scrap and their employees to by good business neighbors and 583.587.0069 Fax have nothing but positive things to say about them. www.glaervkea.eom To whom it may concern regarding the Alter scrap metal operation: As a new customer of Alters we have been very pleased with our service as well as their professionalism in handling our scrap needs. In visiting their facility I found it to be surprisingly clean and well organized. Their operation. seems to be well managed and growing. The only problem I see is space at their current location. I think Alters is a good company operating with the community in mind. Regards, Todd Simpson Barnstead International n APA 2 4 200fi CITY OF DUBUQUE PLANNING SERVICES DEPARTMENT UNIQUE BALANCE April 18, 2006 To the Dubuque Zoning Commission This letter is in reference to the Alter Company seeking to expand and relocate to the west end location in Dubuque. The Alter Company has been a tremendous partner with Unique Balance in providing us with scrap metal recycling for over 15 years. We would like to recommend that Alter be granted permission to make this move and allow them the opportunity to expand their business in Dubuque. If you have any questions forme about this matter please contact me at the numbers listed below. Thank you. Best egards, Ross Hemesath General Manager Unique Balance Dubuque, IA 800-553-0074 563-583-9776 (ext 11) 563-583-5281 (fax) ross@unique-balance.com 18 Apri12006 Dubuque City Zoning Department 50 West 13th Street Dubuque, Iowa 52001 RE: Alter Scrap Proposal Dear Sirs: We wish to express our approval of Alter Scrap Processing and their desire to relocate to North Crescent Ridge. As neighbors and customers of Alter Scrap, we find them to be a pleasure to work with and have not experienced any problems with noise, dust or excessive traffic. While we regret to lose good businesses in our azea, we would highly recommend Alter Scrap to any area of the city that wishes to benefit from a longtime part of our professional community. We have every confidence that Alter Scrap would be willing to work with their new neighbors in creating the relationship we all shaze with them at their present location. Sincerely, Nora Christensen Traffic and Logistics Manager Seattle Chocolate Company, Central Distribution Center 425 Salina Street Dubuque, Iowa 52003 (563)585-5050 Seattle Chocolate Company 8620-16th Avenue South Seattle, Washington 98108 (206)624-8989 Fax:(206)624-0216 TollFree:(800)3345600 www.seattlechocolates.com Dubuqueland Door Company 14268 Mile Hill Lane Dubuque, IA 52003 (563) 556-5702 City Hall City Zoning Board 50 West 13th St. Dubuque, IA 52003 April 18, 2006 To Whome It May Concern: This letter is being sent in regards to the land Alter Scrap would like to obtain for future business. We would recommend that there be a zoning change so that Alter Scrap may expand there growning business. If Alter Scrap were permitted to obtain the land behind the former Mendards there would be the potential for more jobs. Currently the trees cover the land from being seen. I do not think that there is a better place in the city where they would not be seen.You cannot see the land from any major road, as now you can see the yard as you enter the city from the bridge. Not visible & a potential for more employment a win win situation. Sincerely, Chad Soppe Burger King April 18, 2006 Our Burger King restaurant on South Locust Street is located very close to the Alter company on Harrison Street. There have never been any issues with Alter as cur neighbor. We have nat experienced noise, odor or garbage from their business. . To my knowledge there have been no issues for us being located close to Alter. In fact, we barely realize they are in business there. They have been a good, unobtrusive neighbor. Sincerely, Anthony E. Lehmann Owner April 12, 2006 Zoning Advisory Commission Attn.: Planning Services Department 50 W. 13`h St. To Whom It May Concern: I am writing this letter in support of the proposed move of Alter Trading Co. to a new location behind the Hobby Lobby. We have delivered fuel daily to Alter for years in their current location and have never had any problems with truck damage or flat tires. In addition, I understand that the new facility would be drastically updated/improved from their current facility. I understand the concern about where to relocate Alter as we were in a similar situation recently and found opposition to anywhere we attempted to move. Since we have relocated to Tamarack Business Park, numerous individuals have commented that they cannot believe it is the same Company that is now at Tamarack that was located on Terminal St. In summary, we have had a long standing, positive business relationship with Alter and support their proposed move. I feel they will live up to any commitments made re: their new facility. Sincerely, Thomas J. Flogel -Vice President 85 Terminal Street - P.O. Box 894 -Dubuque, IA 52004-0894 -Phone 563 583-7386 TRITON MANUFACTURING May 3, 2006 City Hall 50 West 13th Street Dubuque, IA 52001 City Zoning Department: Triton Manufacturing supports Alter Scrap Processing in their request to move to North Crescent Ridge Rd, down behind Hobby Lobby. Alter Scrap Processing would be more accessible to the public. Furthermore, this is a great location because it is discretely located on the backside of a hill and surrounded by a wooded area. The business would be out of the main view from Highway 20 and be able to conduct normal operations which could produce noise but would be muffled by the geography of the land. Triton Manufacturing will continue its support to Alter Scrap Processing and urges the City of Dubuque Zoning Board to consider to support Alter's move and better business opportunity. Sincerely, Llyod J. Hansen President May 1, 2006 To Whom It May Concern: Dubuque, Iowa Waterloo, Iowa dochester, Minnesota (563) 556-5821 (800) 373-582] (563)556-5120 FAX wwwsteamatic.com Dubuque Area Steamatic has been located at 500 Huff Street for over 20 years. Businesses that neighbor with us have also been in this azea for as many if not more yeazs as Steamatic. When the need arises, we all know that we can count on each other to lend a helping hand. One of the azea businesses, Alter Scrap Company, has asked that I write a reference letter for them. Alter has been a very good neighbor. Even with them being a "scrap/salvage" business we have never encountered a problem throughout all of the yeazs that I have been here. They have a professional, friendly staff of people who aze eager to help whenever we have had the opportunity to use their services. I am in fact, sorry to see that they will be moving. If you have any specific questions please give me a call. Sincerely, Jim Denman Dubuque Area Steamatic, Inc. Welter Storage Equipment Company 100 South Locust Street Dubuque, IA 52003 To Whom It May Concern: We have been business neighbors with Alter Scrap Company for over five years. We haev never had any kinda of confrontation or disturbance with them. They have always been quiet and they keep to themselves. As far as business neighbors go they have been nothing more then pleasant and easy to deal with. Sincerely, Bruce Menster April 24, 2006 TO WHOM IT MAY CONCERN As a neighbor to the Alter Co. for the last how many years we have not experience any problems Due to their privacy fence noise is keep to minimum. Dust and dirt continued and their scrap iron inventory is hidden from view. The Company has been excellent neighbor. Sincerely, Assistant Manager April 24, 2006 To whom it may concern, I have been the General Manager at Arbys on Main st for the past eight years. The Alter Facility is about 250 feet or so from my business. During that time I have never experienced problems with noise, pollution, dust or any problems. Rather during this time Alter has been a good neighbor that has increased business in the area. Sincerely, Bruce Howes General Manager Arbys Restaurant 10 Main St Dubuque, Ia 52003 563-557-0531 Burds MFG. HOUSING INC. 4 1/2 Miles West of Dubuque 14650 Hwy. 20 Peosta, IA 52068 563-556-7293 To: Dubuque City Council RE: Alter Scrap Processing - Rezoning We wish to express our support of Alter Scrap in their attempted rezoning. In doing business with Alter Scrap over the past 20 plus years, w'e have found them to be an outstanding corporate citizen. One that we will continue to do business with, end one ,hat Dubuque cannot afford to lose. The win-win situation of helping Alter Scrap expand its operations, keep along - siartdirtg bushtess in Dubuque, attd clean up the downtown / ri+~erfront area is vitally needec. Please help Alter Scrap our in this rezoning issue. Thank you, Todd Burds Vice President - Burds Housing The view from Medical Associates Clinic View From Oak Park Place Rail car loading over the roof of proposed shed? What a view You see us? We see you too. Medical Associates Clinic Oak Park Place What's up with all the junk? From homes on Oak Grove Drive Shaker Table New Stormwater inlet Ringside seats for the shaker table The City say it's a PARK! The City says it's a PARK! Who would put this... next to this? View of Medical Associates Greenbelt "To promote the protection, preservation and enhancement to the biodiversity of the city's bluffs, prairies, wetlands, waterways and all natural areas." (Dubuque Comprehensive Plan) This does not promote or protect Pollutant - means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials not covered by the Atomic Energy Act, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharge into water. (40 CFR 230) Contaminant - means a chemical or biological substance in a form that can be incorporated into, onto, or be ingested by and that harms aquatic organisms, consumers of aquatic organisms, or users or the aquatic environment, and includes but is not limited to the substances on the 307(a)(1) list of toxic pollutants. (40 CFR 230) Treated or Creosote Timber & Rusting Steel Stormwater This area regularly floods. Where does the water go? Stormwater measures are inadequate for the proposed use and environmentally unsafe. Approximately 22 acre site (excluding Hobby hobby site) with detention designed for 6.06 acres A new stormwater inlet. Where does this go? Welcome to Catfish Creek Noise Currently, 4 to 6 drops per minute x 3 cranes = 12 to 18 drops per minute And More Noise Car Smashing: 3 hits every 10 seconds. Plus the shaker table, plus the rail coupling noise, plus vehicle safety alarms. Experts communicated last fall that it is not possible to mitigate noise effecting elevated neighbors. The plan your voted NO to 12/05 This new plan changes nothing. -Withdrawn 12/05 to avoid Council vote. -Same plan resubmitted less than 2 weeks later! -Withdrawn from Zoning Hearing to negate > 80% objection from neighbors within 200 ft. -Same plan resubmitted with manipulation of the property line to reduce list of people within 200 ft. Railcar loading over top of shed Sliding gate open all day? Noise and view impact - There is not 200 ft. magic force field! ALTER TRADING CORPORATION NEW BUILDING SITE PLAN Nothing proposed to correct storm detention problem Grossly undersized! Gate to What? East site improvements not on rezoned parcel It's still the SAME PLAN with a worse impact, and needs the SAME "NO" VOTE! April 26, 2006 Ms. Jeanne Schneider Dubuque City Clerk City Hall 50 W. 13th Street Dubuque IA 52001 Dear City Clerk: Please find attached protest letters signed by a majority of the owners of property within 200 feet of 190 North Crescent Ridge, Dubuque. The protests are in opposition to the rezoning request filed by Alter Scrap Processing/Tschiggflie Excavating Company to change the zoning from CS Commercial Service and Wholesale, C-3 General Commercial and AG Agricultural District to PI Planned Industrial District. Also attached are petitions from neighboring property owners and tenants, protesting the rezoning request. On February 27, 2006, we previously submitted to the City Clerk the originals plus three sets of these documents in response to Alter's previous application (a copy of our February 271etter is attached). We ask that these be transferred to the City's file for Alter's current application. Please distribute copies of these to the Zoning Advisory Commission, the City Council, and the City Manager. Please contact the undersigned if you have any questions. Thank you. Very truly yours, O'CONNOR & THOMAS, P.C. Ms. Jeanne Schneider Dubuque City Clerk April 26, 2006 Page 2 Stephen C. Krumpe cc: Jeffrey L. Gonner, CFO Encs. February 27, 2006 Ms. Jeanne Schneider Dubuque City Clerk City Hall 50 W. 13th Street Dubuque IA 52001 Dear City Clerk: Please find attached original protest letters signed by a majority of the owners of property within 200 feet 190 North Crescent Ridge, Dubuque. The protests are in opposition to the rezoning request filed by Alter Scrap Processing/Tschiggfrie Excava[ingCompany tochange the zoning from CS Commercial Service and Wholesale, C-3 General Commercial and AG Agricultural District to PI Planned Industrial District. Also attached are petitions from neighboring property owners and tenants, bearing the original signatures, protesting the rezoning request. In addition to the originals, we are providing you with three sets for distribution to the Zoning Advisory Commission, the City Council, and the City Manager. Finally, please file stamp the other two sets and return to us for our file. Please contact the undersigned if you have any questions. Thank you. Very truly yours, O'CONNOR & THOMAS, P O'CONNOR 6i THOMAS, P.C. Ms. Jeanne Schneider Dubuque City Clerk February 27, 2006 Page 2 SCK/drm Encs. February 15, 2006 Dubuque City Clerk City Hall 50 West 13th Street Dubuque, IA 52001 Re: Objection to Rezoning Request for 190 N. Crescent Ridge Road property To Whom It May Concern: I own property at 20 Oak Grove Drive that is within 200 feet of property located at 190 N. Crescent Ridge Road in the City of Dubuque. I object to the request to rezone the 190 N. Crescent Ridge Road property as an industrial site, and to any other change in its current zoning classification. I object to putting a junkyard on this property. It will bring unsightliness, disruptive and disturbing noises, truck traffic, and train noise at all hours of day and night to our neighborhood and the surrounding area. I further object to this rezoning requesjr as it will devalue adjacent and surrounding property Please notify City Planning Services, the Zoning Advisory Commission, and City Council of my objection. Thank you. Sincerely, Signature Print Name 20 Oak Grove Drive Dubuque, IA 52003 February 15, 2006 Dubuque City Clerk City Hall 50 West 13th Street Dubuque, IA 52001 Re: Objection to Rezoning Request for 190 N. Crescent Ridge Road property To Whom It May Concern: I own property on Oak Grove Drive that is within 200 feet of property located at 190 N. Crescent Ridge Road in the City of Dubuque. I object to the request to rezone the 190 N. Crescent Ridge Road property as an industrial site, and to any other change in its current zoning classification. I object to putting a junkyard on this property. It will bring unsightliness, disruptive and disturbing noises, truck traffic, and train noise at all hours of day and night to our neighborhood and the surrounding area. I further object to this rezoning request as it will devalue adjacent and surrounding property Please notify City Planning Services, the Zoning Advisory Commission, and City Council of my objection. Thank you. Sincerely, Signature ! Print Name 2341 Spruce Wood Drive Dubuque, IA 52002 February 15, 2006 Dubuque City Clerk City Hall 50 West 13th Street Dubuque, IA 52001 Re: Objection to Rezoning Request for 190 N. Crescent Ridge Road property To Whom It May Concern: I own property at 35 Oak Grove Drive that is within 200 feet of property located at 190 N. Crescent Ridge Road in the City of Dubuque. I object to the request to rezone the 190 N. Crescent Ridge Road property as an industrial site, and to any other change in its current zoning classification. I object to putting a junkyard on this property. It will bring unsightliness, disruptive and disturbing noises, truck traffic, and train noise at all hours of day and night to our neighborhood and the surrounding area. I further object to this rezoning request as it will devalue adjacent and surrounding property Please notify City Planning Services, the Zoning Advisory Commission, and City Council of my objection. Thank you. Sincerely, Signature Print Name 35 Oak Grove Drive Dubuque, %A 52003 February 15, 2006 Dubuque City Clerk City Hall 50 West 13th Street Dubuque, IA 52001 Re: Objection to Rezoning Request for 190 N. Crescent Ridge Road property To Whom It May Concern: I own property at 45 Oak Grove Drive that is within 200 feet of property located at 190 N. Crescent Ridge Road in the City of Dubuque. I object to the request to rezone the 190 N. Crescent Ridge Road property as an industrial site, and to any other change in its current zoning classification. I object to putting a junkyard on this property. It will bring unsightiness, disruptive and distrubing noises, truck traffic, and train noise at all hours of day and night to our neighborhood and the surrounding area. I further object to this rezoning request as it will devalue adjacent and surrounding property. Please notify City Planning Services, the Zoning Advisory Commission, and City Council of my objection. Thank you. Sincerely, Signature Print Name 8279 Kalb Ridge Peosta, IA 52068 February 15, 2006 Dubuque City Clerk City Hall 50 West 13th Street Dubuque, IA 52001 Re: Objection to Rezoning Request for 190 N. Crescent Ridge Road properly To Whom It May Concern: I own property at 55 Oak Grove Drive that is within 200 feet of property located at 190 N. Crescent Ridge Road in the City of Dubuque. I object to the request to rezone the 190 N. Crescent Ridge Road property as an industrial site, and to any other change in its current zoning classification. I object to putting a junkyard on this property. It will bring unsightliness, disruptive and disturbing noises, truck traffic, and train noise at all hours of day and night to our neighborhood and the surrounding area. I further object to this rezoning request as it will devalue adjacent and surrounding property Please notify City Planning Services, the Zoning Advisory Commission, and City Council of my objection. Thank you. Sincerely, Signature Print Name 55 Oak Grove Drive Dubuque, IA 52003 February 15, 2006 Dubuque City Clerk City Hall 50 West 13th Street Dubuque, IA 52001 Re: Objection to Rezoning Request for 190 N. Crescent Ridge Road property To Whom It May Concern: I own property at 65 Oak Grove Drive that is within 200 feet of property located at 190 N. Crescent Ridge Road in the City of Dubuque. I object to the request to rezone the 190 N. Crescent Ridge Road property as an industrial site, and to any other change in its current zoning classification. I object to putting a junkyard on this property. It will bring unsightliness, disruptive and disturbing noises, truck traffic, and train noise at all hours of day and night to our neighborhood and the surrounding area. I further object to this rezoning request as it will devalue adjacent and surrounding property Please notify City Planning Services, the Zoning Advisory Commission, and City Council of my objection. Thank you. Sincerely, Signature Print Name 65 Oak Grove Drive Dubuque, IA 52003 February 20, 2006 Dubuque City Clerk City Hall 50 West 13th Street Dubuque, IA 52001 RE: Objection to Rezoning Request for 190 N. Crescent Ridge Road property To Whom It May Concern: As owner of a property along Century Drive within 200 feet of the property located at 190 N. Crescent Ridge Road, I am opposed to the rezoning of the Crescent Ridge property for the use of a Salvage Yazd. l feel this type of use is not conducive with existing businesses and residential dwellings in the neighborhood, and azea of the City. I can appreciate the amount of time, effort, and costs associated with relocating and establishing a business, however I am not in favor of rezoning this property for the purpose of a Salvage Yazd. Due to the nature of the topography it will be very difficult to provide proper screening of the site relative to existing homes and businesses lying above the property. Thank you for the opportunity to share my concerns regarding this issue. I hope you find the information helpful when considering this rezoning matter. Sincerely, Lamaz Advertisin Company J s P. Schumacher Vice PresidentlGeneral Manager 1690 Elm Street Dubuque, Iowa 52001 (563) 556-4141 Fax (563) 556-0648 Toll Free (877) 406-3495 February 15, 2006 Dubuque City Clerk City Hall 50 West 13th Street Dubuque, IA 52001 Re: Objection to Rezoning Request for 190 N. Crescent Ridge Road property To Whom It May Concern: I own properly at 645 Century Drive that is within 200 feet of property located at 190 N. Crescent Ridge Road in the City of Dubuque. I object to the request to rezone the 190 N. Crescent Ridge Road property as an industrial site, and to any other change in its current zoning classification. I object to putting a junkyard on this property. It will bring unsightliness, disruptive and disturbing noises, truck traffic, and train noise at all hours of day and night to our neighborhood and the surrounding area. I further object to this rezoning request as it will devalue adjacent and surrounding property Please notify City Planning Services, the Zoning Advisory Commission, and City Council of my objection. Thank you. Print Name 645 Century Drive Dubuque, IA 52002 February 15, 2006 Dubuque City Clerk City Hall 50 West 13th Street Dubuque, IA 52001 Re: Objection to Rezoning Request for 190 N. Crescent Ridge Road property To Whom It May Concern: I own property at 685 Century Drive that is within 200 feet of property located at 190 N. Crescent Ridge Road in the City of Dubuque. I object to the request to rezone the 190 N. Crescent Ridge Road property as an industrial site, and to any other change in its current zoning classification. I object to putting a junkyard on this property. It will bring unsightliness, disruptive and disturbing noises, truck traffic, and train noise at all hours of day and night to our neighborhood and the surrounding area. I further object to this rezoning request as it will devalue adjacent and surrounding property Please notify City Planning Services, the Zoning Advisory Commission, and City Council of my objection. Thank you. Sincerely Signature Print Name RSML Partners Paulson Electric 685 Century Drive Dubuque, IA 52002 February 15, 2006 Dubuque City Clerk City Hall 50 West 13th Street Dubuque, IA 52001 Re: Objection to Rezoning Request for 190 N. Crescent Ridge Road properly To Whom It May Concern: I own property at 735 Century Drive that is within 200 feet of property located at 190 N. Crescent Ridge Road in the City of Dubuque. I object to the request to rezone the 190 N. Crescent Ridge Road property as an industrial site, and to any other change in its current zoning classification. I object to putting a junkyard on this property. It will bring unsightliness, disruptive and disturbing noises, truck traffic, and train noise at all hours of day and night to our neighborhood and the surrounding area. I further object to this rezoning request as it will devalue adjacent and surrounding property Please notify City Planning Services, the Zoning Advisory Commission, and City Council of my objection. Thank you. Sincerely, Signature Print Name Dan Lansing Construction 735 Century Drive Dubuque, IA 52002 February 15, 2006 Dubuque City Clerk City Hall 50 West 13th Street Dubuque, IA 52001 Re: Objection to Rezoning Request for 190 N. Crescent Ridge Road property To Whom It May Concern: I own property at 815 Century Drive that is within 200 feet of property located at 190 N. Crescent Ridge Road in the City of Dubuque. I object to the request to rezone the 190 N. Crescent Ridge Road property as an industrial site, and to any other change in its current zoning classification. I object to putting a junkyard on this property. It will bring unsightliness, disruptive and disturbing noises, truck traffic, and train noise at all hours of day and night to our neighborhood and the surrounding area. I further object to this rezoning request as it will devalue adjacent and surrounding properly Please notify City Planning Services, the Zoning Advisory Commission, and City Council of my objection. Thank you. Sincerely, Print Name Century Plaza II LLC 815 Century Drive Dubuque, IA 52002 February 15, 2006 Dubuque City Clerk City Hall 50 West 13th Street Dubuque, IA 52001 Re: Objection to Rezoning Request for 190 N. Crescent Ridge Road properly To Whom It May Concern: I own property at 1000 and 1005 Century Circle that is within 200 feet of property located at 190 N. Crescent Ridge Road in the City of Dubuque. I object to the request to rezone the 190 N. Crescent Ridge Road property as an industrial site, and to any other change in its current zoning classification. I object to putting a junkyard on this property. It will bring unsightliness, disruptive and disturbing noises, truck traffic, and train noise at all hours of day and night to our neighborhood and the surrounding area. I further object to this rezoning request as it will devalue adjacent and surrounding property Please notify City Planning Services, the Zoning Advisory Commission, and City Council of my objection. Thank you. Sincerely, Signature Print Name 2656 New Haven Dubuque, IA 52001 February 15, 2006 Dubuque City Clerk City Hall 50 West 13th Street Dubuque, IA 52001 Re: Objection to Rezoning Request for 190 N. Crescent Ridge Road properly To Whom It May Concern: I own property on Century Circle that is within 200 feet of property located at 190 N. Crescent Ridge Road in the City of Dubuque. I object to the request to rezone the 190 N. Crescent Ridge Road property as an industrial site, and to any other change in its current zoning classification. I object to putting a junkyard on this property. It will bring unsightliness, disruptive and disturbing noises, truck traffic, and train noise at all hours of day and night to our neighborhood and the surrounding area. I further object to this rezoning request as it will devalue adjacent and surrounding property Please notify City Planning Services, the Zoning Advisory Commission, and City Council of my objection. Thank you. Sincerely, Signature Print Name Jim Giese Commercial Roofing 9062 Silverwood Drive Dubuque, IA 52003 PETITION AGAINST PUTTING JUNKYARD AT 190 NORTH CRESCENT RIDGE I, the undersigned, strongly object to putting a junkyard on this property because it will bring unsightliness, noise, truck traffic and train noise to our neighborhood at all hours of day and night. We do not understand why the City would want a junkyard in the middle of residential and shopping areas. It makes no sense. Please stop it. PETITION AGAINST PUTTING JUNKYARD AT 190 NORTH CRESCENT RIDGE I, the undersigned, strongly object to putting a junkyard on this property because it will bring unsightliness, noise, truck traffic and train noise to our neighborhood at all hours of day and night. We do not understand why the City would want a junkyard in the middle of residential and shopping areas. It makes no sense. Please stop it. PETITION AGAINST PUTTING JUNKYARD AT 190 NORTH CRESCENT RIDGE I, the undersigned, strongly object to putting a junkyard on this property because it will bring unsightliness, noise, truck traffic and train noise to our neighborhood at all hours of day and night. We do not understand why the City would want a junkyard in the middle of residential and shopping areas. It makes no sense. Please stop it. PETITION AGAINST PUTTING JUNKYARD AT 190 NORTH CRESCENT RIDGE I, the undersigned, strongly object to putting a junkyard on this property because it will bring unsightliness, noise, truck traffic and train noise to our neighborhood at all hours of day and night. We do not understand why the City would want a junkyard in the middle of residential and shopping areas. It makes no sense. Please stop it. PETITION AGAINST PUTTING JUNKYARD AT 190 NORTH CRESCENT RIDGE I, the undersigned, strongly object to putting a junkyard on this property because it will bring unsightliness, noise, truck traffic and train noise to our neighborhood at all hours of day and night. We do not understand why the City would want a junkyard in the middle of residential and shopping areas. It makes no sense. Please stop it. PETITION AGAINST PUTTING JUNKYARD AT 190 NORTH CRESCENT RIDGE I, the undersigned, strongly object to putting a junkyard on this property because it will bring unsightliness, noise, truck traffic and train noise to our neighborhood at all hours of day and night. We do not understand why the City would want a junkyard in the middle of residential and shopping areas. It makes no sense. Please stop it. PETITION AGAINST PUTTING JUNKYARD AT 190 NORTH CRESCENT RIDGE I, the undersigned, strongly object to putting a junkyard on this property because it will bring unsightliness, noise, truck traffic and train noise to our neighborhood at all hours of day and night. We do not understand why the City would want a junkyard in the middle of residential and shopping areas. It makes no sense. Please stop it. PETITION AGAINST PUTTING JUNKYARD AT 190 NORTH CRESCENT RIDGE I, the undersigned, strongly object to putting a junkyard on this property because it will bring unsightliness, noise, truck traffic and train noise to our neighborhood at all hours of day and night. We do not understand why the City would want a junkyard in the middle of residential and shopping areas. It makes no sense. Please stop it. PETITION AGAINST PUTTING JUNKYARD AT 190 NORTH CRESCENT RIDGE I, the undersigned, strongly object to putting a junkyard on this property because it will bring unsightliness, noise, truck traffic and train noise to our neighborhood at all hours of day and night. We do not understand why the City would want a junkyard in the middle of residential and shopping areas. It makes no sense. Please stop it. PETITION AGAINST PUTTING JUNKYARD AT 190 NORTH CRESCENT RIDGE I, the undersigned, strongly object to putting a junkyard on this property because it will bring unsightliness, noise, truck traffic and train noise to our neighborhood at all hours of day and night. We do not understand why the City would want a junkyard in the middle of residential and shopping areas. It makes no sense. Please stop it. PETITION AGAINST PUTTING JUNKYARD AT 190 NORTH CRESCENT RIDGE I, the undersigned, strongly object to putting a junkyard on this property because it will bring unsightliness, noise, truck traffic and train noise to our neighborhood at all hours of day and night. We do not understand why the City would want a junkyard in the middle of residential and shopping areas. It makes no sense. Please stop it. May 3, 2006 Zoning Advisory Commission City of Dubuque 50 West 13th Street Dubuque IA 52001 RE: Medical Associates Clinic, Professional Corporation, and Medical Associates Realty, LP: Opposition to Alter Scrap Processing Request for Rezoning of 190 N. Crescent Ridge from CS Commercial Services and Wholesale, C-3 General Commercial and AG Agricultural District to PI Planned Industrial District Dear Zoning Advisory Commission: Rezoning the property at 190 N. Crescent Ridge for Alter Scrap to use as a junkyard is illegal, in violation of Dubuque's zoning ordinance and Comprehensive Plan, and a disaster from any practical standpoint. IIIeQality under Zoning and PUD Ordinances: Reouirements of Dubuoue's zonine ordinance (Al reeardine rezonine. Bl reeardina PUD's. and (Cl reeardinlr screening A. Rezonine Reouirements: At the public hearings on on Nov. 2, 2005 and December 7, 2005, it was essentially conceded by all Commissioners present that the criteria required in the ordinance for rezoning are not present in this case. The Commission cannot lawfully decide to rezone anyway. The rezoning provision states: 6-1.1. General Statement Of Intent: The Council finds that the reclassification ofproperty is asensitive and important legislative function which, in the interest of maintaining uniform zoning policies and the integrity of the O'CONNOR & THOMAS, P.C. Zoning Advisory Commission May 3, 2006 Page 2 Comprehensive Plan, should only be exercised snarintly and under proper conditions. For this reason, and because the oricinal zonint district boundaries under this Ordinance are presumed to he correct and appropriate, it shall hereafter be the policy of the City Council to reclassify property only where a clear showinc has been made that the oritina( classification was a mistake or that circumstances and conditions affectinc the property in, question have so materially chanced so as to demand reclassification in the public interest. *** Furthermore, it is contemplated underthis Ordinance that the Lone-Ranee Plannint Advisory Commission is. in the first instance. the body responsible for the formulation and continuint review of the Comprehensive Plan. as expressed herein. and that the Commission shall be charted with the duty of periodically reviewint the policies and provisions of this Ordinance, in Licht of its nurooses and chancinc conditions. and nronosinc on its own initiative such, district reclassifications or ordinance amendments as may he deemed annronriate to secure the public welfare. B. Screeninc reouirements: The Plan does not provide the level of screening required. The screening is required to block the junkyard from all public view, not just from the immediately abutting properties or properties within 200 feet. Putting an unsightly fence around a junkyard that is located forty feet or more lower than the surrounding residential and commercial areas may protect the bugs in the grass from offensive views, but it does nothing for the people living, getting health Gaze, traveling, or shopping at surrounding locations that are forty feet higher in elevation. The screening requirements are as follows: Sec. 29-6. Fencing Requirements For Junk And Salvage Operations: (a) An operator of a junkyazd/salvage operation shall submit to the city development planner a screening plan which shall be approved for each individual premises. The screenint elan shall intetrate the screen with the natural surroundints, and shall consider and make provisions to assure reasonable access to the screen for purposes of maintaining the screens. (b) The purpose of screening is to eliminate the visual impact of the iunkvard contents by obscurinc it from view outside the premises.. (c) Materials for use in screening of junkyazd shall generally consist of natural objects, plantings, fences, or other appropriate means such as storage sheds, buildings and other similar elements. (2) Plantings shall he shrubs and trees of such tunes as to provide year round obscurement commensurate with local site conditions. All plant material used for screenint shall be of a size and Quantity to provide obscurement. O'CONNOR 6t THOMAS, P.C. Zoning Advisory Commission May 3, 2006 Page 3 (3) Screens shall be made of wood, metal or other materials commonly used in the building trade, and shall be of such heieht and twe as necessary to provide obscurement... . C. PUD requirements: The ordinance also provides criteria for creation of a Planned Unit Development. The requested rezoning does not meet the requirements for a PUD under Dubuque's ordinance. The ordinance states: 3-5.5. Planned Unit Development District (PUD). (A) ...Regulations for this district aze designed: **~ (4) To encourage new development to preserve and utilize existing land chazacteristics and features which offer visual recreational benefits or other amenities; (5) To promote the economic. attractive. innovative and harmonious arraneement and desien of new buildines. streets. utilities and other improvements or structures; (6) To provide a livine. workine and shoppine environment within the lavout of the site that contributes to a sense of community and a coherent lifestyle; (7) To provide for the creation and preservation of more and lazser useable public or common open spaces than would normally be provided under conventional development; *** (C) Permitted Uses: Each planned unit development shall allow any principal permitted use allowed by the zoning ordinance, which by desien and use and restriction is compatible with all adiacent uses, and which is specifically listed in the ordinance adopted for the PUD. *** (D) Development Regulations:.. . In all PUDs the following minimum standazds shall be met: (1) General Standazds: (a) The density and desien of the PUD shall be compatible in use, size and tune of structure. relative amount of oven space. traffic circulation and eeneral lavout with adioinine land uses. and shall be inteerated into the neiehborhood. (b) The PUD shall take into consideration the impact in existine streets and utilities. O'CONNOR & THOMAS, P.C. Zoning Advisory Commission May 3, 2006 Page 4 (c) The economic. environmental and neiehborhood impacts of the development shall be considered. (d) The PUD shall conform with the adopted lone ranee comprehensive plan. **~ (F) Plan Approval Standards. The Zoning Commission and City Council shall not approve the PUD application plan unless and until the Commission and Council determine that the conceptual development plan conforms to each of the following standards: (1) The conceptual development plan is in substantial conformance with adopted Comprehensive Plan to euide the future erowth and development of Dubuaue._ ~** (3) The proposed development shall not interfere with the anpronriate use and eniovment of nropertv on abuttine districts. *** (5) Natural drainaee areas are retained as appropriate and improved if necessary. (6) Due consideration is given to preservine natural site amenities and minimizine the disturbance to the natural environment. Incompatibility with Comprehensive Plan "Fidelity to the comprehensive plan, whether inherent in the zoning ordinance or a sepazate written document, reduces the risk of azbitrazy decision making, lending stability and predictability to the zoning process." Iowa Coal Min. Co.. Inc. v. Monroe County, 494 N.W.2d 664, 669 (Iowa 1993). "1'he factor of primazy importance is whether the rezoned tract has a peculiar adaptability to the new classification as compared to the surrounding property. Snot zoninv_ for the benefit of the owner and contrary to the. comprehensive plan is unreasonable." Little v. Winborn, 518 N.W.2d 384 (Iowa 1994). Dubuque's Comprehensive Plan does not provide for industrial development in the area selected by Alter Scrap to relocate. The Comprehensive Plan does, however, require development to proceed in specific ways, with which the Alter Scrap plan is entirely inconsistent. The Comprehensive Plan requires development in accordance with the following criteria: four To balance open space and environmental preservation with the community's development needs. 4.1 Protect and preserve existine oven space and nark land to meet the community's needs. O'CONNOR 6z THOMAS, P.C. Zoning Advisory Commission May 3, 2006 Page 5 4.2 Encourage expansion of urban Breen maces in suitable locations. **+ 4.5 Limit development along bluff lines and nrotect scenic vistas. 4.6 Protect and enhance riverfront and related wetlands, waterway corridors and other sensitive land areas. five Encourage that the physical character and form of the city reflects its historic setting and that the built environment is compatible with the city's natural environment. S.1 Define and enhance city gateways and focal points to create a sense of mace. *** 5.3 Protect natural vistas from the clutter of inannronriate physical development. a** six Encourage the concept of mixed use development to create diverse and self-sufficient neighborhoods. *** 6.2 Buffer and nrotect incompatible uses from each other. Unnecessary. Impractical. and a Betrayal of Trust There is ample property available in the City of Dubuque already zoned for industrial use that is now vacant. Nobody at the meeting on Nov. 2denied this obvious fact. In 1994, Medical Associates donated 33 acres immediately bordering the proposed junkyard for use as a natural area with walking trails. Aside from the utter inconsistency of those uses with a junkyard, what message would rezoning the immediately adjacent property for development as a junkyard send: "We're not only going to use for incompatible purposes, we're going to use it for ajunkyard right next to you!" The rezoning would be a betrayal of the gift of the property to the City. It will not be overlooked by future donors. (See Exhibit 1 attached.) Thejunkyard will abut Catfish Creek. The pollution prospects from this location are manifest and obvious. The drainage scheme for the original 12-lot commercial development is utterly inadequate to properly drain the property if it is covered with large structures and paving, as Alter's plan shows it will be. The detention O'CONNOR 6r. THOMAS, P.C. Zoning Advisory Commission May 3, 2006 Page 6 basin is about one-third the size it would need to be for Alter's development. The City's settlement with Alter Scrap in 1998, which azose out of numerous code violations by Alter Scrap at its current location, required Alter to use its best efforts to relocate to an azea "which is annronriately zoned for the conduct of its business." Alter has failed utterly to comply with this requirement of its settlement with the City. (See Exhibit 2 attached.) Alter has instead requested to relocate into the middle of the busiest traffic, shopping, professional complex, restaurant, motel area in Dubuque County. It has requested a junkyard be made the western gateway to the City for daily commuters and tourists. The rezoning would reduce the City's tax base. The property has far more tax base value as commercial property than as a junkyazd. The junkyazd would also reduce the value of adjoining property that will no longer be developed for normal commercial uses. Medical Associates itself has property overlooking what would become the j unkyard. The rezoning would destroy that economic value and deprive the City of more tax base. Trucks will use Highway 20 for access to the proposed junkyard site. Highway 20 is the most congested traffic route in the City of Dubuque. Adding a sprinkling of the inevitable debris that will fall from the steady parade of trucks into the junkyazd would pose a serious safety hazard to traffic on Highway 20 and will in any event significantly increase congestion. Many neighbors of the property appeared on Nov. 2 to speak in opposition to the rezoning. Petitions were submitted then, and tonight. The neighbors have no confidence in the assurances that all will be well, because all has been unwell at the site for a long time with the excavation that has gone on already. Nor should the City have confidence - Alter's history of violations at its present site (the files on which are too voluminous to attach to this letter, but which aze referenced in Exhibit 2) has cost it credibility on that account. Medical Associates respectfully requests that the Commission deny the request for rezoning. Very truly yours, O'CONNOR & THOM,^ ° ° " ~~~~ Stephen C. Krumpe Enclosures 10/91/05 17:00 FAb 5695844110 MED.ASSOC ADMIN ~ OCDNNER THOI[AS ~Ju09 e: i - ~ ORDINANCE N0. 24 -94 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY • LOCATED EAST OF THE NORTHWEST ARTERIAL AT CHAVENELLE ROAD FROM R-1 SINGLE- ~' FAMILY RESIDENTIAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DISTRICT DESIGNATION AND A PR PLANNED RESIDENTIAL DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. 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 PUD Planned Unit Development District with a PC Planned Commercial District designation and a PR Planned Residential District designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, with conditions as stated below, to wit: Lot 2 of Lot 8, Sunset Park Sixth Addition; Lot C, Sunset Park Eighth Addition; and Lot 1 of the SE 1/4 NW 1/4, Lot 1. of Lot 2 of the SW 1/4 NW 1/4, Lot 1 of the NE 1/4 SW 1/4; and Lot 1 of Lot 2 of the NW 1/4 SW 1/4, all in Sec. 28, T. 89 N., R. 2 E. of the 5th P.M., to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Pursuant to Iowa Code Section 414.5 (1993), and as an express condition of the reclassification, the undersigned property owner(s) agree(s) to the following conditions, all of which the property owner(s) further agree(s) are ,f`~ reasonable and imposed to satisfy the public needs that are caused directly. by ._ the zoning reclassification: , A. Use (2eaplation~,., ' The fallowing regulations shall apply to all uses made of land in the PUD District in accordance with the conceptual development plan: 1) Phases 1, 2 and 3 Business--All principal permitted, accessory, conditional and. temporary uses allowed in the C-3 General Commercial District as establlshed~in Section 3-3.3 of the Zoning Ordinance. 2) Phase 1 Residential--All principal permitted, accessory, conditional and temporary uses allowed. in the R-2 Two-Family Residential District as established in Section 3-1.2 of the Zoning Ordinance. 3) Phase 2 Residential--All principal permitted, accessory, conditional and temporary uses allowed in the R-3 Moderate Density Multi-Family Residential District as established in Section 3-1.4 of the Zoning Ordinance. 4) Phase 3 Residential--All principal permitted, accessory, conditional and temporary uses allowed in the R-4 Multi-Family Residential District~:as established in Section 3-1.5 of the Zoning EXHIBIT Ordinance. I 5) City Park Land and Natural Preserve--Public and private parks, nature preserve and similar passive and active recreational uses. 10/91/05 17:00 FA3 5895844110 MEn ASSOC ADMIN ~ OCONNER THOMAS f~ 004 _~ ORDINANCE N0. 24 ' -94 Page 2 g. navelnoment., lot an!~ bulk Reoylations, Development of land in the PUD District shall be regulated as follows: 1) All buildings, structures and activities shall be developed in conformance with the conceptual development plan and all final site development plans shall be approved in accordance with provisions of this ordinance and of Sections 3-5.5, 4-4 and 4-5 of the Zoning Ordinance. Z) the 1 otdands bu ksregulationshaof the ooistrictsaidentif ed lin Section 2. A. of this ordinance for Phases I, 2 and 3 Business and Phases 1, 2 and 3 Residential, and in accordance with the bulk regulations of the POS Public Open Space District for City Park Land and Natural Preserve, as established in Section 3-5.4 of the Zoning Ordinance. 3) A maximum building height of 40 feet shall be allowed for the medical and commercial uses, except a maximum 30 feet height limit shall be required for Lot 1. C. Performance Standard The development and maintenance of uses in this PUD District shall be established in conformance with Section 3-5.5 of the 'Zoning Ordinance and the following standards: 1) Lighting shall be provided per City standards. 2) Landscaping shall 6e provided in compliance with Section 4-5 of the Zoning Ordinance and as stipulated in the conceptual development plan. 3) All utilities including telephone and cable television shall be installed underground. 4) Sidewalks shall be placed four (4) feet behind the curb parallel to the street on all public street frontages and connecting commercial, residential and institutional areas and constructed in accordance.with City standards. 5) To preserve topographical and natural .features and to provide visual interest, an alternative pedestrian system that provides safe and convenient circulation may be placed in accordance with the green ways, City park land, natural preserve and open space areas designated on the conceptual development plan and constructed in accordance with City standards away from the street system to link dwelling units with other dwelling units, streets and on-site activity centers such as parking and recreation areas_ 6) Final site development plans shall be submitted to the City Planner for approval prior to the issuance of building permits and/or related construction permits in accordance with Sections 3- 5r5 and 4-4 of the Zoning Ordinance, unless otherwise exempted. 7) Major final site development plans for Phases 1, 2 and 3 Business also shall be submitted to the Zoning Commission_ The Commission 10/91/06 17:00 FAS 56J5894110 MED ASSOC ADMIN -. OCONNER THOMAS I~1005 i ` - ~ ORDINANCE N0. 24 -94 ' Page 3 shall approve the site plans if they are determined to be in -- substantial conformance with the conceptual development plan. 7) Parking requirements shall be in accordance with Section 4-2 of the Zoning Ordinance. 8) Preliminary and final subdivision plats shall be submitted to the City Planner far approval in accordance with Chapter 42 (Subdivision Regulations) of the Code of Ordinances. 9) All streets shall be dedicated to the public. p. Open Soace and Recreational Area£ 1) Those-areas not designated on the conceptual development plan for development, and those areas designated on said plan as green way, shall be maintained as open space, as defiined by Section 8 of the Zoning Ordinance, by the property owner(s) and/or property or home owners' association. 2) Those areas-designated on the conceptual. development plan as City park land. and natural preserve shall be dedicated to the City of i)ubuque in accordance with Chapter 42 (Subdivision.Regulatfans) of- the Code of Ordinances. E. Sian Reaulations_, The sign regulations for the PUD District shall be in accordance with Section 4-3.11 of the Zoning Ordinance as follows: {~ 1) Phases i, 2 and 3 Business (Medical Office): ID Institutional District. 2} Phases 1, 2 and 3 Business (Office/Retail/Service): C-3 District. 3) Phases 1, 2 and 3 Residential, City Park Land and Natural Preserve: R-1 District. F. Additional Stapdards. 1) The conceptual development plan shall be valid for a period of ten (IO} years. The Zoning Commission may grant an extensia„ in accordance with Section 3-5.5 of the Zoning Ordinance. 2) No buildings may be erected and no uses may occupy any portion of the PUD District until the required related off-site improvements are constructed or appropriate security as determined by the City Manager is provided to insure construction. As the PUD .District is to 6e developed in phases, all improvements necessary for the proper operation and functioning of each phase, even though some improvements may be located outside of the phase under development or outside the PUD District, must be constructed and installed or appropriate security as determined by the City Manager must be provided to insure their construction. ' ;;,-~~ 3) AFcess to the Northwest Arterial for Phases 1, 2 and 3 Business ~;.i shall be approved by the City Council and limited to a full, signalized intersection at Chavenelle Road, provided a restricted emergency-only access approved by the Fire Marshal shall be provided to Donovan and Welu Drives. 10/91/05 17:_01 FA% 5695844110 • ' ORDINANLE N0. 24 -94 Page 4 MED ASSOC ADMIN + OCONNER THWtAS ~1OOe 6. Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include in the transfer or lease agreement a provision that the • purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. M. Reclassification of Subiect Property. The City of Dubuque, Iowa, may initiate zoning reclassification proceedings to the R-1 Single-Family Residential District in accordance with Section 6 of the Zoning Ordinance if the property owner(s) fail(s) to complete or maintain any of the conditions of this ordinance. I. Mad ificAtlnns, Any modifications of this ordinance must be approved by the Zoning Commission and/or City Council in accordance with Sections 3-5.5 and 6 of the Zoning Ordinance. ~. Rer_ordinq. A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County•Recorder as a permanent record of the conditions accepted as part of this reclassification approval within ten (10) days after the adoption of.this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take affect upon publication, as provided by law. Passed, approved and adopted this 16th day of ~M~ay~ ~- ~~ Terrance M. Duggay, i '1. ~-:' ATTEST: Mar~~Davis, City Clerk PL\MEDASSOC.ORD r ACCEPTANCE OF ORDINANCE NO. 24-94 I, Thomas Bishop, for Medical Associates Clinic, P.C., property owner, having read the terms and conditions of the foregoing Ordinance No. 24 - 94 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 16th day of May 1994. By ThamasBisi'iop, C 0 Medical As tes Clinic, P STATE OF IOWA ) COUNTY OF DUBUQUE ) C RT CATE OF CITY f ss: I, Mary A. Davis, do hereby certify that I am the duly appointed, qualified, and acting Clerk of the City of Dubuque in the County aforesaid, and as such Clerk I have in my possession or have access to the records of the proceedings ofi the City Council. I do further state that the hereto attached Ordinance No_ 24-94 is a correct copy of the original Ordinance Nn_ 24-94 approved and adopted by the City Council of the City of Oubuque, Iowa, at a session held by said Council on the 16th day of May, 1994. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque. Dated at Dubuque, Towa this 19th day of October, 1994. (SEAL) Mar, A. Davis, CMC Clerk for tH'e City of Dubuque, Iowa SETTLEMENT AND STIPULATION THIS SETTLEMENT AND STIPULATION is made and entered into by and between Alter Trading Corporation, an Iowa Corporation ("Alter") and the City of Dubuque, Iowa (the "City"). WHEREAS, the City has given written notice to Alter of its intent to suspend Alter's operator's license under City Code § 29-23(a) for a period of thirty days; and WHEREAS, Alter has appealed the matter to the City Council for its review; and WHEREAS, the City has initiated litigation against Alter in the Iowa Associate Court in and for Dubuque County, for five separate civil zoning citations in Case Nos. CICV 39370, CICV 39371, CICV 39372, CICV 39373 and CICV 39374 (the "Citation Cases"); and WHEREAS, the parties hereto have elected to settle and compromise their disputes as set forth herein; and WHEREAS, in anticipation of this settlement, Alter and City aze prepared to enter into a stipulation specifically setting forth the intentions, undertaking and remedies of the parties. NOW, THEREFORE, for good and adequate consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: Relocation. Alter shall use its best efforts to relocate its recycling facilities as soon as commercially reasonable to a location within the City or surrounding area :which is arr.~r.:ately caned for the conduct of its business. 2. Scrap Pile Heip. i<. Alter shall regulazly monitor the height of the scrap pile from the observation points shown on Exhibit "A" (the "Observation Points"). The field of view shall be from the perspective of a person who is 5'7" tall from the Observation Points. No scrap shall be visible above the fence line as viewed from the Observation Points. EXHIBIT 3. Fence Reoairs. Alter agrees to regulazly inspect and repair (or replace) any damaged fence panels deemed by the City to be in need of repair (or replacement) with such corrective activity completed within 24 hours of receiving notice from the City. 4. Breach of Covenant. In the event of a breach of any of Alter's covenants under pazagraphs 2 or 3 above, Alter agrees to stipulate to a thirty day suspension of its operator's license unless the City Manager determines that a lesser suspension (or no suspension) is aYr.,,r.:ate, in his sole discretion. Alter acknowledges that this stipulation is in the nature of a contract and therefore waives its right to appeal the City's decision by writ of certiorari or similaz appeal process. City's Rjght to Amend. Alter acknowledges that nothing in this Settlement and Stipulation prevents the City from further amending its ordinances with reference to any matter addressed herein. 6. Payment of Fines and Court Costs. Alter agrees to pay all fines associated with the Citation Cases, to submit to a fording of the Court and to pay all court costs associated therewith. 7. Notice. Notices to Alter of any violations under this Agreement may be delivered personally or faxed to the attention of the Yazd Manager at (319) 583-1543. IN WITNESS WHEREOF, the parties hereto voluntarily and intending to be bound thereby, do execute this Settlement and Stipulation this day of November, 1998. CITY OF DUBUQUE, IOWA ALTER TRADING CORPORATION Alter Property 180 Harrison Street 10/19/98/km Observation Points CITY OF DUBUQUE, IOWA MEMORANDUM TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Alter Trading Corporation, 180 Harrison Street -Suspension of Salvage License On August 13, 1998, I suspended the salvage license of Alter Trading Corporation, 180 Harrison Street, for thirty days as a result of repeated violations of the City Code that requires that the screening of junk and salvage yards obscure the materials from view and be maintained in good repair. Alter's code violations date back to November, 1986, and were documented in the information packet sent to the City Council in September, 1998. Since this is an existing facility, the City does not enforce the ordinance requiring that materials be screened from view from elevated areas such as the Julien Dubuque Bridge, Cleveland Park, or St. Dominic's Villa. However, Alter Scrap repeatedly allows the material to be stored above the fence making the material visible from Locust and Dodge. Alter Trading Corporation appealed the suspension of their license, and a public hearing was set for October 5, 1998. The City Council tabled this hearing, at the request of Alter Trading, to November 2, 1998, pending resolution of the suspension through an agreement with the City. Assistant City Attorney Tim O'Brien has attempted to negotiate a settlement with Alter Trading Corporation that contains the terms agreed to at a meeting I had with Alter's legal counsel, Curtis Beason, and another representative of Alter Scrap, Brent Siegerst, on Monday, September 28, 1998. To date, we have not reached an agreement with Alter. The attached letter to Alter describes this point of disagreement and indicates that the matter will be presented to the City Council. I respectfully request that a hearing be held on November 2, 1998, and that the City Council uphold the thirty day suspension of Alter's license. Michael C. Van Milligen MCVM/j Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Laura Carstens, Planning Services Manager Tim O'Brien, Assistant City Attorney THE CITY OF DUBUQUE Showing the Spirit October 23, 1998 Curt Beason G00 Norwest Bank Building llavcnpos,IA 52801-1987 RE: Alter Trading Cttmpaay Dnr Cute: ( have ceviewed your proposed Settktneat }Ad 5tipul;•tion wilt the City Manager. Except for same minor cocrecdons, there u only one problom with rke agceetaent. The language of paragnph 2 is unacceptable in it's present t`otm. Tlip'City Mtttagec is insistent that in the event of a future violaton of the visibility standards the licen~pssy be euspendtd for thirty {30) days without notice of nc~ violation and without Alter having atgo~tpoztunity to remedy the violation within the business day. The manager believes that this is wltaisvas agmed to at our meeting and was the basis for seeking a delay m the appeal to the Cit}?CouncH: I belitn~e this intent could be obtaiaed by d'e$sting the last two aentencrs of your pazagriph 3. In the same vein, paragraph 4 should be ehdnged tp`>tttbstitute Ciry• Manager Ear Ciry Council. 1 E t}tis can be worked out on the 6w's atttl{ited above, please kt me kno\~•. If not, the Ciry b[anaget has indicated he will advise the Council thlit',sto a~:.....ant could be reached and will put the matter un the agenda once again. I look k..,,, ;~zto henattg from you. cty Managda o6ue 5011kst 13th Slicer Dubuque, Iowa5?A014864 Fhtme (319) 5894110 FAX (319) 5894149 Robert Goldstein, President Alter Trading Corporation 2117 State Street Bettendorf,lA 52722-5097 Tbct~i'r7ov~ /~ L lJ IJ~ vi : d'~. August 13, 1998 RE: Alter Trading Corporation, 180 Harrison Street, Dubuque, Iowa Dear Mr. Goldstein: As I indicated to you in my letter of October 15, 1997, any future citations for violations at the salvage yard operated by Alter Trading Corporation at, 180 Harrison Street in Dubuque would result in the suspension of ARer's salvage license under City Code Section 29-23(a1. I have been advised that Alter Trading Corporation has been cited for additional violations of City Code Section 29-6 at this location on August 6, 7, 8, 10 and 1 1, 1998. Pursuant to the authority granted to the City Manager under City Code Section 29- 23(a1, the salvage license of Alter Trading Corporation is hereby suspended for a period of thirty (301 days. Aker Trading Corporation may appeal this suspension to the City Council. The effective date of the suspension is postponed for a period of ten (101 days from today's date to allow for the filing of such an appeal. If such an appeal is filed, the effective date of the suspension will be furthered delayed pending action on the appeal by the City Council. Sincerely, q (/' I~"u'~) Michael C. Van Milligen City Manager cc Barry Lindahl, Corporation Counsel James O'Brien, Assistant City Attorney Laura Carstens, Planning Services Manager Mary Davis, City Clerk Susan Brennan, Zoning Enforcement Officer Mike Rettenmeier, Crime Prevention Officer Alter Trading Corporation, 180 Harrison Street, Dubuque, IA 52001 MCVM/dd Service People Integrity Responsibility Innovation T..,.. ., r ~~~ _, DUB E Planning Services Department City Hall 50 West 13th Stmet Dubuque, Iowa 52001-4864 (563) 589-4210 office (563) 589.4721 fax planning®cityofdubuque.org ~~Y"~` August 28, 2001 Dawn O'Meara Operations Superintendent Alter Scrap Processing 180 Harrison Street Dubuque, IA 52003 SUBJECT: Scrap Yard Dear Ms. O'Meara: This letter is a follow-up to our meeting on August 23, 2001. At that time, we briefly discussed the history of the salvage yard and past violations of the City Code. You agreed to repair certain fence panels fronting Salina Street, and will continue to inspect the entire fence (e.g., facing Selco's property) for damage and maintenance purposes. I trust that all of the holes will be patched and repairs will be completed by September 4, 2001. If the City construction project concerning Salina Street interferes with or impedes the fence repair work, please let me know. Enclosed for your information and review is a copy of a Settlement and Stipulation between the City and Alter Scrap Trading Corporation signed on November 16, 1998. It is my understanding the agreement is currently in effect. In the event that the promises made in Paragraph 2 or 3 by Alter are not performed, the City will act to suspend Alter's salvage license, unless the City Manager determines otherwise. When we met, the scrap pile was not visible above the fence line. The salvage yard and surrounding area were well maintained except for a few fence panels in need of repair. If you have any questions with respect to this matter, please call me. Sincerely, ~/ Susan Brennan Zoning Enforcement Enclosure Service People Integrity Responsibility Irvwvation Teamwork Alter Scrap Processing August 29, 2001 Susan Brennan Zoning Enforcement City Hall 50 West 13th St. Dubuque, Iowa 52001-4864 Dear Ms. Brennan: Thank you for your follow up letter, and the copy of the agreement between the city ..and Alter Company. The fence repairs were completed on August 23, 2001. We will continue to daily monitor the fence and the surrounding azea. I have visited with. our neighbors at Selco, Crescent Electric, Portzens, and Wenzel towing to maintain`the friendly relationships that we know enjoy. As we discussed during your visit, we do not intend to let our scrap piles reach the „top of the fence. It is much easier to work in a clean and safe environment. We have a visit scheduled with Mr. VanMilligan on September 6, 2001 at 10:00 am to review any areas or questions that the city or Alter may have. I look forward to meeting with the city personnel on that day and to the knowledge that they may provide. Thanks again for taking the time to keep me informed and I hope we can continue to do our part in keeping Dubuque looking beautiful. Sincerely, Dawne O'Meara Operations Supervisor REPORTED VIOLATIONS April 26, 2006 Ms. Jeanne Schneider Dubuque City Clerk City Hall 50 W. 13th Street Dubuque IA 52001 Please find attached protest letters signed by a majority of the owners of property within 200 feet of 190 North Crescent Ridge, Dubuque. The protests are in opposition to the rezoning request filed by Alter Scrap Processing/Tschiggfrie Excavating Company to change the zoning from CS Commercial Service and Wholesale, C-3 General Commercial and AG Agricultural District to PI Planned Industrial District. Also attached are petitions from neighboring property owners and tenants, protesting the rezoning request. On February 27, 2006, we previously submitted to the Ci[y Clerk the originals plus three sets of these documents in response to Alter's previous application (a copy of our February 271etter is attached). We ask that these be transferred to the City's file for Alter's current application. Please distribute copies of these to the Zoning Advisory Commission, the City Council, and the City Manager. Please contact the undersigned if you have any questions. Thank you. Very truly yours, O'CONNOR~& THOMAS, P.C. O'CONNOR 6z THOMAS, P.C. Ms. Jeanne Schneider Dubuque City Clerk Apri126, 2006 Page 2 Stephen C. Krumpe cc: Jeffrey L. Gonner, CFO Encs Proposed Junkyard In December 2005, this identical project was considered by this Commission. The outcome was the correct one. You voted NO. The changes to the plan are inteded only to discount the importance of neighborhood opposition. More flaws are visible now than in December. COLOR PICTURE COLOR PICTURE COLOR PICTURE Dubuque scheduled stop for special train TH TRI-STATE City files charge again railroad Duggan will take a cue from his prodecessor, Jim Brady TELEGRAPH HERALD MONDAY, JANUARY 2, 2006 TELEGRAPH HERALD Blasting dirties wells Residents want someone to take responsibility for contaminated water Wells: Neighbors comlained to Environmental Protection Agency ALTER Established 1898 November 1, 2005 Dear Neighbors: Thank you for taking the time to speak with me regarding Alter Trading Company's proposed development of the land to the west of your property. It is my understanding from our conversation that you have concems about continued excavation of the hillside on the east end of the property. Alter has no plans to further excavate this portion of the property. The southern and eastern portion of the Y,.,r:..:y will not be developed as this area is designated as a flood plain area. Alter plans to operate on the west half of the property. Should Alter be required to excavate the hiilside in ~rdea to c..;nply will: stag, federal, or l:;c~l '~ :v~ or due to unforeseen circumstances, Alter will take all reasonable steps to notify and consult with our neighbors regazding the excavation. You have also inquired about fencing around the property. As a metal recycler, Alter is required to comply with strict fencing and screening provisions contained in the Dubuque City Code. These provisions require that Alter place fences and/or screening material azound the property so that its operations are not visible to adjoining property owners and that its screening plan be approved by the City. As part of its compliance with these provisions, Alter will place a fence or other screening material along the property line. You have also requested that Alter remove brush from the bottom of the property. Alter will remove this brush as part of our development of the property. Thank you again for your support of our project. Alter is committed to being a good neighbor. If you have any further question or concerns regarding the development or Alter Trading Company, please do not hesitate to contact me. Sincerely, ~ Dawne O'Meara General Manager ~~",' R®cyclad Papar Environmental Compliance Program . Environmental Management Policy . Environmental Team . Environmental Program Environmenta Po icy The Alter Trading Corporation (Alter) is committed to operating its recycling facilities in an environmentally responsible manner. In keeping with this commitment, it is Alter's policy to: establish and maintain an environmental management system (EMS) for all of its recycling facilities; ensure that its EMS remains appropriate for the environmental issues associated with its facilities; encourage environmental awareness on the part of its personnel through ongoing employee training; monitor regulatory compliance status at each recycling facility, and take action as necessary to ensure that compliance is maintained; establish reasonable, achievable, and economically viable objectives and targets for environmental performance as part of its business planning process; prevent or minimize environmental pollution attributable to its operations through the use of Best Management Practices, and seek to continually improve its environmental practices. This policy shall be periodically evaluated for its suitability, appropriateness and shall be communicated to all personnel. It shall be made available to interested parties in response to specific requests for information, or as may otherwise be directed by management. Environmental Organization Alter Trading Company Robert Goldstein Chairman & CEO Rex Wood VP Environmental, Safety & Human Resources Robert Rosencrants VP Operations Galen Crozier Environmental Management Rep. ISO 9002 Management Rep. Gus Jackson Dir. Safety & Environmental Mgmt. Dawn O'Meara Plant Manager Environmental Coordinator CPI Environmental Services, Inc. Environmental Management Program OBJECTIVE: To conduct operations in accordance with Alter's Environmental Policy METHOD: Environmental Compliance Mgt. EMS Training SREA (Superfund Recycling Equity Act) Third Party facility and program audits (EMS & SREA) Environmental Compliance Management Source Control Program Used Oil Management Oil Pollution Prevention Stormwater Management Air Emission Source Control Source Control Program . Minimize potential environmental impact by not accepting hazardous materials or waste. . Obtain supplier certification that recyclable materials provided to Alter are free of hazardous materials or waste. . Protect health and safety of Alter personnel . Employees trained on identifying unauthorized materials and procedures to be taken if discovered. Radiation Detection USED OIL MANAGEMENT OBJECTIVE . To manage used oil in accordance with state and federal standards to assure it is handled in a responsible, envi ron menta I ly sound manner from the time of generation until recycled for reuse. METHODS: ^ Compliance with state and federal used oil generator programs ^ Secondary containment at used oil collection areas ^ EPA used oil transporters to marketer for recycling OIL POLLUTION PREVENTION OBJECTIVE: METHODS: • To manage oil in a Compliance with federal oil manner to minimize pollution prevention the potentia I for programs releases to land and Secondary containment at water oil storage areas • Spill Prevention Control and Countermeasure Plans • Spill Response Plans Stormwater Management OBJETIVE ^ To minimize exposure of stormwater to significant materials and to minimize the discharge of potential pollutants to the waters of the state. METHODS: • Full compliance w/state NPDES programs Stormwater Pollution Prevention Plans Implementation of Best Management Practices • Structure Controls AIR EMISSIONS Obiective: • To minimize the potential for air releases and to properly manage MVACs and CFC containing appliances Methods: • Compliance with State and Federal air pollution programs • Strict adherence to inbound source control program • Conduct appliance de- manufacturing and onsite CFC recovery 1 Environmental Management System EMS (Simple Definition) PLAN State intentions, how we will achieve plan DO Do what we say we will do CHECK Compare actual to planned performance ACT Make systematic corrections and improvements Environmental Management System Designed to Mirror ISO 14001 Requirements ENVIRONMENTAL POLICY PLANNING Enviornmental Aspects Legal Requirements Objective and Targets Environmental Management Schedule IMPLEMENTATION AND OPERATION Structure and Responsibility Training, Awareness, and Competence Communication Enviornmental Mgt System Documentation Document Control Operational Control Emergency Preparedness and Response CHECKING AND CORRECTIVE ACTION Monitoring and Measurement Nonconformance Reporting Corrective and Precention Action Hecords Environmental Management System Audit MANAGMENT REVIEW Employee Training Each facility manager is the environmental coordinator Each facility manager trained in our environmental policy, plans and procedures All Alter personnel trained in compliance awareness. used old managment oil pollution prevention stormwater management air emissions SREA . Protection from Superfund liability for past and future transactions. • Alter ensures protection by: • Operating facilities in compliance with Federal, State and Local environmental regulations. • Implementing an Inbound Source Control Program. • Establishing an Environmental practices to minimize potential environmental impacts. . Monitoring scrap-consuming customers for compliance. . Possessing a financially sound company for more than than ABOUT CPI Multi-disciplinary consulting firm established in 1988 offering interrelated services in the fields of: ^ Hydrogeology ^ Environmental Investigation & Remediation ^ Regulatory Compliance ^ Mining & Mineral ^ Water Supply ABOUT CPI (cont.) Areas of expertise include: ^ Environmental Permitting ^ Site Assessment, Investigation & Remediation ^ Environmental Management Systems ^ Compliance Auditing ^ Contaminant Hydrogeology ^ Pollution Prevention & Waste Minimization ABOUT CPI (cont.) Scrap Metal Recycling Credentials: Experience at more than 180 metal recycling facilities nationwide providing the following services: Assessment Remediation Investigation Pollution Prevention Property Transactions Agency Negotiations Soil Management Plans Compliance Audits Design & Construction of Environmental SWPP & SPCC Plans Controls Permitting Environmental Management Systems Established business relationship with Alter in 1994 Alter Trading Corporation Sound and Noise Overview An Overview of How Noise and Sound Is Measured and Understood htto://www. nohsc. aov. au/O HS I nformation/OHSSolutio ns/noise/NOIS ECONT. HTM The reason Alter Scrap is relatively quiet is that the noise generated i, primarily low tones from a number of source, at different frequencies Noise It is customary to call any undesirable sound "noise." The disturbing effects of noise depend both on the intensity and the frequency of the tones. For example, hieherfreauencies are more disturbine than low ones. Pure tones are more disturbinc than a sound made un of manv tones. sound level dB You can think ofthe difference as a piercing opera voice vs. a dou- 80 - wop harmony. sa 40 20 0 Figure 5. Noise is disorderly mixture Mtanes at many frequencies. Infrasound and ultrasound Sound with frequencies below 201-Hz is called infrasound, and sound with more than 20,000Hz is called ultrasound. There is some evidence that these sounds which cannot be heard can under certain conditions be hazardous to workers' health. This book deals only 2 63 125 254 500 1440 20D0 4000 8000 H2 frequency with noise which can be heard. Figure 6 At the same intensity, the noise from a truck is less disturbing than the sound of air blowing or suction because it is at a lower frequency. Decibel (dB) Sound levels are measured in units of decibels (dB). If sound is intensified by 10 dB, it seems to the ears approximately as if the sound intensity has doubled. A reduction by 10 dB makes it seem as if the intensity has been reduced by half. Noise level measurement In, measuring sound levels, instruments are used which resemble the human ear in sensitivity to noise composed of varying frequencies. The instruments measure the "A- weighted sound level" in units called dB(A). Workplace noise measurements indicate the combined sound levels of tool noise from a number of sources (machinery and materials handling) and background noise (from ventilation systems, cooling compressors, circulation pumps, etc.). The range of Alter Scrap Noisc Ieasurements by iberty ~surancc ,, \~ p 14 24 JO 40 50 64~ 7C Ixess 1 ~fy ~, lw r' 34 90 I t be 110 120130 140 I fSC 1 Fr(} t 7fl 181i4 19~ II ~..... ~ ( ( ~ 1 ~ ~ I ( f sound) ~ ~` I~3~ StniBt bedrOOm !•,. Cear88 ~1~~ ~`^-. Rl the Y~Irllly weakest sound q~sulated J ~ a i~ Wye takatg oft we can hear kuxrde ~ ^ ^ i,~ v hi~test wind ,.,.--.~,,~ level that z__ _ ,. ~ can occix r ~ i -~ ~l, ~ ~--- Fgiure 7. r ~ cook l.~c..:: 4., moor 50 kw ti_~ri. Y' ~v~e~ 'y 4 normal conv~satim+ manual meCh~e Alter Equipment in Question In order to accurately identify all workplace noise problems, the noise from each source should also be measured senarately. Measureme nts at various Fuchs Crane = 68.SdBA Car crusher (Baler = 78.5 df3A nurr~er of tl8{A) decibels ~ fo add to higher of tvdo levels 2) ~) 0I 0 t 2 3 d g ~pdg{A} tlitterence between huolevels production rates may be useful in considering possible control measures. A number of manuals for noise measurements are commercially available. Adding noise levels Decibel levels for tvvo or more sounds cannot simply be added. Figure 8 shows how the combined effect of two sounds depends on the difference in their levels. Two or more sounds of the same level combine to make a higher noise level. Figure 8. A fan produces a sound level of 50 dB(A). Another fan produces 56 dB(A). 'Phe difference is 6 dB(A), and according to the diagram, 1 dI3(A) will be added to the highest level. Operating tagether, the fans will result in a level of 57 dB(A). Octave band It is common practice to divide the range of frequencies we can hear into eight octave bands. The sound level is then listed for each octave band. The top frequency in an octave band is always twice the bottom one. The octave band may be referred to by a center frequency. For example, SOOHz is the center frequency for the octave band 354-708Hz. Sound transmission The word "sound" usually means sound waves traveling in air. However, sound waves also travel in solids and liquids. These sound waves may be transmitted to air to make sound we can hear. Resonance Each object or volume of air will "resonate," or strengthen a sound, at one or more particular frequencies. The frequency depends on the size and construction of the object or air volume. Sound reduction by distance Sound spreading in open air and measured at a certain distance from the source is reduced by about G dB for each doubling of that distance. Sound is reduced less when spreading inside a room. (See Fi¢ure 9.) Sound transmission / The greater loss (TIL) ~'-""~-~,,,, ~ the distance When a wall is struck by the quieter sound. only a small the sound portiun of the sound is transmitted through the tivall, while most of it is rctlected. The wall's ~ g tlB $4 d8 713 d8 ability to block transmission is indicated sound 9 3 4 by its transmission loss ~'~ dist~cek~rrx3tws (TL) rating, measured in decibels. The TL of a wall does not vary regardless of how it is used. [~ inure 9. If a small sound source produces a sound level of 90 dB at a distance of 1 meter. the sound level at a 2 meter distance is 84 dB. at 4 meters 78dB. etc. Noise reduction (NR) Noise reduction is the number of decibels of sound reduction actually achieved by a particular enclosure or barrier. This can be measured by comparing the noise level before and after installing an enclosure over a noise source. NR and TL are not necessarily the same. ~ ~,Ir ~y ~~~~~ '~~ ~'; j a f8t18Cti~1 1r:: a.r~,,, .,.., i. , trallSmlSSlOT1 A good example of how Alter's BUIIdInaS, rock wall and other areas will reflect, dissipate and absorb sound. 6 Sound absorption Sound is absorbed when it strikes a porous material. Commercial sound-absorbing materials usually absorb 70 percent or more of the sound that strikes them. Ficure 10. Part of the sound that strikes a wall is reflected, part is absorbed, and part is transmitted. The transmission loss (TL) of the wall is determined by the portion of the noise which is not transmitted through the wall. Sound Reduction by Distance Calculations for Sample Distances From Proposed Site Car Crusher /Baler Noise Level = 78.5 dBA Outside Crane Noise Level = 68.5 dBA Note: (Sound Level reduces 6 dBA per doubled distance.) Sound level at Meters each measured From distance from Equivalent feet Sound sound from sound Car Crusher /Baler Noise Level 1 78.5 3.28 2 72.5 6.56 4 66.5 13.12 8 60.5 26.24 16 54.5 52.48 32 48.5 104.96 64 42.5 209.92 128 36.5 419.84 256 30.5 839.68 512 24.5 1679.36 The approximate distance to Medical Associates business. 1024 18.5 3358.72 2048 12.5 6717.44 4096 6.5 13434.88 8192 0.5 26869.76 Meters From Sound 1 2 4 8 16 32 64 128 256 512 Note: (Sound Level reduces 6 dBA per doubled distance.) Sound level at each measured distance from sound Leaf Blower Noise Lerel 110 104 98 92 86 80 74 68 62 56 Equivalent feet from sound 3.28 6.56 13.12 26.24 52.48 104.96 209.92 419.84 839.68 1679.36 1024 50 3358.72 2048 44 6717.44 4096 38 13434.88 8192 32 26869.76 7 Points of Reference Measured in dBA or decibels • 0 The softest sound a person can hear with normal hearing • 10 normal breathing • 20 whispering at 5 feet • 30 soft whisper • 50 rainfall • 60 normal conversation • 110 shouting in ear • 120 thunder Home Work Recreation • 50 refrigerator 40 quiet office, 40 quiet residential • 50 - 60 electric library area toothbrush SO large office 70 freeway traffic • 50 - 75 washing 65 - 95 power lawn 85 heavy traffic, machine mower noisy restaurant • 50 - 75 air 80 manual machine, 90 truck, shouted conditioner tools conversation • 50 - 80 electric 85 handsaw 95 - 110 motorcycle shaver 90 tractor 100 snowmobile • 55 coffee percolator 90 - 115 subway 100 school dance, • 55 - 70 dishwasher 95 electric drill boom box • 60 sewing machine 100 factory 110 disco • 60 - 85 vacuum machinery 1l0 busy video cleaner 100 woodworking arcade • 60 - 95 hair dryer class 110 symphony • 65 - 80 alarm clock 105 snow blower concert • 70 TV audio 110 power saw 110 car horn • 70 - 80 coffee 1101eaf blower 110 -120 rock grinder 120 chain saw, concert • 70 - 95 garbage hammer on nail 112 personal cassette disposal 120 pneumatic drills, player on high • 75 - 85 flush toilet heavy machine 117 football game • 80 pop-up toaster 120 jet plane (at (stadium) • 80 doorbell ramp) ] 20 band concert • 80 ringing telephone 120 ambulance siren 125 auto stereo • 80 whistling kettle 125 chain saw (factory installed) • 80 - 90 food mixer 130 jackhammer, l30 stock car races or processor power drill 143 bicycle horn • 80 - 90 blender 130 air raid 150 firecracker • 80 - 95 garbage 130 percussion 156 capgun disposal section at symphony 157 balloon pop 8 • 110 baby crying • 110 squeaky toy held close to the ear 135 noisy squeeze toys • 140 airplane taking off 150 jet engine taking off • 150 artillery fire at 500 feet 180 rocket launching from pad • 162 fireworks (at 3 feet) • 163 rifle • 166 handgun • 170 shotgun OSHA's Noise Limits For Safe Working OSHA has developed safety guidelines indicating the time a worker can be exposed to various levels of sound. To avoid noise-induced hearing loss, OSHA recommends that hearing protection be worn in the workplace when loudness levels and exposure times exceed the allowable standards (85dBA). Hearing protection will allow you to hear and understand everything, including voices and warning signals, but at a reduced level. s 7 ~ , isale Stand Laval ~~ s- 4 s- z t a- MJ dU.~. Iw+. ~~ di3 t t~;, a,~a u,~ drh r.; ,utn ~ ~ „m<x 90 82 S5 87 IDO ~S 108 ittl nb ~ • 90 dBA 8 hours • 92 dBA 6 hours • 95 dBA 4 hours • 97 dBA 3 hours • 100 dBA 2 hours • 102 dBA 1 1/2 hours • 105 dBA 1 hour • 110 dBA 1/2 hour • 115 dBA 1/4 hour "rahta i Sauna ic}cis nmaaurcd in i~a}^~iasS cr-'.~cntaer ctas:,es in tier s:ann¢simr._ Site ?.SC t.,t FK.itl.tf5~o4~80D 5-:. ,. u.. ,. ,. ,., .r, ~ .. i c::.:: ~.: r.r ..s;~ ........ u..- .,.r< Safe Sound Level Time Allowed per Day ati,t dac i% - ~ta ~K _~ ~s i+m a,• ~~ a ~; _. l All Liberty Mutual noise / sound monitoring results outside of the .41ter Dubuque facility are below OSHA reyuired levels for hearing All Liberty Mutual noise l sound monitoring results outside of the Alter Dubuque facility were yuieter than a school physical education class. 9 EPA Studies LEVELS OF ENVIRONMENTAL NOISE IN THE U.S. AND TYPICAL EXPOSURE PATTERNS OF INDIVIDUALS Levels of environmental noise for various defined areas are provided for both the outdoor and indoor situation. Examples are then used to illustrate how an individual's daily dose accumulates from the exposure to such noise levels. LEVELS OF ENVIRONMENTAL NOISE Outdoor Sound Levels The range of day-night sound levels (I,d„) in the United States is very large, extending from the region of 20-30 dB estimated fox a ouiet* wilderness area to the region of 80-90 dB in the most noisv urban areas. and to still higher values within the property boundaries of some governmental, industrial and commercial areas which are not accessible to the general public. The measured ranee of values of day-night sound levels outside dwelline; units extends from 44 dB on a farm to 88.8 dB outside an anartmenflocated adiacent to a freeway. Some examples of these data are summarized in Figure B-1. The dominant sources for outdoor noise in urban residential areas are motor vehicles, aircraft and voices. This conclusion has been found in several studies, including a recent survey u-i of 1200 people which is summarized in Table B-1. The cumulative number of people estimated to reside in areas where the day-night sound level exceeds various values is given in Table B-2. In the areas where the Ld„ exceeds 60 dB, the proportion between the number of people residing in areas where the outdoor noise environment is dominated by aircraft and those residing in areas where motor vehicles dominate is approximately one to four. This proportion is almost identical to the proportion found in the survey, previously summarized in Table B-1 where people were asked to judge the principle contributing sources of neighborhood noise. The estimates in Table B-2 of the *Measurement approximately 25 feet from a mountain waterfall on a small canyon stream in Wyoming gave an L.d„ of approximately 85 dB.R-z 10 Table B-1 PERCENT CONTRIBUTION OF EACH SGURCE IDENTIFIED BY RESPONDENTS CLASSIFYING THEIR NEIGHBORHOOD AS NOISY (72% OF 1200 RESPONDENTSI __ _. ', Source ;Percentage Motor Vehicles 55 Aircraft 15 __ _ 'Voices _ . 12 Radio and TV Sets 2 __ !Home Maintenance Equipment':, __. 2 Construction _. 1 Industrial 1 ,Other Noises 6 __ ',Not Ascertained _. A-Z Health Guide from WebMD Health Tonics ~ Svmotoms ~ Medical Tests ~ Medications ~ Wellness ~ Suooort Organizations ~'~1fTVIHSB' Harmful noise levels The effects of noise on hearing vary among people; some people's ears are more sensitive to loud sounds, especially at certain frequencies. The frequency of a sound determines how low or high a sound. However, any sound that is loud enough and lasts long enough can damage hearing and lead to hearine loss. A sound's loudness is measured in decibels (dB). Normal conversation is about 60 dB, a lawn mower is about 90 dB, and a loud rock concert is about 120 dB. In general, sounds above 85 are harmful, depending on how long and how often you are exposed to them and whether you wear hearing protection, such as ear plugs or earmuffs. Following is a table of the decibel level of a number of sounds. '-Noise Average decibels (dB) Leaves rustling, soft music, whisper 30 Average home noise 40 11 Noise Normal conversation, background music Office noise, inside car at 60 mph Vacuum cleaner, average radio ', Heavy traffic, window air conditioner, noisy restaurant, power lawn mower l Subway, shouted conversation -Boom box, ATV, motorcycle '! School dance ~- Chainsaw, leaf blower, snowmobile ~~~ Sports crowd, rock concert, loud symphony '~ Stock car races Gun shot, siren at 100 feet Average decibels (dB) 60 70 75 80-89 (sounds above 85 dB are harmful) 90-95 96-100 101-105 106-115 120-129 130 140 ~ 12 May-Ofi-O6 04:4ipm From- E. Msrelmll'r6omR*, 1907-1969 nrroxrters~ruw mdro+~o May 9, 2006 VIA RACSYMILE - 589.OS90 The Honorable Mayor and City Council oFDubuque c/o Ms. Jeanne Schneider Dubuque City Clerk 50 West 13`" Street Dubuque IA 52001 T-330 P.002/002 F-363 Frrncix 1.0'Comor, t91tr1990 RE: May 15, 2006 Ciry Council Meeting re: Medical Associates Clinic, P.C. and Medical Associates Realty, LP Opposition to Alter Scrap/Tschiggfrie Request for Rezoning of 190 N. Crescent Ridge trom CS Commercial Services and Wholesale District and C-3 General Commercial and AG Agricultural District to PI Planned Industrial District To the Honorable Mayor and City Council of Dubuque: At the public hearing to be held at the Counci] meeting on Monday, May 15, the undersigned will appear on behalf of Medical Associates Clinic and Medical Associates Realty in opposition to the proposed re-zoning the property at 190 North Crescent Ridge. Because of the complexity of the issues involved, I respectful]y request to be given 15 minutes to speak. Thank you. Very truly yours, O'CONNOR & THOMAS. P.C. i.. ,,. ~ Stephen C. Krumpe SCK/drm Savhm C. ICeumpa ~ aze 232 ~ akrumpe(i~ocdwnra+~'•~ Dabuq"~ Building ~ 700 Ln<uxt Strort, Sul[e 200 ~ P.O.13oX 599 ~ ttahuyu", Iowa 52009.0599 ~ Phew Sfi3.55'l.8900 i Fax 563.356.1x67 JaWC.O'CoNrvox CnROC.l.errcn" J~~&QOODM,W~Jn.• KaRwIL.Lxorl9i Gllnlsro"rixRC.Fxr BReNDnN T. QOMIN RIQMM K. Wl4T'(5 Pwu W `'• QJRTtss *} 1'°TM~` P ~ Wuouwwv,H "rNOMn~x 3. CauN OF WUN9E~ A. Jf»W ARxNt f$ SnarmN C.I4wMra't 1- 9iawnn'm f 1 AU am,vwy. acr,w.d fn Iw~w ~ " Aho lin,n~wl M IWnoB f Aho Ikuued ^' Wiigandn ~ S• A4a Uunsed in Mh,nwnm i C"roFad in Cadf Trial A,luouky by NaWmal Bond a(Trial Artvarary 5001 North Brady Street Davenport, Iowa 52806 Phone (563) 388-6655 Fax (563) 388-6660 ' Mayor Roy D. Buol and City Council do Dubuque City Clerk 50 W. 13th Street Dubuque, Iowa 52001 Re: Alter Trading Request to Rezone 190 N. Crescent Ridge Dear Mayor and Council Member. I understand that Alter Trading .y is seeking to relocate to North Crescent Ridge in Dubuque where it would be a neighbor to the Dubuque Humane Society. To help you evaluate theirrelocation, I thought you would like to know that Alter Trading has been a good friead to the Humane Society of Scott County in the past. As you may know, our forma location was along the Mississippi River in Davenport and prone to flooding. During one of the major floods, approximately 10 years ago, Alta Trading Company made one of their buildings available to us free of charge for the duration of the flood which was .-,.r.,,..imately one month. They allowed us to move our Mire operations, including offices, personnel and animals, to their building and they even cleaned it up for us prior to our arrival. We greatly ,~.,...,,:ated Uteir kindness and support of our mission. They did this without seeking publicity or anything in return for their generosity. I should also note that our forma location was only a few blocks from an Alter Trading scrap yard. While they were not our direct neighbor, they seemed to run a clean :on and did not cause any problem for us. Based on their generosity to us in the past, I believe Alter Trading would be a good neighbor. If you have any questions, feel free to give me a call. Very tnrly yours, HUMANE SOCIETY OF SCOTT COUNTY By : Pam Arndt, Executive Director Somebody here needs you! Member: American Humane Association, Humane Society of the Unitetl States, antl Iowa State Fetleration of Humane Societies MEDICAL ASSOCIATES May 11, 2006 Honorable Mayor Roy Buol City Hall 50 W. 13th Street Dubuque, IA 52001 RE: Follow up to phone call with John Tallent Dear Mayor Buol: Enclosed is a CD containing the following information for your review: 1. The PowerPoint presentation shown at the Zoning Advisory Committee 2. Pictures from various locations: 001 View from the Clinic 005 View from the Clinic 011 View from the Clinic 012 View from Oak Park Place Independent Building 017 View from Oak Park Place Condo 020 View from Southeast Residential Property 021 View from Southeast Residential Property 025 View from Southeast Residential Property 026 View from Southeast Residential Property 032 Illustrates 10 foot high pole used in prior pictures 034 Illustrates 10 foot high pole used in prior pictures 035 Illustrates 10 foot high pole used in prior pictures 0255 Where the property drains -Catfish Creek 3. February 27, 2006 filing with the City Clerk 4. May 3, 20061etter to the Zoning Advisory Committee I have provided a printout of Item # 1 in case you did not have access to PowerPoint software and Item #4 as it provides the main points in our position. Thank you for your time and thoughtful consideration. Sincerely, J ey L. Gonner, C.P.A. Chief Financial Officer JLG/pd cc: John Tallent Mark Runde, M.D., F.A.C.P. 1500 Associates Drive DubuQUe. Iowa 52002-2260 563.584.3000 phone May 3, 2006 Zoning Advisory Commission City of Dubuque 50 West 13th Street Dubuque IA 52001 Fr:mas ). O'Connor, 191 h-1990 RE: Medical Associates Clinic, Professional Corporation, and Medical Associates Realty, LP: OomoC5 Commelrrtal Serpices and tWholesale, C 3 General Commerc al and AG Agr tg'cultural District to PI Planned Industrial District Dear Zoning Advisory Commission: Rezoning the property at 190 N. Crescent Ridge for Alter Scrap to use as a junkyazd is illegal, in violation of Dubuque's zoning ordinance and Comprehensive Plan, and a disaster from any practical standpoint. Illeeality ender Zoning and PUD Ordinances: L ReouirementsofDubuque'szonineordinance(Alre azdingrezoning,.fBlrenardinuPiJD's.and~C~ re¢ardinzr screeninv, A. 12ezonincY Renuirements: At the public hearings on on Nov. 2, 2005 and December 7, 2005, it was essentially conceded by all Commissioners present that the criteria required in the ordinance for rezoning are not present in this case. The Commission cannot lawfully decide to rezone anyway. The rezoning provision states: 6-l.l. General Statement Of Intent: The Council finds that the reclassification ofproperty is asensitive and important legislative function which, in the interest of maintaining uniform zoning policies and the integrity of the O'CONNOR & THOMAS, P.C. Zoning Advisory Commission May 3, 2006 Page 2 Comprehensive Plan, should o1 exercised sparinely and under Droner conditions. For this reason, and because the orieinal zonine distnct boundaries under this Ordinance are pJesumrrl to effect and anprooriate, it shall hereafter be the policy of the City Council to reclassif onl where a cleaz showin has been made that the oricinal classificafion was a mistake or that circumstances and question have so materially chanced so as to demand ter affectine the pronertv in lassifiration in the nublic interest. Furthermore, it is contemplatedunderthis Ordinance that th t Commission is in the first instance t, hebodvresponsibleforthefotmulationandcontintuing review of the Comprehensive Plan as expressed herein. and that th~~ssion shall be char edwtththedut of eriodicall reviewi the olic'esand rovisionsofthisOrdinance in licht of its ourooses and chancing conditions and district reclassificat+ons or ord;_ roposin on itc own initiative such nance amendments as may be deemed.~nropriate to secure the nublic welfare. B. Screenincremiirrments:Thee]andoesnotprovidethelevelofscreeningrequired. The screening is required to block thejunkyazd from all public view, not just from the immediately abutting properties or properties within 200 feet. Putting an unsightly fence azound a junkyazd that is located forty feet or more I ower than the sunrounding residential and commercial areas may protect the bugs in the grass from offensi ve views, but it does nothing for the people living, getting health caze, traveling, or shopping at surrounding locations that aze forty feet higher in elevation. The screening requirements aze as follows: Sec. 29-6. Fencing Requirements For Junk And Salvage Operations: (a) An operator of a junkyazd/salvage operation shall submit to the city development planner a screening plan which shall be 4eY.,,~ed for each individual premises. The screeninc_ nlan shall irne~rate the screen with the nar„ at noundin~ and shall consider and make provisions to assure reasonable access to the screen for purposes of maintaining the screens. (b) The purpose of screening is to eliminate the visual im act of the iunkvazd contents by obs~ it from view outside the prerrllsec (c) Materials for use in screening of junkyazd shall generally consist of natural objects, plantings, fences, or other appropriate means such as storage sheds, buildings and other similaz elements. (2) Plantings shall be shrubs an¢ trees of so h [ es as to provide veaz round obscurement commensurate with local site conditions. All plant material used for screenin shall be of a size and quantity to_pmvide ohscurement. O'CONNOR 6r. THOMAS, P.C. Zoning Advisory Convnission May 3, ?006 Page 3 (3) Screens shall be made of wood, metal or other materials commonly used in the building trade, and shall be of such height and tune as necessary to provide obscurement. , , . C. PUD reouirements: The ordinance also provides criteria for creation of a Planned Unit Development. The requested rezoning does not meet the requirements for a PUD under Dubuque's ordinance. The ordinance states: 3-5.5, Planned Unit Development District (PUD). (A) .Regulations for this district are designed: *rr (4) To encourage new development to preserve and utilize existing land characteristics and features which offer visua rerrearin„ai t,o .nefits or other amenities; (5)Topromotetheeconomic attractive innovativeandharmoniousarraneementanddesi~ of new buildin s streets utilities and other~imnrovements orstrurrures; (6) To provide a livine. working and sho in enyironmPnr contributes to a sense of community and a co a uor me site that heren~tvle; (7) To provide for the creaton and nreservatio_more and lareer useable public or common open spaces than would normally be provided under conventional development; (C) Permitted Uses: Each planned unit development shall allow any principal permitted use allowed by the zoning ordinance, which by desien and use and restriction is com atible with all ad'acent uses, and which is specifically listed m the ordtnance adopted for the PUD. (D) Development Regulations:.. . In all PUDs the following minimum standards shall be met: (1) General Standazds: (a) The d_ en_gity and desio~ of [he PT D chat] be compatible in use. size and twe of structu~1 Ve amount of nnnn space, traffic circa lation and eeneral layout wi th adjoining land uses and shall b integrated~e neiehborhood. (b) The PUD shall take into consideration the i_Qact in existing streets and utilities. O'CONNOR 6t. THOMAS, P.C. Zoning Advisory Commission May 3, 2006 Page 4 (c) The economic environmental and nei hborhood +*npacts of the development shall be considered. - (d) The PUD shall co_ nf~ ith the adopted ]one range comnrehP.nsive ulan. a+* (F) Plan Approval Standazds. The Zoning Commission and City Council shall not approve the PUD application plan unless and until the Commission and Council determine that the conceptual development plan conforms to each of the following standazds: (1) The conceptual development plan is in substanri~ conformance with adopted Comprehensive plan to guide the future erowth looment of Dubunue, (3) The proposed development shall not in_ terfere with the aporouria~and eniovment of ro ertv on abuttin districts. (5) Natural draina P a*Aa~ aze retained as appropriate and improved if necess~rv• (6) Due consideration is given to preserving nafixol ..~ disturbance to the natural envimnmen , ite amenities and minimizine the Incomoatibt~with Comprehensive Plan "Fidelity to the comprehensive plan, whether inherent in the zoning ordinance or a sepazate written document, reduces the risk of azbitrary decision making, lending stability and predictability to the zoning process." Iowa Coal Min. Co._ inc- v. Monroe County, 494 N. W.2d 664, 669 (Iowa 1993). "The factor of primary importance is whether the rezoned tract has a peculiar adaptability to the new classification as compared to the surrounding property. spot zomnQ for the benefit of the owner and contrary to the comorphenst_~a~ is unreasonable." Little v- VV,abo~rr , 518 N.W.2d 384 (Iowa 1994). Dubuque's Comprehensive Plan does not provide for industrial development in the azea selected by Alter Scrap to relocate. The Comprehensive Plan does, however, require development to proceed in specific ways, with which the AlterScrap plan is entirely inconsistent. The Comprehensive Plan requires development in accordance with the following criteria: four To balance open space and environmental preservation with the community's development needs. 4.1 Protecr, and preserve existine open space and pazk land to meet the community's needs, O'CONNOR 6i THOMAS, P.C. Zoning Advisory Commission May 3, 2006 Page 5 4.2 Encourage expansion of urban Breen spaces, in suitable locations. 4.5 Limit development along bluff lines and protect scenic vistas. 4.6 Protrrr and enhance riverfront and related wetlands waterw land areas. av corridors and other sensitive five Encourage that the physical character and form of the city reflects its historic setting and that the built environment is compatible with the city's natural environment. 5.1 Define and enhance city gateways and focal points to create a sense of place. 5.3 Protec,`ral vistas from [he clutter of inappropriate physical development. six Encourage the concept of mixed use development to create diverse and self-sufficient neighbor 6.2 Buffer and protect incompatible uses fmm each other, Unnecrc~ar Im tactical. and a Aetraval pf Trust There is ample property available in the City of Dubuque already zoned forindustrial use that is now vacant. Nobody at the meeting on Nov. 2denied this obvious fact. In 1994, Medical Associates donated 33 acres immediately bordering the proposedjunkyard for use as a natural area with walking trails. Aside from the utter inconsistency of those uses with a junkyard, what message would rezoning the immediately adjacent property for development as a junkyard send: "We're not only going to use for incompatible purposes, we're going to use it for a junkyard righC next to you!" The rezoning would be a betrayal of the gift of the property to the City. It will not be overlooked by future donors. (See Exhibit 1 attached.) The junkyard will abut Catfish Creek. The pollution prospects from this location are manifest and obvious. The drainage scheme for the original 12-lot commercial development is utterly inadequate to properly drain the property if it is covered with large structures and paving, as Alter's plan shows it will be. The detention O'CONNOR 6z THOMAS, P.C. Zoning Advisory Commission May 3, 2006 Page 6 basin is about one-third the size it would need to be for Alter's development The City's settlement with Alter Scrap in 1998, which azose out of numerous code violations by Alter Scrap at its current location, required Alter to use its hest efforts to relocate to an azea "which is aooroariately ?oned for the conduct of irc business." Alter has failed utterly to comply with this requirement of its settlement with the City. (See Exhibit 2 attached.) Alter has instead requested to relocate into the middle of the busiest traffic, shopping, professional complex, restaurant, motel area in Dubuque County. It has requested a junkyazd be made the western gateway to the City for daily commuters and tourists. The rezoning would reduce the City's tax base. The property has far more tax base value as commercial property than as a junkyard. The junkyazd would also reduce the value of adjoining property that wil[ no longer be developed for normal commercial uses. Medical Associates itself has property overlooking what would become the junkyard. The rezoning would destroy that economic value and deprive the City of more tax base. Trucks will use Highway 20 for access to the proposed junkyazd site. Highway 20 is the most congested traffic route in the City of Dubuque. Adding a sprinkling of the inevitable debris that will fall from the steady parade of trucks into the junkyard would pose a serious safety hazard to traffic on Highway 20 and will in any event significantly increase congestion. Many neighbors of the property appeazed on Nov. 2 to speak in opposition to the rezoning. Petitions were submitted then, and tonight. The neighbors have no confidence in the assurances that all will be well, because all has been unwell at the site for a long time with the excavation that has gone on already. Nor should the City have confidence - Alter's history of violations at its present site (the files on which aze too voluminous to attach to this letter, but which are referenced in Exhibit 2) has cost it credibility on that account. Medical Associates respectfully requests that the Commission deny the request for rezoning. Very truly yours, Stephen C. Krumpe Enclosures MEDICAL ASSCICIATES May 11, 2006 Honorable Mayor Roy Buol City Hall 50 W. 13th Street Dubuque, IA 52001 RE: Follow up to phone call with John Tallent Dear Mayor Buol: Enclosed is a CD containing the following information for your review: 1. The PowerPoint presentation shown at the Zoning Advisory Committee 2. Pictures from various locations: 001 View from the Clinic 005 View from the Clinic 011 View from the Clinic 012 View from Oak Park Place Independent Building 017 View from Oak Park Place Condo 020 View from Southeast Residential Property 021 View from Southeast Residential Property 025 View from Southeast Residential Property 026 View from Southeast Residential Property 032 Illustrates 10 foot high pole used in prior pictures 034 Illustrates 10 foot high pole used in prior pictures 035 Illustrates 10 foot high pole used in prior pictures 0255 Where the property drains -Catfish Creek 3. Februa ry 27, 2006 filing with the City Clerk 4. May 3, 20061etter to the Zoning Advisory Committee I have provided a printout of Item #1 in case you did not have access to PowerPoint software and Item #4 as it provides the main points in our position. Thank you for your time and thoughtful consideration. Sincerely, J rey L. Gonner, C.P.A. Chief Financial Officer JLG/pd cc: John Tallent Mark Runde, M.D., F.A.C.P. 1500 Associates Drive Dubu~uc, Iowa 52002-2260 563.584.3000 phone E. \fuslvdl Thomas, l907-L`)ti9 AT )llil NF.Y5 AT ld`x' . ~ ~,,,,, cew+o.~ahon tmluw. c,nn May 3, 2006 Zoning Advisory Commission City of Dubuque 50 West 13t" Street Dubuque IA 52001 Fran. is ). i)'Connor, 1 `) Ui-1990 + RE: Medical Associates Clinic, Professional Corporation, and Medical Associates Realty, LP: Opposition to Alter Scrap Processing Request for Rezoning of 190 N. Crescent Ridge from CS Commercial Services and Wholesale, C-3 General Commercial and AG Agricultural District to PI Planned Industrial District Dear Zoning Advisory Commission: Rezoning the property at 190 N. Crescent Ridge for Alter Scrap to use as a junkyard is illegal, in violation of Dubuque's zoning ordinance and Comprehensive Plan, and a disaster from any practical standpoint. Illevality under 7.oninQ and PUD Ordinances:_ 1. ReauirementsofDubuaue'szonineordinance(A~reeardinerezonine.(BlreeardinepiJD's.and(Cl reeardinp screenintr_. A. Rezonine Requirements: At the public hearings on on Nov. 2, 2005 and December 7, 2005, it was essentially conceded by all Commissioners present that the criteria required in the ordinance for rezoning are not present in this case. The Commission cannot lawfully decide to rezone anyway. The rezoning provision states: 6-1.1. General Statement Of Intent: The Council finds that the reclassification of property is a sensitive and important legislative function which, in the interest of maintaining uniform zoning policies and the integrity of the Stephen C. Ktwnpe I ext. 232 ~ sktumpe@ocehomaslaw.com Dubuque Buildiry; i 700 Locust $rnrot, Suicu 200 ~ P.O. Box 599 ~ Dubuque, Iowa 52004.0599 ~ Phane 561.557.8400 ~ Fax 563.556.1867 JOHN C. O'CONN00. CHAD C. LFITCtf "' 1MIES E. GDODAIAN,10.. • KEPAIE L. UeDncEt CIH~R~I~Sro%iER C. FFY BRENDAN T. QUANN ttICHARD K. WH~rrr DAVIN C. CLRT£5 ~t PEi6R D. ARDNCt§t CMILY E. REINExS A. JOHN AxENZ t$ SIEPH[N C. KausrvE *t PAUL J. $ILYIARIH t JOSHUA P. WFJDEMANN THOMAS S. COWNS, OFNUNEEL ALL utumup kcensul in lauu ~ ` AtsD lunuwl in IW'nras ~ f Alw linnsed in Wwrmtin ~ $ ALw IicerueJ in Minnuoeu # CertifieJ in Ciufl Trill AdwxNCy Iry Nusionul auurd of Tnd Aslwxac~~ O'CONNOR 6z THOMAS, P.C. Zoning Advisory Commission May 3, 2006 Page 2 Comprehensive Plan, should only be exercised snarineh~ and under omner conditions. For this reason, and because the original zonine district boundaries under this Ordinance are. presumed to be correct and annrooriate, it shall hereafter be the policy of the City Council to reclassify nronerty only where a clear showing has been made that the original classification was a mistake or that circumstances and conditions affecting the property in ^uestion have so materially changed so as to demand reclassification in the oublic interest., *** Furthetmore, it is contemplated under this Ordinance that the Lon a-Rance Plannine Advisory Commission is. in the first instance. the body responsible for the formulation and continuins rr+.v;gw of rhP, Comprehensive Plan, as expressed herein. and that the Commission shall b_ charged with the duty of periodically reviewing the policies and provisions of this Ordinance. in light of its oumoses and changine conditions. and ,....,....,in2 on its own initiative such district reclassifications or ordinance amendments as may he deemed aonronriate to secur_ the oublic welfare. B. Screeninereauirements:ThePlandoesnotprovidethelevelofscreeningrequired. Thescreening is required to block the junkyard from all public view, not just from the immediately abutting properties or properties within 200 feet. Putting an unsightly fence around a junkyard that is located forty feet or more lower than the sunrounding residential and commercial azeas may protect the bugs in the grass from offensive views, but it does nothing for the people living, getting health caze, traveling, or shopping at surrounding locations that are forty feet higher in elevation. The screening requirements are as follows: Sec. 29-6. Fencing Requirements For junk And Salvage Operations: (a) An operator of a junkyazd/salvage operation shall submit to the city development planner a screening plan which shall be krY...:ed for each individual premises. The screening plan shall integrate the screen with the natural surroundings and shall consider and make provisions to assure reasonable access to the screen for purposes of maintaining the screens. (b) The purpose of screening is to eliminate the visual impact of the iunkvazd contents by obscuring it from view outside the premises, (c) Materials for use in screening of junkyazd shall generally consist of natural objects, plantings, fences, or other at.~..,.t..:ate means such as storage sheds, buildings and other similaz elements. (2) Plantings shall he shrubs and trees of such t~~nes as to provide veer round obscurement commensurate with local Site conditions. All plant material used for screenine shall be of a size and quantity to nmvide obscurement., O'CONNOR & THOMAS, P.C. Zoning Advisory Commission May 3, 2006 Page 3 (3) Screens shall be made of wood, metal or other materials commonly used in the building trade, and shall he of such height and type as necessarv to provide. obscurement... . C. PiID requirements: The ordinance also provides criteria for creation of a Planned Unit Development. The requested rezoning does not meet the requirements for a PUD under Dubuque's ordinance. The ordinance states: 3-5.5. Planned Unit Development District (PUD). (A) ...Regulations for this district are designed: **~ (4) To encourage new development to preserve and utilize existing land characteristics and features which offer visual recreational benefits or other amenities; (5)Topromotetheeconomic attractive innovativeandharmoniousarrangementanddesign of new buildings. streets. utilities and other improvements or structures; (6) To provide a living. working and shonoin? environment within the layout of the site that contributes to a sense of community and a coherent lifestyle,; (7) To provide for the creation and preservation of more and larger useable public or common open spaces than would normally be provided under conventional development; +~~ (C) Permitted Uses: Each planned unit development shall allow any principal permitteduse allowed by the zoning ordinance, which by design and use and restriction is compatible with all adiacen_ uses, and which is specifically listed in the ordinance adopted for the PUD. ~-* (D) Development Regulations:.. . In all PUDs the following minimum standazds shall be met: (1) General Standards: (a) The density and design of the PUD shall be compatible in use. size and ttroe of structure- relative amount of open space. traffic circulation and general layout with. adjoining land uses. and shall be integrated into the neighhorhood, (b) The PUD shall take into consideration the impact in existing streets and utilities. O'CONNOR tit. THOMAS, P.C. Zoning Advisory Commission May 3, 2006 Page 4 (c) The economic. environmental and nei~hbo!'hood impacts of the development shall be considered. (d) The PUD shall conform with the adopted lone ranee comprehensive nlar. *~* (F) Plan Approval Standazds. The Zoning Commission and City Council shall not approve the PUD application plan unless and until the Commission and Council determine that the conceptual development plan conforms to each of the following standazds: (1) The conceptual development plan is in substantial conformance with adonte~i Comprehensive Plan to guide the future growth and development of Duhupue., *+~ (3) The proposed development shall not interfere with the appropriate use and eniovment of pronertv on abuttine districts. *** (5) Natural drainaee areas aze retained as appropriate and improved if necessary. (6) Due consideration is given to nreservinv natural site amenities and minimizine the, disturbance to the natural environment.. Incompatibility with Comprehensive Plan "Fidelity to the comprehensive plan, whether inherent in the zoning ordinance or a separate written document, reduces the risk of azbitrary decision making, lending stability and predictability to the zoning process." Iowa Coal Min. Cn.. Inc. v. Monroe County, 494 N.W.2d 664, 669 (Iowa 1993). "The factor of primary importance is whether the rezoned tract has a peculiar adaptability to the new classification as compared to the surrounding r..,r...~y. Soot zonine for the benefit of the owner and contrary to the. comprehensive plan is unreasonable,." Little v. Winhom, 518 N.W.2d 384 (Iowa 1994). Dubuque's Comprehensive Plan does not provide for industrial development in the azea selected by Alter Scrap to relocate. The Comprehensive Plan does, however, require development to proceed in specific ways, with which the Alter Scrap plan is entirely inconsistent. The Comprehensive Plan requires development in accordance with the following criteria: four To balance open space and environmental preservation with the community's development needs. 4.1 Protect and preserve existin¢ open space and pazk land to meet the community's needs. O'CONNOR 6t THOMAS, P.C. Zoning Advisory Commission May 3, 2006 Page 5 4.2 Encourage expansion of urban Breen spaces in suitable locations. rr* 4.5 Limit development along bluff lines and protect scenic vistas. 4.6 Protect and enhance riverfront and related wetlands- waterway corridors and other sensitive land areas. five Encourage that the physical chazacter and form of the city reflects its historic setting and that the built environment is compatible with the city's natural environment. S.1 Define and enhance city gateways and focal points to create a sense of place. *+* 5.3 Protect natural vistas from the clutter of ino.,.,..,.,.:ate physical development. *++ six Encourage the concept of mixed use development to create diverse and self-sufficient neighborhoods. +~» 6.2 Buffer and omtect incompatible uses from each other. ilnnecessarv. Impractical. and a Betrayal of Trust There is ample property available in the City of Dubuque already zoned for industrial use that is now vacant. Nobody at the meeting on Nov. 2denied this obvious fact. In 1994, Medical Associates donated 33 acres immediately bordering the proposedjunkyazd for use as a natural area with walking trails. Aside from the utter inconsistency of those uses with a junkyard, what message would rezoning the immediately adjacent property for development as a junkyard send: "We're not only going to use for incompatible purposes, we're going to use it for a junkyard right next to you!" The rezoning would be a betrayal of the gift of the property to the City. It will not be overlooked by future donors. (See Exhibit 1 attached.) Thejunkyazd will abut Catfish Creek. The pollution prospects from this location are manifest and obvious. The drainage scheme for the original 12-lot commercial development is utterly inadequate to properly drain the property if it is covered with lazge structures and paving, as Alter's plan shows it will be. The detention O'CONNOR & THOMAS, P.C. Zoning Advisory Commission May 3, 2006 Page 6 basin is about one-third the size it would need to be for Alter's development. The City's settlement with Alter Scrap in 1998, which arose out of numerous code violations by Alter Scrap at its current location, required Alter to use its best efforts to relocate to an azea "which is anoronriately zoned for the conduct of its business." Alter has failed utterly to comply with this requirement of its settlement with the City. (See Exhibit 2 attached.) Alter has instead requested to relocate into the middle of the busiest traffic, shopping, professional complex, restaurant, motel area in Dubuque County. It has requested a junkyazd be made the western gateway to the City for daily commuters and tourists. The rezoning would reduce the City's tax base. The property has far more tax base value as commercial property than as a junkyazd. The junkyard would also reduce the value of adjoining property that will no longer be developed for normal commercial uses. Medical Associates itself has property overlooking what would become the junkyazd. The rezoning would destroy that economic value and deprive the City of more tax base. Trucks will use Highway 20 for access to the proposed junkyard site. Highway 20 is the most congested traffic route in the City of Dubuque. Adding a sprinkling of the inevitable debris that will fall from the steady parade of trucks into the junkyard would pose a serious safety hazard to traffic on Highway 20 and will in any event significantly increase congestion. Many neighbors of the property appeazed on Nov. 2 to speak in opposition to the rezoning. Petitions were submitted then, and tonight. The neighbors have no confidence in the assurances that all will be well, because all has been unwell at the site for a long time with the excavation that has gone on already. Nor should the City have confidence - Alter's history of violations at its present site (the files on which are too voluminous to attach to this letter, but which are referenced in Exhibit 2) has cost it credibility on that accounT. Medical Associates respectfully requests that the Commission deny the request for rezoning Very truly yours, O'CONNOR & THOM~ " " ,Y1.2~~~z/U~r Stephen C. Krumpe Enclosures The View From Medical Associates Clinic View From Oak Park Place Rail car loading over the roof of proposed shed? What a view. You see us? We see you too. Medical Associated Clinic Oak Park Place What's up with all the junk? From homes on Oak Grove Drive Ringside seats for the shaker table The City says it's a PARK The City says it's a PARK Who would put this.... next to this? View of Medical Associates Greenbelt "To promote the protection, preservation and enhancement of the biodiversity of the city's bluffs, prairies, wetlands, waterways and all natural areas." (Dubuque Comprehensive Plan) This does not promote or protect Pollutant -means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials not covered by the Atomic Energy Act, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water. (40 CFR 230) Contaiminant- means a chemical or biological substance in a form that can be incorporated into, onto, or be ingested by and that harms aquatic organisms, consumers of aquatic organisms, or users or the aquatic environment, and includes but is not limited to the substances on the 307(a}(1) list of toxic pollutants. (40 CFR 230) Treated/Creosote Timber & Rusting Streel Stormwater This area regularly floods. Where does the water go? Stormwater measures are inadequate for the proposed use and environmentally unsafe. Approximately 22 acre site (not including Hobby Lobby site) with detention designed for 6.06 acres. A new stormwater inlet. Where does this go? Welcome to Catfish Creek Noise Currently, 4 to 6 drops per minute x 3 cranes = 12 to 24 drops per minute And More Noise Car Smashing: 3 hits every 1 o seconds. Plus the shaker table, plus the rail coupling noise, plus vehicle safety alarms. Experts communicated last fall that it is not possible to mitigate noise effecting elevated neighbors. The plan you voted NO to 12/05 This new plan changes nothing. Withdrawn 12/05 to avoid Council vote. Same plan resubmitted les than 2 weeks later Withdrawn from Zoning Hearing to negate > 80% objection from neighbors within 200 ft. Same plan resubmitted with manipulation of the property line to reduce list of people within 200 ft. It's still the SAMPLE PLAN with a worse impact, and needs the SAME "NO" VOTE! THE CITY OF DUBUQUE Showing the Spirit MEMORANDUM May 10, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: City Council referral of letter from Dubuque County Humane Society On May 1, 2006, the City Council referred the enclosed letter from the Dubuque County Humane Society to the City Manager for review and comment on the issues raised about barking dogs and spot zoning. The letter was submitted in opposition to a rezoning request filed with Alter Scrap for nearby property at 190 N. Crescent Ridge Road. The letter refers to noise complaints about dogs barking during blasting at the property proposed for PUD rezoning. The proposed use does not involve blasting. Therefore, Planning Services staff can draw no conclusions that scrap processing will result in dogs barking or in noise complaints about dogs barking. This is a Planned Unit Development request and meets those criteria; therefore, Planning Services Manager Laura Carstens does not believe this is spot zoning. I concur with Planning Services Manager Laura Carstens when she advises that no conclusions can be drawn that this rezoning will result in barking dogs and that this is not spot zoning. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager THE CITY OF DUBUQUE Showing the Spirit MEMORANDUM May 9, 2006 TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager- SUBJECT: City Council referral of letter from Dubuque County Humane Society INTRODUCTION On May 1, 2006, the Ciry Council referred the enclosed letter from the Dubuque Gounty Humane Society to the City Manager for review and comment on the issues raised about barking dogs and spot zoning. The letter from the Dubuque Humane Society is also addressed to the Zoning Advisory Commission. The letter was submitted in opposition to a rezoning request filed with Alter Scrap for nearby property at 190 N. Crescent Ridge Road. Alter Scrap has requested rezoning from CS Commercial Service and Wholesale District to PUD Planned Unit Development with a PI Planned Industrial designation. This PUD rezoning would allow Alter Scrap to relocate their existing scrap processing operation to a larger site with appropriate zoning. The current operation at 180 Harrison Street is in an LI Light Industrial zone. In the LI zone, Alter Scrap is a non- conforming land use and can't expand. The Zoning Advisory Commission held a public hearing on this PUD rezoning on May 3, 2006. The Commission has recommended approval. The City Council has a public hearing on the rezoning on May 15, 2006. DISCUSSION Typically, the Planning Services staff does not review and comment on written correspondence for or against a rezoning request unless specifically requested to do so by the City Council or Zoning Advisory Commission. The Planning Services staff's role for rezoning is as a facilitator. City Council referral of letter from May 9, 2006 Page 2 Dubuque County Humane Society With respect to the enclosed letter from the Dubuque Humane Society, Planning Services staff offers the following comments. - The letter refers to noise complaints about dogs barking during blasting at the property proposed for PUD rezoning. The proposed use does not involve blasting. Therefore, Planning Services staff can draw no conclusions that scrap processing will result in dogs barking or in noise complaints about dogs barking. - The letter refers to the proposed PUD rezoning as spot zoning. Spot zoning in and of itself is not illegal. In fact, the City of Dubuque uses the C-1 Neighborhood Commercial as a "spot zone' for corner lots occupied by commercial structures in older neighborhoods. For example, C-1 zones occupy areas as small as a single lot of less than 5,000 square . The City's PUD regulations require a minimum of two acres. Alter Scrap's proposal is for eight acres. The City Council has approved other PUD's of less than eight acres. Therefore, the Alter Scrap proposal is not a spot zoning. RECOMMENDATION I recommend that this information be provided to the City Councif for consideration at their May 15, 2006 meeting concurrent with the public hearing on Alter Scrap's PUD rezoning request. LC/mkr Enclosure April 19, 2006 Zoning Advisory Committee City of Dubuque 50 West 13`h Street Dubuque, Iowa 52001 Dubuque City Hall Clerk Dubuque City Hall 50 West 13`h Street Dubuque, Iowa 52001 Re: Dubuque Regional Humane Society's opposition to Dawne O'Meara, Alter Salvage/Tschiggfrie Excavating Rezoning Request for 190 N. Crescent Ridge To Whom It May Concern: The Dubuque Regional Humane Society owns property at 175 N. Crescent Ridge, Dubuque, Iowa. At that location, the Dubuque Regional Humane Society operates a nonprofit animal shelter. Recently, the Board of Directors met and discussed the request by Alter Salvage to rezone the neighboring property located at 190 N. Crescent Ridge. The Board of Directors has determined that consistent with its mission statement, which is the humane treatment of animals, it must oppose the rezoning request. At the request of the Board of Directors, I have been asked by the Dubuque Regional Humane Society to advise you of their position. The Dubuque Regional Humane Society has a number of concerns with regard to the impact that rezoning this land and allowing Alter Salvage to operate its salvage yazd in the immediate vicinity of the animal shelter would have. Specifically, we have concerns that the increased noise from the salvage yard, caused by the loading and loading of rail cars and the use ofheavy equipment, will disrupt the animals. The dogs are housed inside from 7:00 p.m. unti17:00 a.m. everyday. Our animals come to us under stressful conditions. Our goal is to make them as comfortable as possible while they wait for their new home. The additional noise will cause anxiety in the animals that the Dubuque Regional Humane Society cares for, and the natural result of that increased anxiety will be increased barking. We did consult with Dr. Sue Kapla, an animal behaviorist, to determine what impact the increased noise from the salvage yard might have on the dogs. Her comments were that the dogs may get used to the noise after a few weeks. However, the service that the Dubuque Regional Humane Society provides involves accepting new dogs on a daily basis. Therefore, the new dogs will always be affected by the noise. When one dog barks, they all bark. The Dubuque Regional Humane Society experienced a similar problem with additional noise just last year when Tschiggfrie Excavating was blasting in the vicinity. The dogs responded with increased barking. That was the first time, in the 14 years that the Dubuque Regional Humane Society has been at its current location, that it received any complaints from neighbors regazding barking dogs. The land in the immediate vicinity of the proposed Alter Salvage location is a mix of residential and commercial service zoned properties. Spot zoning this one area to a heavy industrial is inconsistent with the Dubuque Comprehensive Plan upon which property owners relied in acquiring property in the affected area. There are other areas in the City zoned specifically for a business such as Alter Salvage. The Board asks that the City and Alter Salvage to consider its relocation to one of those locations already zoned consistent with its intended use. The Dubuque Regional Humane Society is a nonprofit organization. The Board ofDirectors, employees and volunteers work hard to provide a service to the community. The Dubuque Humane Society's relocation to 175 N. Crescent Ridge, approximately 14 years ago, occurred after much support and effort by the community coming together with a goal of providing a better environment for these animals in transition. Allowing the neighboring property to be rezoned to heavy industrial zone and to operate a salvage yard will have an immediate impact on the real estate values in the surrounding area, including the value of the real estate acquired by the Dubuque Regional Humane Society. As a nonprofit entity, the Board of Directors ask the City not to impose direct financial harm on the Humane Society by taking steps which will immediately affect the Humane Society's property value. Access to the highway from McDonald Drive and out of the Hobby Lobby store is often difficult. Concerns were voiced that with the addition of a salvage business using the same access, it will cause additional difficulties and safety concerns in accessing the highway. Further, the Board ofDirectors expect that the traffic on Crescent Ridge would significantly increase with the operation of a salvage yard in the vicinity. The increase in traffic would likely be open-backed trucks hauling junk, which would not only, again, increase the noise level in the neighborhood, but also cause safety concerns. Please consider our concems and the direct impact that a decision to authorize Alter Salvage to operate its salvage business in a residential and commercial service zoned area would have on the residents that have already invested in building homes and facilities in this area, in particular the animals. Please request that Alter Salvage choose a location already zoned for heavy industrial. Sincerely, Jane McCall, Executive Director Dubuque Regional Humane Society ~,~ l /1a~ Tim Krom, President Dubuque Humane Society Board of Directors 5:\wp\Denv\lACClHumm~e Sociny\DUbupue City Hall hr rt raonmgwpd May 11, 2006 Dubuque City Clerk City Hall 50 West 13`~ Street Dubuque, IA 52001 RE: Retraction of Lamaz Opposition Letter (190 N. Crescent Ridge Road Property) To Whom It May Concern: Please be informed that we would like to rescind ow letter of opposition (Dated Feb 20, 2006) for the rewning of the above described r...,.:..:y. After considerafion it is our position to remain neutral on this issue and repeal our original request. Thank you in advance for your help with this matter. Sincerely, Lamar Advertising Company James P. Schumacher Vice President/General Manager Karen Chesterman -Dear Mayor Buol.doc Dear Mayor Buol and City Council Members: I am writing to respectfully ask you to consider denying the proposed salvage yard on North Crescent Ridge. I have attended the city zoning meetings and expressed my concerns when I was able to attend. At every meeting I attended there were more business ~ at are o osed to this zoning change than representatives and individuals th pp there are for the zoning change. At the last zoning meeting a high dollar misleading slide show was used to persuade the zoning board to vote for the change. IT'S NOT RIGHT!!! This is not a place for an industrial business. I understand the reasons they need to relocate out of the downtown area and that's not a good enough reason to put them in another area they shouldn't be in. In 2003 I invested 3.2 million dollars in Dubuque to construct a state of the art motorcycle and A.T.V. dealership. I choose to build at 145 North Crescent Ridge because it was a commercial area, not a residential area and certainly not an industrial area. One of my concerns is that the value of my investment will drastically decrease with a junkyard at the end of the street. ~' When I purchased the land my intent was to build an out of harm's way, yet welcoming store for our two wheeled community. This leads me to another big concern I have for my customers. Their Safety while visiting my ~ dealership. I understand that Alters intends to keep their property cleaned up, but our problem is the amount of debris (screws, nails e.t.c.) that fall off vehicles that alters has no control of while going down the street to the junkyard. This will drastically increase the chance of my customers picking up a piece of metal in one of their two tires putting them at more than I normal risk of having a tragic accident when they pull back out on to the hi- i way. The debns and traffic is always a concern with 4 wheeled vehicles, but it is a trepidation when it comes to two wheels. I thank you very much for your consideration Clay Wilwert President, Wilwerts Inc. Page 1 of 1 Jeanue Schneider -proposed zoning change From: "Alt, MD, L. Peter" <Ipeteralt(a~,maheaithcare.com> To: "Roy Boul (mayor) (rdbuol(a~,cityofdubuque.org}" <rdbuol(acityofdubuque.org> Date: 05/11/2006 8:22 AM Subject: proposed zoning change I am writing in reference to a zoning application made by Alter Scrap Processing/Tschiggfrie Excavating Co to rezone N. Crescent Ridge fiom CS Commercial etc to Planned Industrial District. In „r,Y,,, ring this change I think the ZAC greatly underestimated the noise pollution problems inherent to the scrap processing business. At the ZAC meeting a decibel level was quoted and the statement made that this level is no greater than the highway noise level. This number applied to machines operating continuously and excluded intermittent noises. This presentation neglects three imY..,:<,..: facts: 1) sound is additive 2) the y,,,r..sed site is situated in a rock amphitheater 3) the intermittent noises not mentioned at the ZAC meeting are much more disruptive that the steady noise which was measured. remember that the noise is If the argument is that the steady noi~ is no worse than the highway added to the highway noise and no one is r,.,Y..~ing to abate the highway noise. The rock wall of the site and the location on one side of a valley will project the noise drrectly at the Medical Associates Clinic and the Oakpark extended care facility. The unmentioned noised are impact noises: train cars coupling, cranes dropping junk (at an estimated frequency of 4-6/min), and car crushing (the crane lifts up a steel beam and .;,Y;,~.:edly drops it onto a car). These noises will be frequent which is the issue. It would be like someone pounding a nail into your office wall. If this happens only occasionally it's not an issue; but all day long is certainly going to drive you crazy. As an Eats/Nose/Throat physician I deal everyday with noise/hearing issues. The noise concerns raised by this zoning change are not insignificant. Please consider them and vote against the planned zoning change. Sincerely, L Peter Alt CONFIDENTIALITY NOTICE: This message, including any attachments, is for the sole use of the ins G~ure or recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, distribution is prohibited. If you are not the intended recipient, please contact the sender by reply a-mail and and shalallnot be construed as those of M dicae Associates or any of its etit esnication are that of the individual file://C:\Documents%20and%20Settings\jschneid.000U..ocal%20Settings\Temp\7fl'GrpW• 03/12/2006 Dubuque City Clerk City Hall 50 West 13~' Street Dubuque, IA 52001 Re: Objection to Rezoning Request for 190 N. Crescent Ridge Road property To the Mayor and Members of the Dubuque City Council: I own property at am'" that is within 200 feet of property located at 190 N. Crescent Ridge Road in the City of Dubuque. I object to the request to rezone the 190 N. Crescent Ridge Road property site, or any part of it, as an industrial site, and to any other change in its current zoning classification. I object to putting a junkyard on this property. It will bring unsightliness, intrusive and disturbing noises, truck traffic, and train noise to our neighborhood and the surrounding area. I further object to this rezoning request as it will devalue adjacent and surrounding property. It is not compatible with the neighboring uses -residential, commercial, and medical. Please don't do this. Thank you. Sincerely, Name: Signature Print Name: Mailing Address: Date: Dubuque City Clerk City Hall 50 West 13th Street Dubuque, IA 52001 Re: Objection to Rezoning Request for 190 N. Crescent Ridge Road property To the Mayor and Members of the Dubuque City Council: I own property at ao that is within 200 feet of property located at 190 N. Crescent Ridge Road in the City of Dubuque. I object to the request to rezone the 190 N. Crescent Ridge Road property site, or any part of it, as an industrial site, and to any other change in its current zoning classification. I object to putting a junkyard on this property. It will bring unsightliness, intrusive and disturbing noises, truck traffic, and train noise to our neighborhood and the surrounding area. I further object to this rezoning request as it will devalue adjacent and surrounding property. It is not compatible with the neighboring uses -residential, commercial, and medical. Please don't do this. Thank you. Sincerely, Signature Print Name: LEpNA/L(~ WE\S Mailing Address: Date: Dubuque City Clerk City Hall 50 West 13th Street Dubuque, IA 52001 Re: Objection to Rezoning Request for 190 N. Crescent Ridge Road property To the Mayor and Members of the Dubuque City Council: I own property at ,v that is within 200 feet of property located at 190 N. Crescent Ridge Road in the City of Dubuque. I object to the request to rezone the 190 N. Crescent Ridge Road property site, or any part of it, as an industrial site, and to any other change in its current zoning classification. I object to putting a junkyard on this property. It will bring unsightliness, intrusive and disturbing noises, truck traffic, and train noise to our neighborhood and the surrounding area. I further object to this rezoning request as it will devalue adjacent and surrounding property. It is not compatible with the neighboring uses -residential, commercial, and medical. Please don't do this. Thank you. Sincerely, Name: Signaturee Mailing Address: Dubuque City Clerk City Hall 50 West 13th Street Dubuque, IA 52001 Re: Objection to Rezoning Request for 190 N. Crescent Ridge Road property To the Mayor and Members of the Dubuque City Council: I own property at that is within 200 feet of property located at 190 N. Crescent Ridge Road in the City of Dubuque. I object to the request to rezone the 190 N. Crescent Ridge Road property site, or any part of it, as an industrial site, and to any other change in its current zoning classification. I object to putting a junkyard on this property. It will bring unsightliness, intrusive and disturbing noises, truck traffic, and train noise to our neighborhood and the surrounding area. I further object to this rezoning request as it will devalue adjacent and surrounding property. It is not compatible with the neighboring uses -residential, commercial, and medical. Please don't do this. Thank you. Sincerely, .. Sig~iatur Print Name: Mailing Address: Date:. Dubuque City Clerk City Hall 50 West 13th Street Dubuque, IA 52001 Re: Objection to Rezoning Request for 190 N. Crescent Ridge Road property To the Mayor and Members of the ue City Council: I own property at that is within 200 feet of properly located at 190 N. Crescent Ridge Road in the City of Dubuque. I object to the request to rezone the 190 N. Crescent Ridge Road properly site, or any part of it, as an industrial site, and to any other change in its current zoning classification. I object to putting a junkyard on this property. It will bring unsightliness, intrusive and disturbing noises, truck traffic, and train noise to our neighborhood and the surrounding area. I further object to this rezoning request as it will devalue adjacent and surrounding properly. It is not compatible with the neighboring uses -residential, commercial, and medical. Please don't do this. Thank you. Sincerely, Name: nature Print Name: Mailing Address Date: Dubuque City Clerk City Hall 50 West 13th Street Dubuque, IA 52001 Re: Objection to Rezoning Request for 190 N. Crescent Ridge Road property To the Mayor and Members of the Dubuque City Council: i n I own property at that is within 200 feet of property located at 190 N. Crescent Ridge Road in the City of Dubuque. I object to the request to rezone the 190 N. Crescent Ridge Road property site, or any part of it, as an industrial site, and to any other change in its current zoning classification. I object to putting a junkyard on this property. It will bring unsightliness, intrusive and disturbing noises, truck traffic, and train noise to our neighborhood and the surrounding area. I further object to this rezoning request as it will devalue adjacent and surrounding property. It is not compatible with the neighboring uses -residential, commercial, and medical. Please don't do this. Thank you. Sincerely, Name Signature Print Name: Mailing Address: Date Dubuque City Clerk City Hall 50 West 13th Street Dubuque, IA 52001 Re: Objection to Rezoning Request for 190 N. Crescent Ridge Road property To the Mayor and Members of the Dubuque City Council: I own properly at, that is within 200 feet of property located at 190 N. Crescent Ridge Road in the City of Dub teu or anble art f t r es an to rezone the 190 N. Crescent Ridge Road property Y P industrial site, and to any other change in its current zoning classification. I object to putting a junkyard on this property. It will bring unsightliness, intrusive and disturbing noises, truck traffic, and train noise to our neighborhood and the surrounding area. I further object to this rezoning request as it will devalue adjacent and surrounding property. It is not compatible with the neighboring uses -residential, commercial, and medical. Please don't do this. Thank you. Sincerely, Name: Signature Print Name: Mailing Address: Date: February 15, 2006 Dubuque City Clerk City Hall 50 West 13th Street Dubuque, IA 52001 Re: Objection to Rezoning Request for 190 N. Crescent Ridge Road property To Whom It May Concern: I own property on Century Circle that is within 200 feet of property located at 190 N. Crescent Ridge Road in the City of Dubuque. I object to the request to rezone the 190 N. Crescent Ridge Road property as an industrial site, and to any other change in its current zoning classification. I object to putting a junkyard on this property. It will bring unsightliness, disruptive and disturbing noises, truck traffic, and train noise at all hours of day and night to our neighborhood and the surrounding area. I further object to this rezoning request as it will devalue adjacent and surcounding property Please notify City Planning Services, the Zoning Advisory Commission, and City Council of my objection. Thank you: Sincerely, Signature Print Name )im Giese Commercial Roofing 9062 Silverwood Drive Dubuque, IA 52003 May 11, 2006 Dubuque City Clerk City Hall 50 West 13th Street Dubuque, IA 52001 RE: Retraction of Lamar Opposition Letter (190 N. Crescent Ridge Road Property) To Whom It May Concern: Please be informed that we would like to rescind our letter of opposition (Dated Feb 20, 2006) for the rezoning of the above described property. After consideration it is our position to remain neutral on this issue and repeal our original request. Thank you in advance for your help with this matter. Sincerely, Lamar Advertising Company James P. Schumacher Vice President/General Manager 1880 Elm SlreeR Dubupue, Iowa 52001 (583) 558-4141 Fax (583) 558-0649 TUI Free (877) 408-3495 Karen Chesterman -Dear Mayor Buol doc Page 1 Dear Mayor Buol and City Council Members: I am writing to respectfully ask you to consider denying the proposed salvage yard on North Crescent Ridge. I have attended the city zoning meetings and expressed my concerns when I was able to attend. At every meeting I attended there were more business representatives and individuals that are opposed to this zoning change than there are for the zoning change. At the last zoning meeting a high dollar misleading slide show was used to persuade the zoning board to vote for the change. IT'S NOT RIGHT!!! This is not a place for an industrial business. I understand the reasons they need to relocate out of the downtown area and that's not a good enough reason to put them in another area they shouldn't be in. In 2003 I invested 3.2 million dollars in Dubuque to construct a state of the art motorcycle and A.T.V. dealership. I choose to build at 145 North Crescent Ridge because it was a commercial azea, not a residential area and certainly not an industrial area. One of my concerns is that the value of my investment will drastically decrease with a junkyard at the end of the street. When I purchased the land my intent was to build an out of hazm's way, yet welcoming store for our two wheeled community. This leads me to another big concern I have for my customers. Their Safety while visiting my dealership. I understand that Alters intends to keep their property cleaned up, but our problem is the amount of debris (screws, nails e.t.c.) that fall off vehicles that alters has no control of while going down the street to the junkyard. This will drastically increase the chance of my customers picking up a piece of metal in one of their two tires putting them at more than normal risk of having a tragic accident when they pull back out on to the hi- way. The debris and traffic is always a concern with 4 wheeled vehicles, but it is a trepidation when it comes to two wheels. I thank you very much for your consideration. Clay Wilwert President, Wilwerts Inc. Jeanne Schneider -proposed zoning change From: "Alt, MD, L. Peter" <Ipeteralt@mahealthcare.com> To: "Roy Boul (mayor) (rdbuol(acityofdubuque.org)" <rdbuol(acityofdubuque.org> Date: 05/11/2006 8:22 AM Subject: r.,.Y„~ed zoning change I am writing in reference to a zoning application made by Alter Scrap processing/Tschiggfrie Excavating Co to rezone N. Crescent Ridge from CS Commercial etc to Planned Industrial District. In approving this change I think the ZAC greatly underestimated the noise pollution problems inherent to the scrap processing business. At the ZAC meeting a decibel level was quoted and the statement made that this level is no greater than the highway noise level. This number applied to machines operating continuously and excluded intermittent noises. This presentation neglects three important facts: 1) sound is additive 2) the Y...r,.~ed site is situated in a rock amphitheater 3) the intermittent noises not mentioned at the ZAC meeting are much more disruptive that the steady noise which was measured. If the argument is that the steady noi~ is no worse than the highway remember that the noise is added to the highway noise and no one is proposing to abate the highway noise. The rock wail of the site and the location on one side of a valley will project the noise directly at the Medical Associates Clinic and the Oakpark extended care facility. The unmentioned noised are impact noises: train cars coupling, cranes d..,,.r:ng junk (at an estimated frequency of 4-6/min), and car crushing (the crane lifts up a steel beam and repeatedly drops it onto a car). These noises will be frequent which is the issue. It would be like someone pounding a nail into your office wall. If this happens only occasionally it's not an issue; but all day long is certainly going to drive you crazy. As an Ears/Nose/Throat physician I deal everyday with noise/hearing issues. The noise concerns raised by this zoning change are not insignificant. Please consider them and vote against the planned zoning change. Sincerely, L Peter Alt CONFIDENTIALITY NOTICE: This message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged i,,,~,,.,a~on. Any unauthorized review, use, disGosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply a-mail and destroy all copies of the original message. The views expressed in this communication are that of the individual and shall not be construed as those of Medical Associates or any of its entities. file://C:\Documents%20and%205ettingsljschneid.000\Local%20Settings\Temp\JC'GrpW... 05/12/2006 May 12, 2006 Dubuque City Council Members Attn: Ric Jones City Hall 13`h & Iowa Dubuque,IA.52001 Dear Councilman Jones and all Council Members: It has come to my attention that the City Council of Dubuque is considering constructing a recycling scrap yard on property that is adjacent to Oak Park Place. This cannot happen for a number of reasons. This idea comes at a time when most cities are moving such enterprises to the outskirts of the area, not within a functioning, upscale neighborhood. The proposed junk yard will be visible from condominiums and assisted living apartments in the Senior Living community at Oak Park Place. Our residents have lived in Dubuque for years and helped build it into the fine community they cherish. Destroying the ambiance of their new neighborhood with this scrap yard is unconscionable. Not only will the junk yard be unsightly and noisy but other potential health hazards for the seniors living at Oak Park Place must be considered_ The land that is being proposed is considered park land. It was originally owned by Medical Associates who donated it. Oak Park Place sacrificed a portion of the land to grant easement for access to the park area. One of Dubuque's beautiful bike trails is slated to come through the area and those riders will not appreciate the presence of a junk yard in such a beautiful area. It is precisely because of the peaceful, quiet, park-like atmosphere that is in that area that Oak Park Place selected the site for its senior community. It must not become a scrap yard, but should remain apark-like setting for the sake of the seniors living at Oak Park Place and their neighbors nearby. Thank you for your consideration and immediate attention to this extremely important matter. Yours truly, Scott Frank President CEO, Oak Park Place, LLC Karen Chesterman -Dear Mayor Buol.doc Dear Mayor Buol and City Council Members: I am writing to respectfully ask you to consider denying the proposed salvage yard on North Crescent Ridge. Page 1 I have attended the city zoning meetings and expressed my concerns when I was able to attend. At every meeting I attended there were more business representatives and individuals that are opposed to this zoning change than there are for the zoning change. At the last zoning meeting a high dollar misleading slide show was used to persuade the zoning board to vote for the change. IT'S NOT RIGHT!!! This is not a place for an industrial business. I understand the reasons they need to relocate out of the downtown area and that's not a good enough reason to put them in another area they shouldn't be in. In 2003 I invested 3.2 million dollars in Dubuque to construct a state of the art motorcycle and A.T.V. dealership. I choose to build at 145 North Crescent Ridge because it was a commercial area, not a residential area and certainly not an industrial area. One of my concerns is that the value of my investment will drastically decrease with a junkyard at the end of the street. When I purchased the land my intent was to build an out of harm's way, yet welcoming store for our two wheeled community. This leads me to another big concern I have for my customers. Their Safety while visiting my dealership. I understand that Alters intends to keep their property cleaned i up, but our problem is the amount of debris (screws, nails e.t.c.) that fall off vehicles that alters has no control of while going down the street to the junkyard. This will drastically increase the chance of my customers picking up a piece of metal in one of their two tires putting them at more than normal risk of having a tragic accident when they pull back out on to the hi- way. The debris and traffic is always a concern with 4 wheeled vehicles, but it is a trepidation when it comes to two wheels. ~ I thank you very much for your consideration. - Clay Wilwert President, Wilwerts Ina Auto recycler worries enviro group Alter Trading would employ 70 at its new scrap yard, but the legitimacy of the business's city permit is questioned Tuesday, February 28, 2006 By ANDREA JAMES and BEN RAINES Staff Reporters City officials can't agree on how to classify a new scrap metal facility that will shred cars on the Mobile/Chickasaw line, and an environmental group is worried that the city improperly granted a business permit without holding a public hearing. Alter Trading Corp., one of the largest scrap metal recyclers in the country, said its facility along the Mobile River in Chickasaw will provide 70 new jobs and sell metal to local steel mills and foundries when it opens in mid-2006. The company said it deaded to build its $20 million facility in Mobile because one of its largest customers, IPSCO Inc., operates a steel mill in Axis in north Mobile County. 'This facility would help us to better serve them," said Bdan Chamberlin, regional vice president for the company. Alter expects to begin shredding cars in May, and will also handle junk metal from stoves, refrigerators and laundry machines. State officials say the facility - to be called Alter Scrap Processing of Mobile -will have to obtain permits for air pollution and for stormwater runoff, but Alabama Department of Environmental Management officials said the company had so far only applied for aconstruction-related permit. Until the permit application process gets under way, it will be difficult to determine the full environmental impact of the facility, according to officials. It is clear that car shredding operations deal with huge volumes of toxic fluids, including transmission fluid, engine oil, gasoline, antifreeze, and the refrigerants for air condRioning systems. Those materials must be removed before the cars are beaten into small pieces by the shredder mechanism. Shredder operations have also been shown to contribute to mercury pollution. Certain switches inside millions of automobiles -particularly switches for hood and trunk lights, some anti-lock brake systems and some older air bag systems -- contain small capsules of mercury. Unless those switches are removed before prs are shredded, mercury is eventually released into the air when the cars are melted down for feedstock at mills such as IPSCO's. The amount of mercury bound up in the steel can be relatively large. Older cars, particularly those made before 2002, may have two or more grams per vehicle. A facility that handles 2,500 older cars a month could process more than 100 pounds of mercury a year that could eventually be burned and released in a smeking facility elsewhere. It's not clear how much mercury could ultimately be released in Mobile County. In comparison, Alabama Power Co.'s Barry Stream Plant in Mobile County, the area's largest known source of airborne mercury emissions, releases about 600 pounds a year. Page 1 of 4 http://www.al.com/printer/printer.ssf?/base/business/1 14 1 121 73 1238900.xm1&coll=3 &thispage... 5/15/2006 al.com's Printer-Friendly Page Some states have passed laws requiring that shredder operations remove the switches at the same time the fluids and other hazardous materials are flushed from the car. According to mechanics, many of the switches can be removed in seconds with nothing more than a screwdriver. Alter Trading has said it will remove the mercury from the cars if it has to, but hasn't gotten to a point where those decisions have been made, Steve Soltis, vice president of operations, said from Mississippi, where the company is doing storm clean up. "We'll do whatever is environmentally correct to do," Soltis said. "If it's required and it's environmentally correct to do around here, that's what we'll do. As we start getting loser to operations, we'll talk to ADEM and local environmentalists and do whatever we have to do." ADEM said in a statement Friday that there is no Alabama law regulating the removal of mercury switches from automobiles, though stormwater runoff and the disposal of mercury, oil, gasoline and batteries are regulated. In the statement, ADEM spokesman Jerome Hand also said that representatives from the agency inspected the Alter Scrap Processing facility Friday, but had not filed a report before ADEM's offices closed for the week. Heavy metal in Mobile Construction on the Chickasaw property, which formerly belonged to Overseas Hardwood, began in mid-January, according to Chris Morehouse, who last month moved from Iowa to Spanish Fort to manage the operation. It has water, rail and truck access but is also in a flood zone -- much of the surrounding Port of Chickasaw was underwater during Hurricane Katrina. The company has said that hazardous materials from the cars are contained and sometimes recycled, depending on the fluid. Gasoline, for example, either goes to a refinery or is filtered and given to employees, Soltis said. The plant is a work in progress, Morehouse said Thursday. Work crews were building roadways and storage pads at the site, which has already been cleared of unwanted small buildings. W.G. Yates & Sons Construction Co. is the general contractor, Morehouse said. In late December, Metso Corp. of Finland, announced that it would sell two metal shredders to After Trading, one bound for Mobile and the other for Iowa. Metso Texas Shredder Inc., a subsidiary, is to deliver the Mobile shredder in April, according to Metso The value of both shredders is about $12 million. The Alabama shredder will be able to process 27,000 tons of metal scrap per month, three times the volume of the Iowa machine, according to Metso. Once operational, the Chickasaw plant is expected to process 300,000 tons of scrap metal per year, with half of that coming from automobiles and the remainder from appliances and sheet metal, Chamberlin said. Scrap metal and cars are initially stored in buildings on site, then moved into the shredder by cranes, Morehouse said. An entire car can be fed into the shredder at one end and will emerge at the other end in three piles: aluminum, steel and a third for unwanted plastic and upholstery. Morehouse said he has seen technology improve in the 12 years he has been in the metal recycling business. He called today's process more efficient. A pile of scrap metal almost two stories high sits nestled among the trees at Alter's Chickasaw site waiting to be processed. The metal was collected from 6,000 tons of appliances collected from Biloxi and Pascagoula after Hurricane Katrina, according to Chambedin. Alter Trading has an agreement with Hanison County to clear debris at no charge, and in return is able to keep the seep metal, according to Bob Ellis, vice president and general counsel at Alter Trading. Page 2 of 4 http://www.aLcom/printer/printerssf?/base/business/ 1141121731238900.xm1&co11-3 &thispage.:: 5/15/2006 al.com's Printer-Friendly Page "We worked with the taty to clean these up," Chamberlin said. The unwanted debris, including trees and wood, was put in landfllls. The remaining dishwashers, refrigerators, washers, dryers and furnaces were compressed, baled like hay, and brought to Chickasaw, he said. "We have a lot of handling transportation costs," Chamberlin said of the agreement with Harrison County. "I don't think we'll lose money, (but) it's not a home run" Permits & public hearings Similar operations proposed by Alter have encountered stiff resistance in other parts of the country. When Attar tried to locate a shredder in St. Paul, Minn., the City Countal rewrote city code to specifically prohibit large shredders, because of environmental and other concerns. Casi Callaway, diredor of Mobile Bay Watch, contends that the company snookered Mobile officals when applying for various business license documents. "They avoided a public hearing by making themselves a recycing center, when clearly they're a junkyard under the city's zoning regulations;' Callaway said. The company said that it did not mislead the city and has worked with an environmental consultant to meet all state requirements, according to Ellis. Under taty law, junkyards require a more complicated permit application process than recycing centers and must get spetaal permission before being approved. Sometimes, that spedal permission involves public hearings. The zoning permit issued by the Mobile Urban Development Department -which is required to obtain a business license -- describes Altar's operation as a "scrap metal recycling facility." Such fatalities may be approved without further review, according to city zoning documents. But, the taty's revenue department, which issues business licenses, describes Altar's facility as a "junk shop/dealer," a designation that might require a more formal examination by taty inspedors before approval can be granted. "They applied as a recyGer to get through zoning, then got their business license as a junkyard," said Patrick Courtney, a lawyer working with Bay Watch. in response to Bay Watch's complaint, the company's local lawyer, Douglas Anderson, wrote to the taty, "Mr. Courtney even goes so far to claim that we intentionally mislead your staff in describing ourselves to be a 'recycling' facility like Keep Mobile Beautiful. This is a complete distortion of the fads." Anderson also pointed out that Alter provided a written description of its operation to zoning officials when it applied for permits. While that description does not mention cars, it describes a "full-service, state of the art scrap metal recycling fatality" that will "buy, sell, process and transport" metal. The document clearty states the company will also "bale and ship" metal, a distinction that seems to fit within the city code definition of a junkyard. Facilities that perform those functions require spedal review from the Planning Commission, possibly including restrictions or conditions of operation, decisions that would be up to Mobile zoning officals. "We believe that (Bay Watch is) misinformed on the fads," Ellis said. "We're a very environmentally proactive company." Officials in the zoning office said Thursday that they were unsure if their initial zoning decision was appropriate for the fatality. "The certificate issued by our ofice was for recycling. We are looking into it based on Mr. Courtney's concerns, and we are looking into how they applied," said Richard Olsen, in Mobile's zoning office. "We are Page 3 of 4 http://www.al.com/printer/printer. ssf?/base/business/ 1 141 121 73 1238900.xm1&co11=3&thispage... 5/15/2006 al.com's Printer-Friendly Page looking into it, comparing the information provided by the applicant with what they will be doing at the facility." The company's application is to be examined by city lawyers after Mardi Gras Day, Olsen said Corporate connections Founded in 1898, Alter Trading is family-run and employs about 400 people, according to the company. It bills itself as one of the largest scrap processors in the country, operating 17 scrap recycling facilities. Its annual sales exceed $500 million, Ellis said. The Mobile plant will become one of the St. Louis-based company s larger operations. The average wage for the new workers will be the "prevailing wage for laborers and operators and mechanics," Morehouse said. John Comrie, spokesman for IPSCO, confirmed that Alter is one of numerous suppliers to the company's mills, and that the company "has provided good service to IPSCO over the past 10 years." Alter's Mobile plant will be its first in the South, but the company's ties to the Gulf Coast are not new. Alter Trading's chief executive officer, Robert Goldstein, is also a director at Isle of Capri Casinos Inc., which runs casinos on the Mississippi Gulf Coast. Aker Trading's parent company, Goldstein Group Inc., also owns a company that runs 400 barges on the Mississippi River and a fleeting operation in New Orleans. The company is interested in helping with hurricane cleanup because of these ties, Chamberlin said. "We're going to be there long term;' Chamberlin said. 'This is a permanent installation." (Staff Reporter George Talbot contributed to this report.) ® 2006 The Mobile Register © 2006 al.com All Rights Reserved. Page 4 of 4 http://www.al.cotn/printer/printer.ssf?/base/business/114112173123 8400.xm1&coll=3 &thispage... 5/15!2006 KANE, NORBY & REDDICK, P.C. A'1'rORNEYS Brian J. Kane 2100 ASBURY ROAD, SUITE 2 Gary K. Norby DUBUQUE, IA 52001-3091 ],es V. Reddick* U. Flint Drake** Bead J. Hcying 'Todd ],. Stevenson* MaryBerh Pfeiler Fleming Of Counsel: Kevin T. Deeny Louis P. Pfeffer John ll. Freund All admitted in Iowa Phone (563) 582-7980 *Also admitted is Illinois Facsvnile: (563) 582-5312 **Also admitted in Wisconsin E-mail: gnorby@kanenorbylaw.com May 15, 2006 The Honorable Mayor and Members of the Dubuque City Council and City Manager City of Dubuque 50 West 13th Street Dubuque, IA 52001 , Re: Request by Alter and Tschiggfrie for Rezoning of 190 N. Crescent Ridge, Dubuque, Iowa Deaz Honorable Mayor and Members of the Dubuque City Council: We are attorneys for Tschiggfrie Excavating Co. and Alter Trading, the applicants in the above referred to rezoning matter. In our opinion, the proposed rezoning complies with Dubuque's Zoning Ordinance, including planned unit development (PIJD) provisions and screening requirements. Granting the rezoning request will serve the public interest. The Develonment Meets the Requirements of the Rezoning Ordinance The Dubuque rezoning ordinance provides in section 6-1.1 that: [I]t shall hereafter be the policy of the City Council to reclassify property only where a clear showing has been made that the original classification was a mistake or that circumstances and conditions affecting the property in question have so materially changed so as to demand reclassification in the public interest. The reclassification of 190 N. Crescent Ridge is proper and in the public interest. The circumstances and conditions affecting the property, which is currently zoned C-3 and CS- Commercial Service and Wholesale, have changed. The property has remained undeveloped and underutilized for years as it is currently zoned. Amultiple-tenant or large commercial development I{ANE, NORBY & REDDICK, P.C. May 15, 2006 Page 2 would significantly increase traffic in the area, create congestion and noise, and mayrequire the City to expend resources to improve the neighborhood infrastructure. The current zoning also allows for uses that would have a much greater visual and auditory impact on the surrounding properties than the proposed development. The cun•ent C-3 and CS zoning would allow for developments such as lumberyards and building material sales, construction supplies, sales and service, printing and publishing, contractor shop or yard, freight transfer facilities, fuel/ice dealers and manufacturers, processing or assembly, tool and die, pattern making, and welding services. None of these uses would be subject to the heightened screening requirements to which the proposed development is subject. Further, it is in the public interest to have Alter's recycling operation relocated from Dubuque's riverfront. The Development Meets the Purposes and Conditions of the Planned Unit Development Ordinance Alter's proposed development serves the purposes of a planned unit development set forth in Section 3-5.5(A) of the PTJD ordinance, such as: (1) To allow a workable, interrelated mix of diverse land uses; (2) To encourage flexibility in desien for efficiency and cost savinv_ s for the developer and the community; (3) To maximize the potential for larse-scale office, residential, commercial and industrial development and at the same time reduce to a minimum the impact of the development on surrounding land uses and the natural environment; 8) To encourage the careful desien and nlannine of lareer_ development projects; (9) To give developers reasonahle assurances reaardina nroiect approvals before the unnecessary expenditure ofdesign efforts, while providing the city with appropriate assurances that annrnved PTTI~'c will retain the character envisioned at the time of project approval. The proposed development also meets all of the general standards for PUDs contained in section 3-5.5(D)(1): (1) General Standards: KANE, NORBY & REDDICK, P.C. May 15, 2006 Page 3 (a) The density and design ofthe PUD shall be compatible in use, size and type of structure, relative amount of open space, traffic circulation and general layout with adjoining land uses, and shall be integrated into the neighborhood. (b) The PUD shall take into consideration the impact on existing streets and utilities. (c) The economic, environmental and neighborhood impacts of the development shall be considered. (d) The PUD shall conform with the adopted long range comprehensive plan. The density and design of the proposed development aze compatible with the surrounding properties. The use of the property to recycle metal is compatible with the surrounding uses. Sound measurements made by an independent firm demonstrate that Alter's operations will be similar to the decibel level from traffic and commercial uses that currently exist in the area. The type of structures that will be part of the development are commerciaUwazehouse buildings similar to those on the adjacent properties. The development is also compatible with the proposed adj acent bike and hike trail as the current "trail system winds it way through industrial areas, residential and mixed-use neighborhoods, and downtown Dubuque." The proposed development also incorporates a significant amount of open space, with the planning staff reporting that "approximately 60 percent of the site will remain undeveloped." Alter also revised its prior PUD proposal, reducing the size of the proposed development from 22 acres to 7.9 acres in order to leave a larger buffer of undeveloped land for the residents located to the south and east of the development. With respect to the traffic, the planning staff reports that "the number of vehicle trips from the proposed business will be less than the number that would be generated if the subject property was developed as currently platted" and "the proposed business will not significantly impact the adjacent street system." The development provides for employee and customer pazking and a paved area for vehicle maneuvering inside the screened development. Vehicle maneuvering is prohibited on Crescent Ridge Road. Thus, the proposed development will create less traffic and street impact than the commercial development for which it is currently zoned. Further, Alter's current neighbors have written numerous letters of support attesting to the fact that Alter's operation has not caused any traffic problems or problem with debris in the streets. The proposed development will have no negative environmental impact. Alter is subject to extensive federal and state environmental regulations and is monitored and required to report to the IowaDepartment ofNatural Resources and U.S. EPA. Alter employs both an internal environmental KANE, NORBY & REDDICK, P.C. May 15, 2006 Page 4 auditor and an independent environmental auditor to perform on-site audits of environmental compliance at each Alter facility to ensure that each facility is maintaining compliance with all Federal and State environrental laws and company environmental policies and plans. Rather than harm the environment, the proposed development will improve environmental conditions on the property by implementing a DNR and City-approved storm water plan and improvements. The facility will also improve the environmental conditions of Dubuque by recycling metal and properly disposing of materials that would otherwise end up in city landfills. The proposed development is extensively screened so as to diminish any visual or auditory impact on the surrounding properties. The proposed development contains a screening plan in compliance with Dubuque's screening ordinance. The screening plan incorporates natural elements. Screening along the north and east sides of the development will be 16 feet high and 10 feet high along the south and west sides of the yard. In addition, a 30-foot high and 400-foot long storage building pazallel to the north fence provides additional thorough screening for the properties lying to the north and south. IIW Engineers & Surveyors, P.C. has studied the screening plan and created an accurate computer model which demonstrates that the plan effectively screens the development from the view of the surrounding properties. The Development Conforms with Dubuaue's Lon¢-range Comprehensive Plan The proposed development also conforms with the objectives of Dubuque's long-range Comprehensive Plan such as: 3.1 Promote the retention and expansion of existing, and attraction of new, industrial development opportunities in suitable locations, including airport environs. 3.4 Lessen negative impacts to residential areas which are located near industrial azeas. The proposed development retains and allows expansion ofamuch-needed industrial service provider, which provides valuable services to the local community by recycling metal, appliances and other material and reducing the material that would otherwise be placed in local landfills. Alter Trading has provided this valuable service and acted as a proactive and responsible corporate citizen for 30 years in Dubuque. During this 30-year history, Alter has been cited for violations during only six days of its operation. These citations were made more than eight years ago and Alter has been in full compliance with all City ordinances since resolving the incident. Alter has been looking for more than ten years for a site so that it can relocate from Dubuque's riverfront, expand its operation, and utilize the existing infrastmcture. There simply are no other suitable sites for this essential recycling service. Alter cannot relocate to the City's industrial park because of covenants prohibiting its operation in the industrial pazk. Alter will invest more than KANE, NORBY & REDDICK, P.C. May 15, 2006 Page 5 $3 million in the community through the proposed development. The expansion of its operation will create new jobs and allow Alter to keep even more appliances and recyclable waste metal out of Dubuque landfills. As discussed above, the development plan includes extensive screening and multi-acre buffer zones to minimize any impact on the surrounding areas. The development plan is also consistent with the following provisions of the long-range Comprehensive Plan: 4.1 Protect and preserve existing open space and park land to meet the community's needs. 4.2 Encourage expansion of urban green spaces in suitable locations. 4.3 Provide open space easily accessible to residents at neighborhood level. 4.4 Incorporate green space into all new development wherever possible. 4.6 Protect and enhance riverfront and related wetlands, waterway corridors and other sensitive land areas. 5.1 Define and enhance city gateways and focal points to create a sense of place. The proposed development incorporates green and undeveloped space with "approximately 60 percent of the site" remaining undeveloped, according to planning staff reports. The development's screening plan preserves and incorporates natural organic elements. The development will protect and enhance Catfish Creek by curing the current concerns with stone water run off into the Creek. The relocation of Alter's operation to Crescent Ridge will also serve the following objectives of the Comprehensive Plan by allowing redevelopment of Alter's current riverfront location. 5.4 Promote quality in the design and construction of new public and private development. 6.1 Promote a compatible mix of land uses that create a diversified urban environment that mixes shopping, employment, recreation and residential opportunities where appropriate. 6.2 Buffer and protect incompatible uses from each other. 6.3 Limit sprawl and aggregate travel time through use of mixed use developments. KANE, NORBY & REDDICK, P.C. May 15, 2006 Page 6 7.1 Encourage redevelopment or adaptive reuse of vacant or underutilized buildings and sites. 7.2 Promote in fill development, where appropriate, to encourage more compact urban form and avoid needless and costly sprawl. 7.3 Promote redevelopment that maximizes existing infrastructure. The proposed multi-million dollaz development is ofhigh quality, design and construction. The addition of Alter to the neighborhood creates a compatible, diverse mix of land uses while providing both auditory and visual buffers to the surrounding properties. The relocation of Alter's operation to an unutilized lot within the City avoids needless urban sprawl. The development also makes use of an underutilized site that has remained undeveloped for years, uses existing road and rail infrastructure, and does not require the City to expend any resources expanding its infrastructure. The Development Complies with the Screenin¢ Ordinance Dubuque City Code section 29-6 requires the operator of a salvage operation to "submit to the city development planner a screening plan which shall be approved for each individual premises." Dubuque City Code § 29-6(a). The screening plan must "integrate the screen with the natural surrounding and shall consider and make provisions to assure reasonable access to the screen for purposes of maintaining the screens" and is to consist generally of natural objects, plantings, fences, sheds, buildings, or other elements. § 29-6(a),(c). The stated purpose of section 29-6 "is to eliminate the visual impact of the junkyard contents by obscuring it from view from outside the premises." §29-6(b). An ordinance should be given "a sensible, practical, workable, and logical construction." Wollenzien v. Boazd of Educ.. 297 N.W.2d 215, 217 (Iowa 1980). An interpretation "should avoid strained, impractical or absurd results." Iowa Nat. Indus. Loan r n. v. T~wa crate, 224 N. W.2d 437, 440 (Iowa 1974). The words "surrounding" and "obscuring" must be given a reasonable int.,.~,~.,~ation in applying the screening ordinance. Because of the many bluffs in Dubuque it is impossible to create a screening plan that will completely hide a salvage yazd from all fields of view. To interpret the ordinance as requiring a screening plan to completely hide the view of a salvage yard from all properties would effectivelyprohibit the operation of salvage yards in Dubuque as it would be impossible for the yazds to screen their operations from distant properties at much higher elevations. Such an interpretation would create an absurd result that would be contrary to the intent of the City Council in enacting section 29-6. Further, the plain meaning of"obscure" does not mean that an object must be completely hidden from view. Rather, it means only that an object is "not clear, easily noticed or seen." Prohibiting operation of salvage yards was not the intent of the KANE, NORBY &REDDICK, P.C. May 15, 2006 Page 7 City Council in enacting section 29-6. Rather, the intent was to lessen the visual impact of the salvage yards. The Rezonin¢ of 190 N. Crescent Is Legal and Within the Power of the City Council Zoning decisions are an exercise of the police power to promote the health, safety, order and morals of society. Anderson v. City of Cedar Ranids_ 168 N.W.2d 739, 742 (Iowa 1969). Zoning ordinances aze presumed valid and if their reasonableness is fairly debatable they must be allowed to stand. Jaffe v. City of Davenport. 179 N. W.2d 554, 555 (Iowa 1970). "[Z]oning is not static, any existing restrictions being always subject to reasonable revisions with changing community conditions and needs as they appear." Anderson v. City of Cedar Ranids.168 N.W.2d 739, 743 (Iowa 1969). "[I]t is not only proper but highly essential that our municipal officials periodically review and update zoning regulations. Welfare ofthe people, present and future, will not permit adoption of a passive attitude in these matters." Id. "Generally speaking, amendatory or subsequent zoning ordinances maybe enacted where they are necessary to secure the public health, safety, morals or welfare or other legitimate object of the police power. Or zoning ordinances maybe repealed upon the same basis. Clearly a municipality vested with the power to comprehensive zone its area must have power to amend its zoning ordinances from time to time where there are substantial changes of conditions, which inevitably occur, and where the amendment has some reasonable relation to the end sought to be obtained, viz., a furtherance of the public interest. The reason is that zoning is not static, but it changes with changed conditions and the complexities of the modern age. If the rule were otherwise there would be no progress." Brackett v. City of Des Moines. 67 N.W.2d 542, 545 (Iowa 1954). As is detailed above, rezoning 190 N. Crescent Ridge to allow for the proposed development will fiu-ther the public interest. Retaining and allowing the expansion of an essential recycling business which keeps thousands of tons of waste and old appliances out of Dubuque's landfills is in furtherance of the public's health and welfare. It is appropriate, legal and in the best interest of the community as a whole to have the proposed development approved. Thank you. Sincerely yours, KANE, NORBY &REDDICK, P.C. gy ~ ~ ~ C~~ GKNap Karen Chesterman - MVM alter scrap noise complaint.doc Page 1 __ _ __ lHE CITY OF /i '. ~~ DuBt MEMORANDUM May 15, 2006 TO: Michael C. Van Milligen, City Manager FROM: Mary Rose Corrigan, RN, Public Health Specialist SUBJECT: Alter Scrap Noise Complaints ~~ The Health Services Department has not received any noise complaints regarding the Alter Scrap Processing operation at 180 Harrison Street. This is according to Incident ~ Tracking system and a review of hard copy files. If you have further questions, please advise. MRC/cj ~I ALTER TRADING COMPANY North Crescent Ridge Site PRESENTATION IMAGES May 15, 2006 ALTER TRADING COMPANY North Crescent Ridge Site PRESENTATION IMAGES May 15, 2006 Alter Trading Company - North Crescent Ridge Site Near Camera 1 - Existing view from street location, note Tim Waugh standing on right side of photo to scale Alter Trading Company - North Crescent Ridge Site Camera 1 - Existing view from near location where Tim was standing in previous photo, representative of ground level in back of future condo Alter Trading Company -North Crescent Ridge Site Camera 1 - Computer rendered image from ground level at back of future condo Alter Trading Company -North Crescent Ridge Site Camera 2 -View from Oak Park Place third story south facing window in southwest corner Alter Trading Company - North Crescent Ridge Site Camera 2 - Computer rendered image from the third floor southwest corner of the west wing of Oak Park Place Alter Trading Company - North Crescent Ridge Site Camera 3 - View from Oak Park Place third story south facing window in center of building Alter Trading Company - North Crescent Ridge Site Camera 3 - Computer renedered image from the third floor center of the south wing of Oak Park Place Alter Trading Company - North Crescent Ridge Site Near Camera 4 - Westerly condo on cul-de-sac. Computer rendered view relative to third story south facing window in southeast corner Alter Trading Company -North Crescent Ridge Site Camera 4 - Computer rendered image from the third floor of future condo just east of existing condo Alter Trading Company -North Crescent Ridge Site Camera 4 - Computer rendered Image from the third floor of future condo just east of existing condo Alter Trading Company -North Crescent Ridge Site Camera 4 Computer rendered image from the third floor of future condo just east of the existing condo Alter Trading Company - North Crescent Ridge Site Camera 5 - Computer rendred image from backyard of residence directly east of Hobby Lobby closest to the site showing 6 foot fence with cut-way section to show view being hidden Alter Trading Company -North Crescent Ridge Site Near Camera 6 -View from front entrance of Medical Associates, note foreground is white snow in shadow Alter Trading Company -North Crescent Ridge Site Near Camera 6 -View from front entrance of Medical Associates, note foreground is white snow in shadow Alter Trading Company - North Crescent Ridge Site View from near southeasterly edge of future parking area. Alter Trading Company -North Crescent Ridge Site Camera 5 - Computer rendered image near second flooe southeast corner of the building Alter Trading Company - North Crescent Ridge Site Camera 6 - Computer rendered image near third floor southeast corner of the building Alter Trading Company -North Crescent Ridge Site Camera 7 - Computer rendred image from floodplain of Catfish creek directly south of Oak Park near location of proposed bike trail. All tree screening has been removed for clarity, 12' high fence shown Alter Trading Company - North Crescent Ridge Site Camera 8 - Computer rendered image from 25' above the interior of the site, looking at Oak Park Place. Building in foreground is 30' high at the near edge, and 40' at the left side. KAMPERMAN ASSOCIATES INC. 312 wgshia~ton Avenue wbcantin Dells, 1vl 53465 Pbant: 608-255656 FAi: 608-253.5238 Email: geor6e~?kampermaa.cam December 7, 2005 Robert Hartig, AIA Director of Facilities Medical Associates Clinic 1500 Associates Drive Dubuque, IA 52002 5.:.;ec.t: Noise impact ofFed Alter Tradnnt; Scrap Yard This letter is in response to your telephone call followed up with an E-mail with numerous photographs and site plans of the proposed scrap yard to he located on the south side of the CC&:P Railroad anal the north side of US-20 and about 2,000 feet east of Hwy-32. Modern day scrap yards are very productive and move many tons of iron and steel daily for reprocessing by others such as steel mills. Scrap is moved, sorted and loaded into f railcars by mobile cranes using electric magnets to pickup and release the scrap metal. This activity produces a very high level. of impact noise with each release of the scrap metal from. the electric magnet. l have been providing noise control consulting services for a steel. mill in Wisconsin far several years. The steel mill operation that continually generates the most complaints from residents is the scrap yard operations. Yet the nearest residents are all more than 1,000 feet from the scrap yard. Over the years, the steel mill has been making numerous procedural changes and partially enclosing the scrap yard. The steel mill has eliminated alt nighttime movement of railcars, terminated all night delivery of scrap and retrained all crane operators to not drop any scrap during nighttime. During nighttime hours the crane operators carefully lower the scrap to rest the load on tap of the existing scrap pile before releasing the magnet. The continuing challenge is to quietly build a scrap pile without having the pile suddenly shift and slide {due to gravity) which can produce a high noise level. This careful handling of scrap slows pradu.etion significantly and is sametime~s difficult to enforce the "quiet" operational procedures. At the present time 1 am providing engineering noise control recommendations far a new steel mill in Chicago next to a residential area similar to the proposed Alter Trading operation. This steel mill will have a scrap yard associated with a large electric arc furnace. The melting of scrap metal is the current trend for producing high grade steel products. The process involves far less energy and air emissions than heating iron ore. At the initial meeting on this steel mill project the company president agreed to a totally KAMPER ASSOCIATES INC. Robert Hartig December 7, 2405 Page 2 of 2 enclosed scrap yard operation. The scrap yard building is to be constructed with special acoustical walls, doors, roof and a silenced ventilation system to contain all scrap yard related noise within the building. The scrap building will be large enough to contain railcars and scrap trucks with all acoustical doors closed. This type of enclosed scrap yard operation is required to meet the Chicago andJor State of Illinois objective noise limit standards at residential land use 500 to 600 feet from the facility, Needless to say, the transfer operations such as these are to enclose such activities when they are located near residential areas. The proposed Alter Trading scrap yard operation in Dubuque would have assisted tieing residents starting at a distance of 500 feet north-northwest of the proposed scrap yard, a large residential area starting about 830 feet north of the proposed area, two existing occupied homes 550 feet. south of the proposed. area and i~~o hotels less than 900 feet southwest of the proposed scrap yard. It is my professional opinion that the proposed Alter Trading scrap yard could not meet the Chicago ar State of Illinois environmental noise limits even with the addition of practical noise ban•iers. Furthermore, the resulting impact noise from the scrap yard would be judged very disturbing to many residents in the area because the impact noise emission from scrap yard operations is so different in character from normal urban vehicle noise. Sincerely, KAMAERMAN ASSOCIATES INC. George Kamperman, P.E., Bd. Cert. Institute of Noise Control Engineers RESUME George W. Kamperman, P.E., INCE Sd. Cert. Consulting Engineer in Acoustics Education & Professions! Experience: B.S., Alma College; graduate study (acoustics), Massachusetts Institute of Technology; Noise and Vibration Laboratory, General Motors Proving Ground; Bolt Beranek and Newman Inc., Consultants in Acoustics; President of Kamperman Associates Inc. Professional Societies: Fe11aw, Acoustical Society of America; Board Certified Member: Institute of Noise Control Engineering; National Council of Acoustical Consultants; Registered Professional Engineer. Professional ftesponsibitities: Mr. Kamperman was in charge of the acoustical Instrumentation Laboratory at Bolt Beranek and Newman Inc., Cambridge, Mass., where he t+~as responsible for developing new equipment and procedures for the measurement of sound and vibration. He opened a Chicago area office and developed a consulting activity in industrial noise control for Bolt Beranek and Newman. Inc. In 1972 he established the f nn of Kamperman Associates Inc., specializing in noise and vibration control and environmental impact studies. He has lectured at many courses and seminars. His project responsibilities have concentrated in the area of noise and vibration measurement anal control in a wide variety of buildings and machinery. Standards & Test Codes; Mr. Karnperman has had a major role writing numerous Noise Regulations, Standards, and Test codes to assist business, industry and agencies in the developmeni of practical methodololry: City of Chicago Noise Ordinance. State of Illinois Noise Regulations. SAE J 1$4 Qualifying a Sound Data Acquisition System.. SAE J952B Sound Levels for Engine Powered Equipment. SAE J l 075 Measurement Procedure for Rating Sound Level of Construction Job Sites. SAE J$$ Sound Level Measurement Procedure for Powered Mobile Construction Equipment. ANSI SI.2 Method for the Physical Measurement of Sound. ANSI S 1.11 Octave, Half:Oetave, &Third-Octave Band Filter Sets. ANSI S l .4 Specification for General Purpose Sound Level Meters. ANSI S 12.7 Methods for the Measurement of Impulse Noise. ANSI S I -62 Measurement and Evaluation of Community Noise. ANSI S l .25 Specification for Personal Noise Dosimeters. ANSI S 12.9 Quantities/Procedures for. Description and Measurement of Environmental. Sound Kamperman Resume Cananued A .Partial Listing of 'Papers and Publications: "Performance of Sound and Vibration Instrumentation," Nvise Reduction, L. L. Beranek, Ed. {McGraw-Hill Book Co., Inc., New York, 1.960), Chap. 6. "Sound," ISA Transducer Cornpendiunr, E. J. Minnar, Ed. {Instrument Society of AmericalPlenum Press, New York, 1963), Chap. 6. '"Vibration Isolation Effectiveness of Inertia Pads Resting on Soil.," Journal ofSpaeeeraft and Rockets, AIAA, Vol. 2, No. 2, March-April 1965, pp, 182.-186. "Instrumentation For Noise Measurement," Tutorial Papers nn Noa^r (_'ontrol, Inter-Noise 72, October 1972, pp. 84-97. "Effects and Control of Highway Traffic Noise," Transportation Engineerink• Jaurr:a! of ASGE, May 1973, pp. 307-322. "Ways to Weigh Noise Outdoors," Nvise Control Engineerir:g Journal, Vol. 1, No. 1, 1.973, pp. 40-45. "A New Technique for Evaluating Personal Noise Exposure - A Statistical Approach," Natior:al Safety News, January ] 974, pp. 76-79. "Operator Noise Colitrol in Construction Machinery," Praceedin~~s, Reduction ofMael~inery Noise, Purdue University, 1975, pp. 261-277. "Machine Element Noise," Handbook Of Industrial Noise Cor:trol, L. Faulkner, Ed. (Industrial Press Inc., New York, 1.976), Chap. 8. Real Time Frequency Analyzers far Noise Control," Noise Control Errgineerinb- Journal, Vol.. 9, No. 3, November/December 1977, pp, 131- 136. "Human Response to Blasting Noise and Vibration," Proceedings aflnter Noise $Q, December L 980, pp, 979-984. "Motorcycle Acceleration Noise in the Urban Setting,'" Proceedings of Noise-Con 81, June 198I, pp. 241-244. "Controlling Noise at the Source," Natianul Safety News, April 1982, pp. 60-62 INDUSTRIAL NOISE CONTROL ENGINEERING by George V~'. Karnperman Advanced Transformer Company: Production facility noise control Allis-Chalmers: Noise control on dozers, tractors, loaders, lift trucks Amcast A'leta-Mold Corporation: Interior noise reduction far aluminum casting operations American Air Filter Company: Noise control in product development American Bridge: Vibration. analysis of bridge operating mechanism American Can Company: Plant noise control seminar American Motors Company: Auto production line noise control Amoco Oil Company: Process noise control at Whiting oil refinery Ampaeet Gorporatian: Noise control in plastics manufacturing Appleton Papers: Reduced noise exposure on high-speed paper coating systems Aqua-Chem, Inc.: Quiet reverse osmoses water purification systems in ISO Container enclosure $rumund Foundry: Noise control in foundry operations .1. C. C. se: Noise test-'~acilay design and tractor Hoist control Caterpillar Tractor: Crawler tractor noise control Chrysler Airtemp: Development of low noise domestic air conditioning unit Colt Industries, Fairbanks-Morris: Large engine noise and vibration control Cooper-Bessemer Company: Noise reduction on a 10,000 HP engine/compressor Dayton T. Brown: Quieting an Arrny ]0-ton rough terrain forklift truck Dickson 1i1'eatherproofNoil Co.: Earth borne impact noise reduction from a large cold header General Electric Company: Quieting through the wall air conditioning units Gorman-Rupp Company: Quieting mobile enginelpump systems for Army Harley Davidson: Engine/transmission production facility with lower noise exposure Illinois Tool V-'orks: Noise control on plastic granulators and air conveyors International Harvester: Large construction vehicle noise control Kelsey-Hayes: Auto wheel rim plant noise reduction to 85 dBA Kimble Office Furniture Company: Noise control in wood working facility Kohler Company: Brass manufacturing facility noise control Lamb Electric: Design of quieter high-speed vacuum cleaner blowers Libby Corporation: Quiet Army mobile electric generawr sets of 5, 1 Q 15, 30, 60, 200 KW M&A'I Mars inc.: Process noise reduction in a chocolate factory Outboard Marine Corporation: Quieting outboard motors and lawn mowers Peabody Barns Incorporated: Noise enclosure for mobile 100 NP engine/pump far Army Roberts & Schaefer Company: Process plant engineering noise control Sears Roebuck & Company: Design and testing of quieted outboard motors Standard Oil Company: Fibers Division plant noise control to 85 dBA Store Enso Kimberly; Residential noise emission measurement and controls for a large paper mill Superior Engineering Company: Vibration control in a steel miU laboratory Sweetheart Cup Corporation: Quieting plastic forming machines Turner Construction Company: Conveyor noise reduction for new USPS mail center USA Corps of Engineers: Vibration isolation of massive inertial guidance test platform USA Ft Belvoir: Off=road heavy construction. equipment noise control projects VSE Corporation: Noise control for mobile diesel engine powered Army equipment ENVIRONMENTAL NOISE CONTROL AND IMPACT STATEMENTS by George W. Kamperntan Addison Wind Energy: Analysis for multi-megawatt wind turbine generator sighting near residential area Amax Coal Company: Environmental noise impact statements for several open pit mines Amcast-Automotive: Quieting a metal casting facility located in a residential area Argonne National Laboratory: Environmental impact studies on noise for large projects Blandin Paper Company: Large facility environmental noise reduction Bollinger & A'Iabillard: Research and testing far significant roller coaster noise reduction Burlington Northern: Noise reduction in a large railroad classification yard Busch Gardens Tampa: Roller coaster noise assessment and control for "Kumba" and "Montu" Busch Gardens Williamsburg: Roller coaster noise assessment and control options Central Counties Gooptrative: Noise reduction for large brain elevator located within a close community Charter Steel Corporation: Total facility noise reduction with rank ordering of annoying sources Chicago, City of: Development of the Chicago Noise Ordinance Chicago Transit. Authority: Noise control design for an urban rail transit car yard Clark Oil & Refining Company: Reduction of refinery noise at the neighbors Clifford Jacobs Forging Company: Reduction of exterior forge chap noise emission Commomvealth Edison: Silencer design for gas turbine generating units Corey Stec[ Company :Material handling exterior noise control in a steel stockyard Detroit, City of: Numerous impact statements on noise for urban renewal projects Dames & Moore: Environmental impact statement reviews for highways General Railway Signal Company: Elimination of railcar wheel squeal in railroad retarder yards Honcy~+~ell Inc.: Cont.rot of blast noise from Arn~y ordnance production testing Illinois Bell Telephone: Goosing tower noi.~e control for residential location Illinois, State of: Development of State wide noise regulations International Harvester: Forge hammer isolation to reduce ground vibration Liquid Carbonic: Special inlet silencer design for large compressors Material Service Corporation: Stone quarries, noise assessment and noise reduction Merriweather Post Pavilion: Pop music sound control for neighboring areas Miller Brewing Company: Spotter truck noise control at freight handling facility Northeast Illinois Planning Gomrnission: Noise impact statement for O'Hare Airport Martaa Arboretum: Expressway noise berm design and expressway E15 review National bureau of Standard: Consultations on noise measurement methodology Nederlander Inc.: Environmental sound control far all amphitheaters Pioneer Service Engineering Company: Scale model tests on gas turbine silencer desilms Poplar Creek. Music Theatre: Contemporary music sound control beyond property Resource Assessment Inc.: Numerous urban noise environmental impact statements RMT, Inc.: Noise assessment and controls for combustion turbine and coal fired po~ver plants Sea World Orlando: Noise criteria and control for "Kraken" roller coaster Shell Oil Company: Environmental noise control for an entire large refinery Standard Brands: Exterior environmental noise control for a number afprocess vents Tenneco: Noise barrier design for heavy vehicle test track in urban area United States Army CERL: Design of environmental noise monitoring systems Universal Studios Florida: First quieted all steel roller coaster "Dueling Dragons" USA Ft Belvoir: Noise emission and control for air cushion vehicles aver water US EPA: Quarry and pit mine blast noise and vibration measurements and impact on dwellings United Stages Gypsum: Large ventilation fan noise controls for underground mine Wisconsin Department of Natural Resources: Gun firing range noise reduction Vital Resources Inc.: Camp Grayling cannon fire and bombing noise impact on residents Yellow Freight. Company: Environmental noise control for a truck freight terminal yard KAMPERMAN ASSOCIATES INC. Jl2 W98hinptan Avenue Wbroneln Deal, WI 57965 PbYne: NIB-2Si~5456 FAx: ti08-25Y6276 F,mW: ZeYraecykamperman.rnm December 7, 2005 Robert Hartig, AIA Director of Facilities Medical Associates Clinic 1500 Associates Drive Dubuque, IA 52002 S;s;;;eit: Noise impact of proposed Alter Trading Scrap Yard This letter is in response to your telephone call followed up with an Frmai 1 with numerous photographs and site plans of the proposed scrap yard to be located on the south side of the CC&P Railroad and the north side of US-20 and about 2,000 feet east of Hwy-32. Modem. day scrap yards are very productive and move many tans of iron and steel daily for reprocessing by others such as steel mills. Scrap is moved, sorted and loaded into ~ railcars by mobile cranes using electric magnets to pickup and release the scrap metal. This activity produces a very high level of impact noise with each release of the scrap metal from the electric magnet. I have been providing noise control consulting services for a steel mill in Wisconsin for several years. The steel mill operation that continually generates the most complaints from residents is the scrap yard operations. Yet the nearest residents are all more than 1,000 feet from the scrap yard Over the years, the steel mill has been malting numerous procedural changes and partially enclosing the scrap yard. The steel mill has eliminated all nighttime movement of railcars, terminated all night delivery of scrap and retrained. all crane operators to net drop any scrap during nighttime. During nighttime hours the crane operators carefully lower the scrap to rest the load on top of the existing scrap pile before releasing the magnet. The continuing challenge is to quietly build a scrap pile without having the pile suddenly shift and slide (due to gravity) which can. produce a high. noise level. This careful handling of scrap stows production significantly and is sometimes difficult to enforce the "quiet° opemtionat procedwes. At the present time I am providing engineering noise control recommendations for a new steel mill in Chicago next to a residential area similar to the progosed Alter Trading operation. This steel mill will have a scrap yard associated. with a large electric arc furnace. The melting of scrap metal is the current trend for producing high grade steel products. The process involves far less energy and air emissions than heating iron ore. At the initial meeting on this steel mill project the company president agreed to a fatally KAMPERMAN ASSOCIATES INC. Robed Hartig tkcemba 7, 2005 Page 2 of 2 enclosed scrap yard operation. The scrap yard building is to be constructed with special acoustical walls, doors, roof and a silenced ventilation. system to contain all scrap yard related noise within the building. The scrap building will be large enough to contain railcars and scrap truck with all acoustical doors closed. This type of enclosed scrap yard operation is required to meet the Chicago and/or State of Illinois objective noise limit standards at residential land use 500 to 600 feet from. the facility. Needless to say, the transfer operations such as these are to enclose such. activities when they are located near residential areas. The proposed Alter Trading scrap yard operation in Dubuque would have assisted living residents starting at a distance of 500 feet north-northwest of the proposed scrap yard, a lazge residential area starting about S30 feet north of the proposed area, two existing occupied homes 550 feet south of the proposed area and two hotels less than 900 feet southwest of the proposed scrap yard. It is my professional opinion that the proposed Alter Trading scrap yard could not meet the Chicago or Stato of Illinois environmental noise limits even with the addition of practical noise barriers Furthermore, the resulting impact noise from the scrap yard would be judged very disturbing to many residents in the area because the impact noise emission from scrap yard operations is so di:F _:: in character from normal urban vehicle noise. Sincerely, KAMPERMAN ASSOCIATES INC. George Ka...,,:,....an, P.E., Bd. Cert, Institute of Noise Control Engineers RESUME George W. ICampermaa, P.E., INCE Bd. Cert. Consulting Engineer is Acoustics Education & Professional Experience: B.S., Alma College; graduate study (acoustics), Massachusetts Institute of Technology; Noise and Vibration. Laboratory, General Motors Proving Ground; Bolt Beranek and Newman Inc., Consultants in Acoustics; President of Kamperman Associates Inc. Professional Societies: Fellow, Acoustical Society of America; Board Certified Member: Institute of Noise Control Engineering; National Council of Acoustical Consultants; Registered Professional Engineer Professional Responsibilities: Mr. ICamperman was in charge of the acoustical Instrumentation Laboratory at Bolt Beranek and Newman Ina, Cambridge, Mass., where he was responsible for developing new equipment and procedures for the measurement of sound and vibration. He opened a Chicago azea office and developed a consulting activity in industrial noise control for Bolt Beranek and Newman Inc. In 1972 he established the firm of Ka...Y,,,...an Associates Inc., specializing in noise and vibration control and environmental impact studies. He has lectwed at many courses and seminars. His project ,:.Y...sibilities have concentrated in the area of noise and vibration measwement and conhrol in a wide variety of buildings and machinery. Standards & Test Codes: Mr. ICamperrnan has had a major role writing numerous Noise Regulations, Standards, and Test codes to assist business, industry and agencies in the development of practical methodology: City of Chicago Noise Ordinance. State of Illinois Noise Regulations. SAE J184 Qualifying a Sound Data Acquisition System. SAE J952B Sound Levels for Engine Powered Equipment. SAE J 1075 Measwement Procedure for Rating Sound Level of Construction Job Sites. SAE J88 Sound Level Measurement Procedure for Powered Mobile Consnuction Equipment. ANSI S1.2 Method for the Physical Measurement of Sound. ANSI S 1.11 Octave, Half-Octave, &Third-Octave Band Filter Sets. ANSI S1.4 Specification for General Purpose Sound Level Meters. ANSI S 12.7 Methods for Ybe Measurement of impulse Noise. ANSI S I -62 Measurement and Evaluation of Community Noise. ANSI S 1.25 Specification for Personat Noise Dosimeters. ANSt S 12.9 QuantitieslProcedures for Description and Measwement of Environmental Sound Kamperman Resume Continued A Partial Listing of Papers and Publications: "Performance of Sound and Vibration Instrumentation," Noise Reduction, L. L. Beranek, Ed. {McGraw-Hill Book Co., Inc., New York, 1960), Chap. 6. "Sound," ISA Transducer Compendium, E. J. Minnar, Ed. (Instrument Society of Ameriea/Plenum Press, New York, t963), Chap. 6. "Vibration Isolation Effectiveness of Inertia Pads Resting on Soil," Journal of Spacecraft and Rockets, AIAA, Vol. 2, No. 2, March-April 1965, pp. 182-186. "Instrumentation For Noise Measwement," Tutorial Papers an Na?ss Control, Inter-Noise 72, October 1972, pp. 84-97. "Effects and Control of Highway Traffic Noise," TransportaSon Engineering Journal of ASCE, May 1973, pp. 307-322. "Ways to Weigh Noise Outdoors," Noise Control Engineering Journal, Vol. 1, No. 1, 1973, PP• 40-45. "A New Technique for Evaluating Personal Noise Exposure - A Statistical Approach," National Safety News, January 1974, pp. ?6-79. "Operator Noise Control in Construction Machinery," Praceedings, Reduction of Machinery Noise, Purdue University, 1975, pp. 26i-277. "Machine Element Noise," Handbook Oflndustrial Noise Control, L. Faullrner, Ed. (Industrial Press Inc., New York, 1976), Chap. 8, "Real Time Frequency Analyzers for Noise Control," Noise Contro/Engineering Journal, Vol. 9, No. 3, NovemberlDecember 1977, pp. 131-I36. "Human Response to Blasting Noise and Vibration," Proceedings of Inter-Noise 80, December 1.980, pp. 979-984. "Motorcycle Acceleration Noise in the Urban Setting," Proceedings. of Noise-Con 81, Lune 1981, pp. 241-244. "Controlling Noise at the Source," National Safety News, April 1982, pp. 60-62. INDUSTRIAL NOISE CONTROL ENGINEERING by George W. Kampertnan Advanced Transformer Company: Production facility noise control Atlis-Chalmers: Noise control on dozers, tractors, loaders, lift trucks Amcast Meta-Mold Corporation: Interior noise reduction for aluminum casting operations American Air Filter Company: Noise control in product development American Bridge: V oration analysis of bridge operating mechanism American Can Company: Plant noise control seminar American Motors Company: Auto production line noise control Amoco Oil Company: Process noise control at Whiting oil refinery Ampacet Corporation: Noise control in plastics numufacturing Appleton Papers: Reduced noise exposure on high-speed paper coating systems Aqua-Chem, Inc.: Quiet reverse osmoses water purification systems in ISO Container enclosure Brumund Foundry: Noise control in foundry operations J. L Case: Noise testf~eiliry design and tractor noise control Caterpillar Tractor: Crawler tractor noise control Chrysler Airtemp: Development of Iow noise domestic air conditioning unit Colt IndusMes, Fairbanks-Morris: Large engine noise and vibration control Cooper-Bessemer Company: Noise reduction on a 10,000 HP engine/c.....r.:,.,.+or Dayton T. Brown: Quieting an Army 10-ton rough terrain forklift truck Dickson Weatherproof Nail Co.: Earth bame impact noise reduction from a large cold header Gerteral Electric Company: Quieting drrough the wall air conditioning units Gorman-Rupp Company: Quieting mobile engindprrmp systems for Army Harley Davidson: Enginekransmission production facility with lower noise exposttro Illinois Tool Works: Noise control an plastic granulators and air conveyors International Harvester: Large construction vehicle noise control Kelsey-Hayes: Auto wheel rim plant noise reduction w 85 dBA Kimble Office Furniture Company: Noise control in wood working facility Kohler Company: Brass manufacturing facility noise control Lamb Electric: Design of quieter high-speed vacuum cleaner blowers Libby Corporation: Quiet Army mobile elcetric generator sets of 5, 10, 15, 30, 60, 200 KW M&M Mars Inc.: Process noise reduction in a chocolate factory Outboard Marine Corporation: Quieting outboard motors and lawn mowers Peabody Barns Incorporated: Noise enclosure for mobile 140 HP enginclpump for Army Roberts & Schaefer Company: Process plant engincering noise control Sears Roebuck & Company: Design and testing of quieted outboard motors Standard Oil Company: Fibers Division plant noise control to 85 dBA 5tora Enso Kimberly: Residential noise emission measurement and controls far a large paper mill Superior Engineering Company: Vibration control in a steel mill laboratory Sweetheart Cup Corporation: Quieting plastic forming machines Turner Construction Company: Conveyor noise reduction for new USPS mail center USA Corps of Engineers: Vibration isolation of massive inertial guidance test platform USA Ft Belvoir: Off-road heavy construction equipment noise control projects VSE Corporation: Noise control for mobile diesel engine powered Army equipment ENVIRONMENTAL NOISE CONTROL AND IMPACT STATEMENTS by George W. Kampet•man Addison Wiod Energy: Analysis for multi-megawatt wind turbine generator sighting near residential area Amax Coal Company: Environmental noisermpact statements for several open pit mines Amcast-Automotive: Quieting a metal casting facility located in a residential area Argonne National Laboratory: Environmental impact studies on noise for large projects Blandln Paper Company: Large facility environmental noise reduction Bollinger & Mabillard: Research and tearing for significant roller coaster noise reduction Burlington Northern: Noise reduction in a large railroad classification yard Busch Gardens Tampa: Roller coaster noise assessment and control for "Kumba" and "Montu" Busch Gardens Williamsburg: Roller coaster noiu assessment and control options Central Counties Cooperative: Noise reduction for large grain elevator located within a close community Charter Steel Corporation: Total facility noise reduction with rank ordering of annoying sources Chicago, City of: Development of the Chicago Noise Ordinance Chicago Transit Authority: Noise control design for an urban rail transit car yard dark Oil & Refining Company: Reduction of refinery noise at the neighbors Clifford Jambs Forging Company: Reduction of exterior forge shop noise emission Commonwealth Edison: Silencer desi~ forges turbine generating units Corey Steel Company: Material handling exterior noise control in a steel stockyard Detroit, City o8 Numerous impact statements on noise for urban renewal projects Dames & Moore: Environmental impact statement reviews for highways General Railway Signal Company: Elimination of railcar wheel squeal in railroad retarder yards Honeywell ]na: Control of blast noise from Army ordnance production testing Illinois Bell Telephone: Cooling tower noise control for residential location Illinois, State of: Development of State wide noise regulations Internakionai Harvester: Forge hammer isolation to reduce ground vibration Liquid Carbonic: Special inlet silencer design for large ......r.~sots Material Service Corporation: Stone quarries, noise assessment and noise redoction Merriweather Post Pavilion: Pop music sound control for neighboring areas Miller Brewing Company: Spotter truck noise control at freight handling facility Northeast IDinois Planning Commission: Noise impact statement for O'Hare Airport Morton Arboretum: Expressway noise berm design and expressway EIS review National bureau of Standard: Consultations on noise measurement methodology Nederiander Inc.: Environmental sound control for alt amphitheaters Pioneer Serv[ce Engineering Company: Scale model tests on gas turbine silencer designs Poplar Crcek Music Theatre: Contemporary music sound control beyond r=~r~-~~ Resource Assessment Ina: Numerous urban noise environmental impact statements RMT, Inc.: Noise assessment and controls for wmbustion turbine and coal fired power plants Sea World Orlando: Noise criteria and control for "Kraken" roller coaster Shell Oil Company: Environmental noise control for an entire large refinery Standard Brands: Exterior environmental noise control for a number ofprocess vents Tenneco: Noise battier design for heavy vehicle lest track in urban area United Skates Army CERL: Design of environmental noise monitoring systems .Universal Studios Florida: First quieted all steel roller coaster "Dueling Dragons" USA Ft Belvoir: Noise emission and cantrol for air cushion vehicles over water US EPA: Quarry and pit mine blast noise and vibration measurements and impact on dwellings United States Gypsum: Large ventilation fan noise controls for underground mine Wisconsin Department of Natural Resources: Gun firing range noise reduction Vital Resources Inc.: Camp Grayling cannon fire and bombing noise impact on residents Yellow Freight Company: Etrvironmental noise control for a truck freight terminal yard KAMPEIiMAN ASSOCIATES INC. 3t2 Wpshingtoa Aranue Wbmap~n Dee; WI 5.7965 Pbooe: 608-23L5656 FAx:4WF253SS38 Email: geoiye(ojlamprrmaa.tom December 7, 2005 Robert Hartig, AlA Director of Facilities Medical Associates Clinic 1500 Associates Drive Dubuque, IA 52002 S:s=:je~t: Noise impact of,...,,,wed Alter Tradint; Scrap Yard This letter is in response to your telephone call followed up with anE-mail with numerous photographs and site plans of the proposed scrap yard to be located on the south side of the CC&P Railroad and the north side of US-20 and about 2,000 feet cast of Hwy-32. Modern day scrap yards are very productive and move many tons of iron and steel daily -::> for reprocessing by others such as steel mills. Scrap is moved, sotto] and loaded into ~ railcars by mobile cranes using efcettic magnets to pickup and. release the scrap metal. This activity produces a very high level of irrg7act noise wiffi each release of the scrap metal frorrt the electric magnet. I have been providing noise control consulting services for a steel mill in Wisconsin for several years, The stcel milt operation that coniinually generates tfie most complaints from residents is the scrap yard operations. Yet the nearest residents are all more than 1,000 feet from the scrap yard Over the years, the sicel mill has been making numerous procedural changes and partially enclosing the scrap yard. The steel mill has eliminated all nighttime movement of railcars, terminated aft night delivery of scrap and retrained all crane operators to not drop any scrap during nighttime. During nighttime hours the crane operators carefully tower the scrap to rest the load on top of the existing scrap pile before releasing the magnet. The continuing challenge is to quietly build a scrap pile without having the pile suddenly shift and slide {due to gravity) which can produce a high noise level. This careful handling of scrap slows production significantly and is sometimes difficult to enforce the "quiet" operational procedures. At the present time I am providing engineering noise control recommendations for a new steel mitt in Chicago next to a residential area similar to the proposed Alter Trading operation. This steel mill will have a scrap yard associated with a large electric arc furnace. The melting of scrap metal is the current trend for producing high grade steel products. The process involves far less energy and air emissions than heating iron ore. At the initial meeting on this steel milt project the company president agreed to a totally ICAMPERMAN ASSOCIATES INC. Robert Hartig December 7, 2005 Page 2 of 2 enclosed scrap yard operatian. The scrap yard building is to be constructed with special acoustical walls, doors, roof and a silenced ventilation system to contain all scrap yard related noise within the building. The scrap building will be large enough to contain railcars and scrap trucks with all acoustical doors closed. This type of enclosed scrap yard operation is required to meet the Chicago and/or State of Illinois objective noise limit standards at residential land use 500 to 600 feet from the facility. Needless to say, the transfer operations such as these are to enclose such activities when they are located near residential areas. The proposed Alter Trading scrap yard operation in Dubuque would have assisted living residents starting at a distance of 500 feet north-northwest of the proposed scrap yard, a lazge residential area starting about 830 felt north of the proposed area, two existing occupied homes S50 feet south of the proposed area and two hotels less than 900 feet southwest of the proposed scrap yazd. It is my professional opinion that the proposed Alter Trading scrap yard could not meet The Chicago or State of Illinois environmental noise limits even with the addition of practical noise barriers Furthermore, the resulting impact noise from the scrap yard would be judged very disturbing ib many residents in the area because the impact noise emission from scrap yard operations is so different in character from normal urban vehicle noise. Sincerely, KAMPERMAN ASSOCIATES INC. George Karriperman, P.E., Bd. Cert. Institute of Noise Control Engineers RESUME George W. ICamperman, P.E., INCE Bd. Cert. Consulting Engineer fn Aconstics Education & Professional Experience: B.S., Alma College; graduate study (acoustics), Massachusetts Institute of Technology; Noise and Vibration. Laboratory, General Molars Proving Ground; Bolt Beranek and Newman Inc., Consultants in Acoustics; President of Kamperman Associates [nc. Professional Societies: Pellow, Acoustical Society of America; Board Certified Member: Institute of Noise Control Engineering; National Council of Acoustical Consultants; Registered Professional Engineer. Professional Responsibilities: Mr. Kamperman was in charge of the acoustical Instrumentation Laboratory at Bolt Beranek and Newman Inc., Cambridge, Mass., where he was responsible for developing new equipment and procedwes for the measurement of sound and vibration, He opened a Chicago area office and developed a consulting activity in industrial noise control for Bolt Beranek and Newman Inc. In 1972 he established the firm of Kamperman Associates Inc., specializing in noise and vibration control and environmental impact studies. He has lectured at many courses and seminars. His project responsibilities have concentrated in the area of noise and vibration measwement and control in a wide variety of buildings and machinery. Standards & Test Codes: Mr. Kamperman has had a major role writing numerous Noise Regulations, Standards, and Test codes to assist business, industry and agencies in the development of practical methodology: City of Chicago Noise Ordinance. State of Illinois Noise Regulations. SAE J184 Qualifying a Sound Data Acquisition System. SAE J952B Sound Levels for Engine Powered Equipment. SAE J] 075 Measurement Procedwe for Rating Sound Level of Construction Job Sites. SAE J88 Sound Level Measwement Procedure for Powered Mobile Construction Equipment. ANSI S 1.2 Method for the Physical Measurement of Sound. ANSI S 1.11 Octave, Half-Octave, &Third-Octave Band Filter Sets. ANSI S 1.4 Specification for General Purpose Sound Levei Meters. ANSI S 12.7 Methods for the Measwement of Impulse Noise. ANSI S I-62 Measwement and Evaluation of Community Noise. ANSI 51.25 Specification for Personal Noise Dosimeters. ANSI S 12.9 QuantitieslProcedures for Description and Measwement of Environmental Sound Kamperman Resume Continued A Partial Listing of Papers and Publications: "Performance of Sound and Vibration Instrumentation," Noise Reduction, L. L. Beranek, Ed. (McGraw-Hill Book Co., Inc., New York, 1960), Chap. 6. "Sound," ISA Transducer Compendium, E. !. Minnar, Ed. (Instrument Society of AmericalPlenum Press, New York, 1963), Chap. 6. "Vibration Isolation Effectiveness of Inertia Pads Resting on Soil," Journal of Spacecraft and Rockets, AIAA, Vol. 2, No. 2, March-April 1965, pp. 182-186. "Instrumentation For Noise Measurement," Tutorial Papers un Na=^e Control, later-Noise 72, October 1972, pp. 84-97. "Effects and Control of Highway Traffic Noise," Transportation Engineering Journal of ASCE, May 1973, pp. 307-322. "Ways to Weigh Noise Outdoors," Norse Control Engineering Journal, Vol. I, No. 1, ].973, pp. 40-45. "A New Technique for Evaluating Personal Noise Exposure - A Statistical Approach," Natrorral Safety News, January 1974, pp. 76-79. "Operator Noise Control in Construction Machinery," Proceedings, Reduction ofMaclrinery Noise, Purdue University, 1975, pp. 261-277. "Machine Element Noise," Handbook Ojlndustrial Noise Control, L. Faulkner, Ed. (Industrial Press Inc., New York, 1976), Chap. 8. "Real Time Frequency Analyzers for Noise Control," Norse Confrol Engineering Journal, Vol. 9, No. 3, November(December 1977, pp. 131-136. "Human Response to Blasting Noise and Vibration," Proceedings oflnter Noise 80, December ] 98Q pp. 979-984. "Motorcycle Acceleration Noise in the Urban Setting" Proceedings. of Norse-Con 8I, June 1981, pp. 241-244. "Controlling Noise at the Source," National Safety News, April 1982, pp. 60-62. 2 INDUSTRIAL NOISE CONTROL ENGINEERING by George W. Kampermao Advanced Transformer Company: Praluction facility noise control Allis-Chalmers: Noise control on dozers, tractors, loaders, lift trucks Amcast Meta-Mold Corporation: Interior noise reduction fox aluminum casting operarions American Air Filter Company: Noise control in product development American Bridge: Vibration analysis of bridge operating mechanism American Can Company: Plant noise control seminar American Motors Company: Auto production line noise contort Amoco Oil Company: Process noise control at Whiting oil refinery Ampacet Corporation: Noise control in plastics manufacturing Appleton Papers: Reduced noise exposure on high-speed paper coating systems Aqua-Chem, Inc.: Quiet reverse osmoses water purification systems in ISO Container enclosure Brumund Foundry: Noise control in foundry operations J. I. Case: Noise test''~eility design and tractor noise control Caterpillar Tractor. Crawler tractor noise control Chrysler Airtemp: Development of tow noise domestic air conditioning unit Colt Industries, Fairbanks-Morris: Large engine noise and vibration control Cooper-Bessemer Company: Noise reduction on a 10,000 HP engine/compressor Dayton T. Brown: Quieting an Army ] 0-ton rough terrain forklift truck Dickson Weatherproof Nail Co.: Earth home impact noise reduction from a large cold header General Electric Company: Quieting through the wall air conditioning units Gorman-Rupp Company: Quieting mobile enginelpump systems for Army Harley Davidson: Engine/transmission production. facility with lower noise exposure Illinois Tool Works: Noise control on plastic granulators and air conveyors International Harvester: barge constmction vehicle noise control Kelsey-Hayes: Auto wheel rim plant noise reduction m 85 dBA Kimble Office Furniture Company: Noise control in wood working facility Kohler Company: Blass manufacturing facility noise control Lamb Elector. Design of quieter high-speed vacuum cleaner blowers Libby Corporation: Quiet Army mobile eleotric generator sets of 5, ] 0, 15, 30, 60, 200 KW M&M Mars Inc.: Process noise reduction in a chocolate factory Outboard Marine Corporation: Quieting outboard motors and lawn mowers Peabody Barns Incorporated: Noise enclosure for mobile 100 HP enginelpump for Army Roberts & Schaefer Company: Process plant engincering noise control Sears Roebuck & Company: Design and testing of quieted outboard motors Standard Oil Company: Fibers Division plant noise control to 85 dBA Stora Enso Kimberly: Residential noise emission measurement and controls for a large paper mill Superior Engineering Company: Vibration control in a steel mill laboratory Sweetheart Cup Corporation: Quieting plastic forming machines Turner Construction Company: Conveyor ttoise reduction for new USPS mail center USA Corps of Engineers: Vibration isolation of massive inertial guidance test platform USA Ft Belvoir: Off-road heavy constn~ction equipment noise control projects VSE Corporation: Noise control for mobile diesel engine powered Army equipment ENVIRONMENTAL NOISE CONTROL AND IMPACT STATEMENTS by George W. Kamperman Addison Wind Energy: Analysis For multi-megawatt wind carbine generator sighting near residential area Amax Coal Company: Environmental noise impact statements for several open pit mints Amcast-Automotive: Quitting a metal casting facility located in a residential area Argonne National Laboratory: Environmental impact swdies on noise for large projects Blandin Paper Company: Large facility environmental noise reduction Bollinger & Mabiliard: Research and testing for significant roller coaster noise reduction Burlington Northern: Noise reduction in a lazge railroad classification yard Busch Gardens Tampa: Roller coaster noise assessment and control for "Kumba" and "Montu" Busch Gardens Williamsburg: Boiler coaster noise assessment and control options Central Counties Cooperative: Noise reduction for large grain elevator located within a close community Charter Steil Corporation: Total facility noise reduction with rank ordering of annoying sources Chicago, City of: Development of the Chicago Noise Ordinance Chicago Transit Authority: Noise control design for an urban rail transit car yard Clark Oil & Refining Company: Reduction of refinery noise at die neighbors Gifford Jarnbs Forging Company: Reduction of exterior forge shop noise emission Commonwealth Edison: Silencer design forges turbine generating units Corey Steel Company: Material handling exterior noise control in a steel stockyard Detroit, City oL• Numerous impact statements on noise for urban renewal projects Dames & Moore: Environmental impact statement reviews for highways General Railway Signal Company: Elimination of railcar wheel squeal in railroad retarder yards Honeywell Ine.: Control of blast noise from Army ordnance production testing Illinois Bell Telephone: Cooling tower noise control for residential location Illinois, Skate of: Development of State wide noise regulations International Harvester: Forge hammer isolation to reduce ground vibration Liquid Carbonic: Special inlet silencer design for large compressors Material Service Corporation: Stone quarries, noise assessment and noise reduction Merriweather Post Pavilion: Pop music sound control for neighboring areas Miller Brewing Company: Spotter track noise control at freight handling facility Northeast Illinois Planning Commission: Noise impact statement for O'Hare Aitpoct Morton Arboretum: Expressway noise berm design and expressway EIS review National bureau of Standard: Consultations on noise measurement methodology Nederlander Iaa: Environmental sound control for all amphitheaters Pioneer Service Engineering Company: Scale model tests on gas carbine silencer desibms Poplar Creek Music Theatre: Con.:....r.,.~.ty music sound control beyond property Resource Assessment Inc.: Numerous urban noise environmental impact statements RMT, Inc.: Noise assessment and controls for combustion carbine and coal fired power plants Sea World Orlando: Noise criteria and convol far "Kraken" roller coaster Shell Oil Company: Environmenta) noise convol for an entire large refinery Standard Brands: Exterior environmental noise convol for a number of process vents Tenneco: Noise barrier design for heavy vehicle test track in urban area United States Army CERL: Design of environmental noise monitoring systems Universal Studios Florida: First quitted all steel roller coaster "Dueling Dragons" USA Ft Belvoir. Noise emission and control for air cushion vehicles over water US EPA: Quarry and pit mine blast noise and vibration measurements and impact on dwellings United States Gypsum: Large ventilation fan noise conrols for underground mine Wisconsin Department of Natural Resources: Gun firing range noise reduction Vital Resources Inc.: Camp Grayling cannon fire and bombing noise impact an residents Yellow Freight Company: Environmental noise control for a yuck freight ttnninal yard May I5, 2006 Honorable Mayor Buol and Dubuque City Council Members City of Dubuque 50 West 13`" Street Dubuque IA 52001 Y cone i; J. rI C.In:u;r, 916-i990 RE: Medical Associates Clinic, Professional Corporation, and Medical Associates Realty, LP: Opposition to Alter Scrap Processing Request for Rezoning of 190 N. Crescent Ridge from CS Commercial Services and Wholesale, C-3 General Commercial and AG Agricultural District to PI Planned Industrial District Deaz Mayor Buol and Ms. Michalski, Mr. Jones, Mr. Lynch, Ms. Braig, Ms. Connors, and Ms. Cline: Introduction Rezoning the property at 190 N. Crescent Ridge for Alter Scrap to use as a junkyard is illegal spot zoning. This legal conclusion is based upon substantial legal reseazch, 21 years in the practice of law, and about a dozen trips to the Iowa Supreme Court and Iowa Court of Appeals over the yeazs. The rezoning request would violate Dubuque's zoning ordinance. It does not comply with the City's Comprehensive Plan. It would be illegal on these grounds even aside from the spot zoning issue. The proposed rezoning is unwise. It is foolish and a disaster from any practical standpoint. Moving the problem from one unsuitable location to an even more unsuitable location is not a solution, it is not good planning, and it is not progress. The City prohibits such scrapyazds in the Industrial Park West; ye[ a medical clinic, homes, and stores are considered appropriate neighbors for one. One is hard pressed to conceive why Alter Scrap wants the Crescent Ridge location despite all the opposition and potential for nuisance litigation; perhaps the only reason is the City is barring it from an industrial location. I would invite you to nut that question to Alter Scrao. It is unfair to neighboring properties whose owners relied upon the zoning of the property as O'CONNOR & THOMAS, P.C. Mayor & City Council May I5, 2006 Page 2 Commercial and Agricultural. The City's zoning plan and Comprehensive Plan can have no credibility with homeowners, businesses, or investors if the Citv paves the way for a noisy, ugly junkyard at the western gateway into the City, a route driven by thousands of commuters every day, a tourist route into the city, a route into the heart of the busiest commercial, shopping, professional, residential, and traffic area of the City; an area adjacent to and draining into Catfish Creek, along a planned hike/bike trail, and along 33 acres along Catfish Creek that Medical Associates donated as parkland and which the City has designated the City as parkland. If this should be approved, in future yeazs, when Dubuque residents gaze upon it, there will be a mental sign hanging in their minds that says, " 's Folly." Medical Associates asks that you not fill in that blank with your names. All of these factors make the proposed rezoning utterly inappropriate under the existing zoning ordinance and comprehensive plan. But in addition to that, the City of Dubuque recently issued a Request for Proposal to obtain consulting services in order to do a new comprehensive study of land uses, zoning, and long-range planning issues. The result of that process is to be a new Uniform Development Code. (See attached Tab 1, p. 5.) Among the issues the consultants are asked to address are: • "A concern exists about the number of conditional rezonings and spot zonings, and having multiple zoning designations on a single lot." (Tab 1.) • "In response to proposals over the past few yeazs to expand and relocate junk and salvage operations, there has been interest in creating design review, guidelines, and standazds for screening, setbacks, and visual impacts of commercial and industrial developments, particulazly for outdoor storage." (Tab 1.) The problems with spot zoning, and the lack of adequate processes and standards for approval of junkyards and salvage operations are acknowledged by the City in the RFP -indeed, they are one of the expressly stated issues that the consultants aze to address. They are to be part of a major overhaul of the zoning ordinance that will be based on an "inclusive process involving the general community and stakeholders on all sides of the issue." It is folly to make a decision of such profound effects, and which has generated as much opposition, as the proposed relocation of the Alter scrapyazd to the heart of Dubuque's commercial, medical, and residential heartland without including it in the process that the City is currently soliciting bids for. Bids are due on the City's RFP in less than two weeks (May 26). Alter is a very large company with ample resources (I read an newspaper article over the weekend stating that Alter and its owners own 400 barges on the Mississippi, have substantial interests in the Isle of Capri Casinos, Inc., which, among many other operations in the U.S. and in England, operates a gambling riverboat in Mazquette, Iowa that competes with our local gaming operations). They have the resources and the personnel to spend ample time discussing, lobbying, and pressuring the City to O'CONNOR 6t THOMAS, P.C. Mayor & City Council May 15, 2006 Page 3 approve; most citizens do not have the resources or the knowledge to do this. You have to even [he scales by representing [he interests of the citizens to whom you are accountable. Unlike any of the people or bodies that have considered this issue to date, y_ou aze accountable to voters. You, and only you, are the elected representatives of the people of Dubuque. The City's settlement with Alter Scrap in 1998, which arose out of numerous code violations by Alter Scrap at its current location, required Alter to use its best efforts to relocate to an area "which is aonronriately zoned for the conduct of its business." (Tab 2.) Alter has proposed instead [o relocate into the middle of the busiest traffic, shopping, professional complex, restaurant, motel area in Dubuque County. The rezoning would reduce the City's tax base. The property in question has far more tax base value as commercial property than as a junkyard. The junkyard would also reduce the value of adjoining property that will no longer be developed for normal commercial uses. Medical Associates itself has property overlooking what would become the junkyard. The rezoning would destroy that economic value and deprive the City of more tax base. Trucks will use Highway 20 for access to the proposed junkyazd site. Highway 20 is the most congested traffic route in the City of Dubuque. Adding a sprinkling of the inevitable debris that will fall from the steady parade of trucks into the junkyazd would pose a serious safety hazazd to traffic on Highway 20 and will in any event significantly increase congestion. Many neighbors of the property appeared on November 2, December 7, and May 3 [o speak vehemently in opposition to the rezoning. The neighbors have no confidence in assurances that all will be well, because all has been unwell at the site for a long time with the blasting and excavation work that has gone on already. Nor should the City have confidence - Alter's history of violations at its present site (which are on file with the City) has cost it credibility on that account. The fact that Alter's current neighbors write letters supporting its relocation elsewhere is aleft-handed compliment -who wouldn't want a scrapyazd to move away from them? Soot Zoning The City's zoning power is a creation of state legislation. Iowa Code section 414.3. (Tab 3.) Among the limitations on the City's zoning authority is that it may not engage in illegal spot zoning. The requested rezoning would be unambiguous, flagrant spot zoning. The Iowa Supreme Court defines spot zoning as follows: "Spot zoning results when a zoning ordinance creates a small island of property with restrictions on its use different from those imposed on the surrounding property.... Snot zoninn for the benefit of the owner and contrary to the comprehensive Dian is unreasonable." Little v. Winborn, 518 N.W.2d 384, 387-88 (Iowa 1994). O'CONNOR 6z THOMAS, P.C. Mayor & City Council May 15, 2006 Page 4 In the Winbom case, the Iowa Supreme found that rezoning by the Scott County Boazd of Supervisors to be illegal spot zoning. The rezoned land consisted of 223 acres, parts of which were zoned A-1 (agricultural use only) and other parts of which were zoned A-2 (agriculture + other uses), and which was surrounded on all sides by A-1 farmland. The rezoning reclassified the entire parcel to A-2, which permitted more uses than A-1. The rezoning had been requested by a shooting club (rod & gun club) so they could build a shooting house and a target house on less than five acres of the parcel. Owners of neighboring A-1 farmland objected. The Iowa Supreme Court found the request to be illegal spot zoning and out of compliance with the County's Comprehensive Plan. The requested rezoning in this case is far more extreme. This would be siting a faz noisier, more unsightly, more dangerous facility into a densely populated residential, commercial, and medical area. Ille¢ality under Zonine and PUD Ordinances: Reouirements of Dubuque's zonine ordinance (Al reeardine rezoning. (Bl regazding PUD's. and (Cl revazding screening. A. Rezonine Reouirements: The criteria required in the ordinance for rezoning aze not present in this case. The City cannot lawfully rezone anyway. The rezoning provision states: 6-1.1. General Statement Of Intent: The Council finds that the reclassification of property is a sensitive and important legislative function which, in the interest of maintaining uniform zoning policies and the integrity of the Comprehensive Plan, should only be exercised snarinely and under proper conditions. For this reason, and because the orieinal zoning district boundaries under this Ordinance are presumed to be correct and appropriate, it shall hereafter be the policy of the City Council [o reclassify property only where a clear showing has been made that the orieinal classification was a mistake or that circumstances and conditions affecting the nropertv in question have so materially chanced so as to demand reclassification in the public interest. +*+ Furthermore, it is contemplated under this Ordinance that the Long-Range Plannin; Advisory Commission is. in the first instance. the body responsible for the formulation and continuine review of the Comprehensive Plan. as expressed herein. and that the Commission shall be charged with the duty of periodically reviewing the policies and provisions of this Ordinance in lieht of its purooses and changing conditions. and nroposine on its own initiative such district reclassifications or ordinance amendments as O'CONNOR 6z THOMAS, P.C. Mayor & City Council May 15, 2006 Page 5 may be deemed aonronriate to secure the public welfare. See Tab 4. B. Screenine requirements: The Plan does not provide the level of screening required. The screening is required to block the junkyard from all public view, not just from the immediately abutting properties or properties within 200 feet. Putting an unsightly fence azound a junkyard that is located forty feet or more lower than the surrounding residential and commercial areas may protect the bugs in the grass from offensive views, but i[ does nothing for the people living, getting health care, traveling, or shopping at surrounding locations that aze forty feet higher in elevation. The screening requirements aze as follows: Sec. 29-6. Fencing Requirements For Junk And Salvage Operations: (a) An operator of a junkyazd/salvage operation shall submit to the city development planner a screening plan which shall be approved for each individual premises. The Screenine elan shall inteerate the screen with the natural surroundinus and shall consider and make provisions to assure reasonable access to the screen for purposes of maintaining the screens. (b) The purpose of screening is to eliminate the visual impact of the iunkvazd contents by obscurin¢ it from view outside the premises. (c) Materials for use in screening of junkyazd shall generally consist of natural objects, plantings, fences, or other appropriate means such as storage sheds, buildings and other similar elements. (2) Plantings shall be shrubs and trees of such tunes as to nrovide veaz round obscurement commensurate with local site conditions. All plant material used for Screenine shall be of a size and quantity to nrovide obscurement. (3) Screens shall be made of wood, metal or other materials commonly used in the building trade, and shall be of such height and tune as necessary to _nrovide obscurement... . See Tab 5. In the City's 1998 complain[ against Alter Scrap at its current location, a memo from the City Manager to the City Council, dated October 30, 1998, stated that the only reason Alter was not required to "screen the view from elevated azeas such as the Julien Dubuque Bridge, Cleveland Park, or St. Dominic's Villa" was that the Harrison Street location was a grandfathered facility. (Tab _, p.) Julien O'CONNOR & THOMAS, P.C. Mayor & City Council May 15, 2006 Page 6 Dubuque Bridge, Cleveland Park, and the former St. Dominic's Villa were at far greater distances from Alter's facility than Medical Associates or any of the objecting neighbors. The implication of the letter was clear: were the Harrison Street facility not a grandfathered facility, Alter would have been required to screen the facility from view from much greater distances than those involved in the proposed new site. The City cannot consistently hold the position that the Harrison Street facility could have been required to screen from view for much greater distances, and not require screening from view of the surrounding medical clinic, commercial establishments, and residential azeas. C. PUD requirements: The ordinance also provides criteria for creation of a Planned Unit Development. The requested rezoning does not meet the requirements for a PUD under Dubuque' ordinance. The ordinance states: 3-5.5. Planned Unit Development District (PUD). (A) ...Regulations for this district are designed: +** (4) To encourage new development to preserve and utilize existing land chazacteristics and features which offer visual recreational benefits or other amenities; (5) To promote the economic- attractive. innovative and harmonious arraneement and desien of new buildines. streets. utilities and other improvements or structures; (6) To provide a livine. workine and shonpine environment within the lavout of the site that contributes to a sense of community and a coherent lifestyle; (7) To provide for the creation and preservation of more and lazeer useable public or common oven spaces than would normally be provided under conventional development; (C) Permitted Uses: Each planned unit development shall allow any principal permitted use allowed by the zoning ordinance, which by desien and use and restriction is compatible with all adiacent uses, and which is specifically listed in the ordinance adopted for the PUD. ++* (D) Development Regulations:.. . In all PUDs the following minimum sandads shall be met: (1) General Standards: (a) The density and desien of the PUD shall be compatible in use. size and twe of stmcture_ relative amount of open space. traffic circulation and eeneral lavout with adioinine land uses. and shall be inteerated into the neiehborhood. O'CONNOR & THOMAS, P.C. Mayor & City Council May 15, 2006 Page 7 (b) The PUD shall take into consideration the impact in existine streets and utilities. (c) The economic. environmental and neiehborhood impacts of [he development shall be considered. (d) The PUD shall conform with the adopted lone ranee comnrehensive plan. +** (F) Plan Approval Standazds. The Zoning Commission and City Council shall not approve the PUD application plan unless and until the Commission and Council determine that the conceptual development plan conforms to each of the following standards: (1) The conceptual development plan is in substantial conformance with adopted comnrehensive Plan to euide the future erowth and development of Dubuque. *** (3) The proposed development shall not interfere with the an,,..,,,.:ate use and eniovment of property on abuttine districts. *** (5) Natural drainaee areas are retained as appropriate and improved if necessary. (6) Due consideration is given to nreservine natural site amenities and minimizine the disturbance to the natural environment. See Tab 6. The proposed rezoning would violate all of these provisions of the PUD ordinance. Inconsistent with The Comprehensive Plan: "Fidelity to the comprehensive plan, whether inherent in the zoning ordinance or a sepazate written document, reduces the risk of arbitrary decision making, lending stability and predictability [o the zoning process." Iowa Coal Min. Co.. Inc. v. Monroe County, 494 N.W.2d 664, 669 (Iowa 1993). Dubuque's Comprehensive Plan does not provide for industrial development in the area selected by Alter Scrap to relocate. The Comprehensive Plan does, however, require development to proceed in specific ways, with which the Alter Scrap plan is entirely inconsistent. The Comprehensive Plan (see Tab 7) requires development in accordance with the following criteria: one To protect and enhance the viability, livability and affordability of the city's residential neighborhoods while integrating multifamily development throughout the community. O'CONNOR 6i THOMAS, P.C. Mayor & City Council May 15, 2006 Page 8 1.5 Protect existine residential areas from encroachment by incomnatible development. *** 1.8 Preserve the environmental ouality of residential areas and buffer from noxious or nuisance impacts. four To balance open space and environmental preservation with the community's development needs. 4.1 Protect and preserve existine oven space and nark land to meet the communitv's needs. 4.2 Encourage expansion of urban Breen spaces in suitable locations. *** 4.5 Limit development along bluff lines and protect scenic vistas. 4.6 Protect and enhance riverfront and related wetlands. waterway corridors and other sensitive land areas. five Encourage that the physical character and Form of the city reflects its historic setting and that the built environment is compatible with the city's natural environment. 5.1 Define and enhance city gateways and focal points to create a sense of place. *~* 5.3 Protect natural vistas from the clutter of inappropriate physical develonment. six Encourage the concept of mixed use development to create diverse and self-sufficient neighborhoods. ++* 6.2 Buffer and protect incomnatible uses from each other. nine To promote principles of good urban design as part of all developments. *** 9.2 Avoid neeative impacts on established develonment and street system. O'CONNOR & THOMAS, P.C. Mayor & City Council May 15, 2006 Page 9 Tab 7. The proposed rezoning would violate all of these provisions of the Comprehensive Plan. A Betrayal of Trust: There is ample property available in the City of Dubuque already zoned for industrial use that is now vacant. Nobody has disputed this through three Zoning Advisory Commission hearings. In 1994, Medical Associates donated 33 acres immediately bordering the proposed junkyazd for use as a natural area with walking trails. Aside from the utter inconsistency of those uses with a junkyazd, what message would rezoning the immediately adjacent property for development as a junkyard send? The rezoning would be a betrayal of the gift of the property to the City. Under the proposed rezoning, this park and trail land will overlook a junkyard. This history would not be overlooked by future donors. (See Tab 8, attached.) The junkyard will abut Catfish Creek. The pollution prospects from this location are manifest and obvious. The drainage scheme for the original 12-lot commercial development is utterly inadequate to properly drain the property if it is covered with lazge structures and paving, as Alter's plan shows it will be. The detention basin is about one-third the size it would need to be for Alter's development. Conclusion Medical Associates respectfully requests that the City Council deny the request for rezoning, and in its stead make this very important zoning issue part of the review process to be undertaken for development of the new zoning ordinance. Very truly yours, O'CONNOR & THOMAS, P.C. Stephen C. I{rumpe Enclosures City of Dubuque, Iowa Request for Proposals Proposals due: May 26, 2006 PREPARATION OF UNIFIED DEVELOPMENT CODE INTRODUCTION The City of Dubuque, Iowa is soliciting proposals from qualified professional consultants to prepare a Unified Development Code (UDC). Our intent is to provide auser-friendly ordinance format that implements the goals and objectives of the Comprehensive Plan, recognizes the diverse physical characteristics of Dubuque's neighborhoods, and encourages planned and managed growth. The City would like to combine zoning, subdivision, sign, and historic preservation regulations in a UDC to meet this goal. The last comprehensive update of the Zoning Ordinance was in 1985. The Zoning Ordinance has been amended frequently in piecemeal fashion since then. The last comprehensive update of the Subdivision Ordinance was in 1991. The last comprehensive update of the Historic Preservation Ordinance was in 2001. The Dubuque Comprehensive Plan was adopted in 1995 and updated in 2001-2002. An update of the Comprehensive Plan is underway in 2006. As principal tools for implementing the Comprehensive Plan, the Dubuque City Council has determined that the Zoning Ordinance and the Subdivision Ordinance need to be rewritten as a UDC. This update is supported by the City's Long Range Planning Advisory Commission, Zoning Advisory Commission, and Zoning Board of Adjustment. It is anticipated that the time frame for the project will be approximately 12 -18 months following the signing of a contract. The selected consultant will be expected to complete the contracted scope of work within the specified time frame, under the general direction and coordination of the City's Planning Services Department as authorized by the City Council. The Planning Services Department provides staff support for the Zoning Board of Adjustment, Long Range Planning Advisory Commission, Zoning Advisory Commission, and Historic Preservation Commission at their monthly meetings. The Planning Services staff facilitates and coordinates the Development Review Committee, which includes staff from the City's Building Services, Engineering, Water, and Fire Departments. The Committee holds weekly meetings to review planned unit developments, subdivision plats and site development plans with developers, architects, and engineers. COMMUNITY BACKGROUND The City of Dubuque is located on the Mississippi River in northeastern Iowa, adjacent to Illinois and Wisconsin. The City is approximately 30 square miles in area, with a population of approximately 60,000 persons. The City's annual operating and capital budget is nearly $100 million and funds a full range of services. The City's web site is www. citvofdu buaue. ora. The community has a stable and diversified manufacturing base and a growing service sector. Dubuque is the major retail, medical, education and employment center for the tri-state area. Tourism continues to be a major economic force in the community. City government works in collaboration with the private sector to promote economic development. The job creation and unemployment numbers show that Dubuque is holding steady in a very volatile economic climate. Dubuque's construction numbers reveal an even more encouraging picture. Meeting Development Needs The City's long-range goals include maintaining compact and contiguous development; accommodating projected residential, commercial and industrial expansion; and facilitating planned and managed growth on the City's fringe. The city is restricted from expansion on its east side due to the Mississippi River, and is challenged by rugged terrain and limited roadway systems on the north and south. Since 1997, the City has spent approximately $13 million for land acquisition, water and sewer main extensions, construction of City streets, and site development costs for the Dubuque Industrial Center West. These investments on the west side have opened up potentially thousands of acres of land to meet development needs, with the capacity to serve those needs. From 1990-1998 the City of Dubuque averaged 350,000 square feet of non-residential construction each year. In the five-year period from 1999-2003, the City of Dubuque averaged nearly 1 million (988,203) square feet of non-residential construction each year. The year 2003 also saw continued growth in the number of residential units with 182 units being constructed. This is the second highest number since 1995 (with last year's 192 being the highest), and 40% higher than the seven previous years' average of 130 units per year. Downtown Revitalization In addition to extending City service for new industrial parks and planning for development of the urban fringe, the City of Dubuque has continued and strengthened its commitment to funding and partnerships for downtown revitalization and historic preservation. Partnerships and City investments have been key in the revitalization of Downtown. Since 1985, the following investment has occurred in Downtown Dubuque: Fagade Building New Real Estate Public Net New Renovation Rehabilitation Construction Sales Improvements Jobs $4,498,705 $61,800,327 $117,317,663 $76,173,696 $26,640,104 +1,744 57% since 83% since 58% since 78% since 43% since 1999 2000 1998 1999 2000 ($34,930,319) ($97,448,066) ($44,213,844) ($20,892,079) (755) Development Pattern Dubuque is Iowa's oldest city, and has a substantial collection of historically and architecturally significant structures. There are seven National Register districts in Dubuque, with six of them in and around Downtown. The downtown area includes the central business district, transitional mixed-use neighborhoods north, west and east of downtown, and a substantial industrial district east of downtown. Downtown Dubuque contains many institutional, commercial, and industrial buildings that are architecturally significant and reflect a variety of styles and materials. Other Downtown buildings house a mix of uses, with first floor retail/office uses and opportunities for uses on the upper floors. Consequently, Dubuque's development pattern varies within the corporate limits. The historic downtown neighborhoods include some two- and three-story residential buildings that are still fully residential. Other older neighborhoods include small lots in an urban street/alley grid pattern with a mix of commercial and industrial uses along with neighborhood churches, parks and schools. Newer neighborhoods reflect larger single-family lots in suburban-style subdivisions with curvilinear streets and cul-de-sacs, largely separated from non-residential uses. In addition to large brick warehouses in the industrial area adjacent to Downtown, Dubuque has large-scale industrial parks along its riverfront and on the south and west ends of the community. Riverfront redevelopment is underway, with a concentration of commercial and recreational attractions. Neighborhood commercial areas are found along minor arterials throughout much of the city. Big box retailers are located in planned unit developments along major arterials on the city's west side. Campuses for colleges and hospitals generally are centrally located in the city. Most vacant developable land lies on the City's urban fringe. There is very little vacant developable land in the core of the city. The City of Dubuque has employed smart growth principles in planning and managing the community's growth and development for years before smart growth became a national buzzword. Since 1995, the Dubuque Comprehensive Plan has included goals and objectives that incorporate "smart growth" principles, such as encouraging City- County cooperation, and developing policies that enhance development of fringe areas and avoid unregulated sprawl. City and State Code Provisions Cities have been granted the authority to plan and to zone in Chapter 364 (Home Rule Powers) and Chapter 414 (Municipal Zoning) of the Code of Iowa. They have been granted the power to promote health, safety, and morals for the general welfare of the community. Chapter 354 of the Iowa Code stipulates requirements and grants authority to cities and counties for the platting, division and subdivision of land. Chapter 303.34 (Areas of historical significance) of the Iowa Code states that: a historic preservation commission shall review alterations to structures in historic districts. The Long Range Planning Advisory Commission makes recommendations to the City Council on updates to the Dubuque Comprehensive Plan, new and amended urban renewal and urban revitalization plans, the recommended five-year capital improvement program, and other special planning studies as directed by the City Council. The Zoning Advisory Commission makes recommendations to the City Council on applications for rezonings, planned unit developments, subdivision plats, and amendments to the Zoning and Subdivision Ordinances. The Zoning Board of Adjustment makes decisions on applications for conditional uses, special exceptions, and variances from the Zoning Ordinance requirements for bulk standards, off-street parking, and signs. The Board of Adjustment hears appeals of staffs interpretations of the Zoning Ordinance. The Board is aquasi-judicial body. Decisions by the Board are appealed to district court, not the Council. The Historic Preservation Commission conducts design reviews of proposed exterior alterations of buildings, signs, and structures that required a building permit and are visible from the public right-of-way in the City's designated historic preservation districts. HPC design review decisions may be appealed t the City Council, and then to district court. The HPC also serves as an advisory design review body to the City Council for public works projects in the historic districts. Under City Code, any revision to the existing Zoning Ordinance or the existing Subdivision Ordinance requires first a public hearing before the Zoning Advisory Commission, and then a public hearing before the City Council. The Zoning Advisory Commission provides a recommendation to the City Council, who makes the decision. Under Iowa Code, the City of Dubuque has sole jurisdiction for all rezonings, planned unit developments, and subdivisions within the corporate limits. Under Iowa Code, the City of Dubuque has extraterritorial jurisdiction for subdivision review and approval within two miles of the corporate limits. The Dubuque City Council adopted a development policy for this two-mile fringe area in 2004. ORDINANCE CONCERNS Concerns with the Zoning and Subdivision Ordinances have emerged over time from City staff, City officials, customers, and community stakeholders. For example: - The Zoning Ordinance is often difficult for the public and City staff to use and to interpret. It is not organized in an "easy to access" form, and lacks adequate graphics, charts, and other illustrations. - The Subdivision Ordinance is a chapter of the Dubuque City Code that is related to but not referenced in the Zoning Ordinance, which is an Appendix to the City Code. Subdivision regulations are not incorporated into the Zoning Ordinance. - The Zoning Ordinance has conflicting, unGear, outdated, and/or confusing use categories, definitions, and provisions, and often an "unwritten" need to reference back to other sections of the Ordinance or other chapters of the City Code to fully comply with all applicable City regulations. - The Zoning Ordinance lacks an amortization clause for nonconformities. - The Zoning and Subdivision Ordinances do not always adequately address land use, historic preservation, and urban design objectives of the Comprehensive Plan such as encouraging a more urban streetscape, mixed use, downtown housing, flexible site development, alternative transportation, and smart growth. - A concern exists about the number of conditional rezonings and spot zonings, and having multiple zoning designations for a single lot. - There are related issues in other sections of the City Codes, in City Engineering Standards, and in City plans and policies which necessitate updating the Zoning and Subdivision Ordinances, including: access management, parking, accessory uses, grading, excavation, erosion control, storm water runoff, signs, traffic, landscaping, street trees, outdoor storage, screening, lighting, dust, and noise. - There have been controversies over the past year with proposals for private redevelopment of bluffland sites. Facilitation of an inGusive process involving the general community and stakeholders on all sides of the issue of bluffland development vs. preservation is needed to complete a comprehensive bluff plan. The City Council is concerned about the timeliness of the resolution of this component of the ordinance based on recent requests for blufffop development and it is desired that as much as possible this issue be prioritized to be resolved as early in the process as practical. - In response to proposals over the past few years to expand and relocate junk and salvage operations, there has been interest in creating design review, guidelines, and standards for screening, setbacks, and visual impacts of commercial and industrial developments, particularly for outdoor storage. 5 - There are three sets of regulations affecting signs. Two are administered by the Building Services Department, and the third is a section in the Zoning Ordinance. These regulations are overly complicated and at times contradictory. - There is interest in design standards for big box retailers, and any impact studies or impact fees that have been implemented as a result of the location of a big box retailer. The City Council desires that as much as possible this issue be prioritized to be resolved as early in the process as practical. - The City Council desires a UDC that results in quality development, that provides for flexibility in development design, and that streamlines the development review process. At the same time, the City Council wants the city of Dubuque to remain competitive for growth and expansion of local and regional residential, office, retail, commercial, and industrial markets. PROJECT OBJECTIVES Conform with Local. State and Federal Codes / Ensure the UDC conforms to the City of Dubuque Comprehensive Plan. / Ensure the UDC conforms to the nuances of the Iowa Code. / Update regulations in recognition of recent Iowa and Federal case law, including day care, group homes, mobile homes, manufactured homes, churches, Federal Fair Housing requirements and the Americans with Disabilities Act. / Ensure that rights and responsibilities of property owners and of the City enforcement staff are clearly stated to avoid, whenever possible, disputes of interpretations. Be Relevant for Dubuaue / Prepare a UDC that is responsive to contemporary development trends, recognizes the diverse physical characteristics of Dubuque's neighborhoods (e.g. street patterns, building types, density etc.), and encourages quality development. / Create coordinated regulations that facilitate development effectively, enhance neighborhood quality, and result in planned and managed growth. / Develop regulations that acknowledge and accommodate Dubuque's three distinct geographical areas as well as potential growth areas in the environs. Be User-Friendly / Acustomer-friendly ordinance format that is easy to use and organized to provide greater clarity for all readers, using charts whenever possible for easier reference to individual requirements. / An illustrated UDC that graphically explains zoning, subdivision and site development requirements in simple, understandable terms, reduces the need for formal code interpretations, and refers to other sections of the UDC and other chapters of the City Code. / A reorganized code available to the general public on-line at the City's web site, in an "easy access, easy lookup" format with electronic query capability, by search terms and by process type, that allows future amendments to be easily incorporated into the on-line presentation format. Streamline the Process / Streamline the tasks undertaken by the Zoning Advisory Commission, Zoning Board of Adjustment and City staff by crafting regulations that reflect the Comprehensive Plan's goals and objectives. / Reduce the caseloads of the Zoning Advisory Commission, Zoning Board of Adjustment, City Council and City staff, by crafting regulations that require fewer requests for variances, special exceptions and rezonings. / Identify opportunities for process simplification and flexibility, consistent with identified community goals and project objectives. CRITICAL ISSUES INVENTORY The consultant will prepare a written inventory of the critical issues that must be addressed and resolved to ensure that the UDC is complete in its scope and coverage and addresses the Ordinance Concerns and Project Objectives listed above and identified during the Background Research and Evaluation phases. The consultant will review this written evaluation with the Technical Committee. As a preliminary guide, the following subject areas are considered priority areas of interest: / Provide organization/format for combining the Zoning, Subdivision, and Historic Preservation Ordinances and various sign regulations into auser-friendly UDC. / Make the final document easy to follow, highly illustrated, and available on the web. / Review, improve and update lists of permitted uses and standards for each zoning district, recognizing different patterns of development, scale and massing. 7 / Provide clear statements of which uses are permitted in each district and what standards must be met, rather than reference back to other sections of the code. / Organize the standards specifically addressing signs in each district (what type permitted, where permitted, height, number, size, etc.). / Review, improve and update definitions, to assure clarity, necessity and compatibility with commonly accepted definitions. / Ensure that definitions are consistent with other related ordinances and codes. / Reference other sections of the revised code and other chapters of the City Code when appropriate. / Evaluate Planned Unit Development (PUD) options, "buildable area" provisions, and floor area ratio provisions. / Ensure density, setbacks, and other dimensional requirements fit with the existing and desired neighborhood scale. / Review, improve and update standards for site plan and subdivision reviews, and modernize existing zoning and subdivision development standards. / Revise existing provisions regarding site development review and evaluate the creation of new or improved flexible and illustrated site development standards, / Evaluate options for design review process, guidelines, and standards for screening, setbacks and visual impacts of commercial and industrial developments, particularly for outdoor storage. / Review, improve and update parking standards and requirements to prevent excessive and unnecessary parking areas, particularly in the central business district and surrounding historic neighborhoods. / Evaluate current ordinance provisions pertaining to inclusionary zoning and housing replacement. / Evaluate potential accessory apartment provisions. / Evaluate smart growth/green building design options. / Evaluate open space protection and bluffland preservation/development regulations, policies, and other appropriate measures. 8 / Evaluate design standards for big box retailers, and any impact studies or impact fees that have been implemented as a result of the location of a big box retailer. PROJECT SCOPE OF SERVICES The following information describes specific minimum components which should be included in the Scope of Services. The consultant should describe the means or strategy by which the consultant would satisfy the Scope of Services, and/or an alternative or hybrid strategy recommended by the consultant -what process and outcomes the consultant would suggest to make the project better. The City is open to suggestions other than those listed in this proposal, which consultants believe would be of value to producing a UDC. The final scope of work is expected to be finalized with the selected consultant. Collaboration with City Citv Interface: The consultant and the Planning Services Staff will cooperatively interface with the Technical Committee and other City officials, including: Meet with the Technical Committee to review and discuss "in process' and completed work plan components; Conduct public meetings with community stakeholders and the general public to solicit input with assistance from the Technical Committee; Solicit comments from the Zoning Advisory Commission, Zoning Board of Adjustment, and Long Range Planning Advisory Commission to discuss existing zoning and subdivision issues and potential strategies and tools for consideration; Conduct regular update meetings with the Planning Services Manager, Corporation Counsel, and City Manager; Submit written project status reports monthly to the Planning Services Manager; • Conduct public meetings with appointed and elected officials to discuss completed work plan components prior to making final recommendations; and • Prepare the presentation of the final draft for adoption and attend the public hearings of the Zoning Advisory Commission and City Council. Project Schedule: The consultant and the Planning Services Staff will cooperatively establish a project schedule that will identify at a minimum: • delivery dates for all work products and project status reports; • meeting schedules with the Technical Committee, Citizen Advisory Committee, and Sign Review Advisory Subcommittee to monitor and assist in the progress of the project; public meetings with community stakeholders and the general public; focus group meetings with key community stakeholders for creating a comprehensive bluff plan for bluffland preservation/development; • work sessions with the Zoning Advisory Commission, Zoning Board of Adjustment, and Long Range Planning Advisory Commission; 9 monthly written project status reports to the Planning Services Manager measuring progress towards each of the specific goals/tasks of the work program; regular update meetings in person or by teleconference with the Planning Services Manager, Corporation Counsel, and City Manager; and public hearings with the Zoning Advisory Commission and City Council for review/adoption of the first draft, proposed final draft, and final UDC. Presentations: Presentation of the first draft, proposed final draft, and final draft for review /recommendation by the Zoning Advisory Commission and review /adoption by the City Council will be a collaborative effort by the consultant and the Planning Services Department. The appropriate members of the consultant team shall be responsible for facilitating all public work sessions and/or hearings before the Zoning Advisory Commission and City Council regarding review and approval of the UDC. Assistance from the Technical Committee will also be provided as needed. The consultant will be responsible for preparation of all necessary and associated correspondence, documents, staff reports, and detailed minutes of public workshops meetings. The Planning Services Department will be responsible for scheduling and managing the public hearings, interactions with public officials, publication of hearing notices as required by Iowa Code, and transcribing meeting minutes. Work Products: Review copies of all work products must be provided to the Planning Services Department in hard copy and/or electronic format using Microsoft Word in accordance with the established project schedule. The charts, graphics, illustrations, maps and/or photographs provided through the process must be delivered in hard copy and/or electronic formats compatible with the City's computer software and hardware and in accordance with the established project schedule. Project Work Program The anticipated Project Work Program for preparing the UDC will involve the consultant working principally with a Technical Committee for the first half of the project, after initial input meetings with the Citizen Advisory Committee, Sign Review Advisory Committee, and other key community stakeholders such as focus groups meetings for a comprehensive bluff plan. The second half of the project will involve testing the draft and final versions with key City staff, key community stakeholders, community groups, Zoning Advisory Commission, Zoning Board of Adjustment, and City Council. Technical Committee: The consultant will work closely on the preparation of the UDC with a Technical Committee with staff from the following City Departments: Planning Services 10 • Building Services • Legal • Engineering • Economic Development • Housing and Community Development • Information Services (for UDC computerization and web-based applications) Work Program: The consultant will prepare a draft Work Program for the UDC preparation process, including necessary research and analysis, detailed schedules of dates, document delivery dates and document review periods, administrative meetings, public participation workshops and activities, time schedule and document preparation milestones, public meeting dates, City Council work sessions, public hearings before the Zoning Advisory Commission and City Council, etc. The draft Work Program will be presented to City Manager and City Council for review and approval. Background Research The consultant will need to conduct background research into the community's characteristics, planning documents, and regulatory codes and processes. Document review will include the following: - Review with the Technical Committee, a detailed analysis of critical issues related to the Zoning Ordinance and Subdivision Ordinance identified by the Planning Services staff. - Review with the Technical Committee, an analysis and inventory of the City of Dubuque's existing development patterns prepared by the Planning Services staff to identify opportunities for ordinance revisions. - Review with the Technical Committee, an evaluation of Zoning Board of Adjustment cases and limited setback waivers prepared by the Planning Services staff to identify opportunities for revisions of zoning and sign regulations. - Review with the Technical Committee, the following plans and studies to ensure that the UDC is consistent with and implements appropriate elements of these documents: o Dubuque Comprehensive Plan 0 2001 Affordable Owner-Occupied Housing Committee Report 0 2004 Downtown Master Plan o Urban Renewal plans 0 2006 Annexation Study Update - Review with the Technical Committee, the present zoning classification boundaries as shown on the Official Zoning Map and the Zoning Ordinance provisions in contemplation of new or reorganized zoning districts and overlays. 11 - Review with the Technical Committee, the sign regulations in the Building Code, and identify how to consolidate the City's three sets of sign regulations into one. - Review with the Technical Committee, the City Engineering Department's subdivision and site development design standards. - Review the regulatory options for developing a comprehensive bluff plan for bluffland preservation/development. - Review options for design review process, standards, and guidelines for screening, setbacks, and visual impact of commercial and industrial developments, particularly for outdoor storage. Review options for design standards for big box retailers, and any impact studies or impact fees that have been implemented as a result of the location of a big box retailer. - Complete field studies with Planning Services staff to evaluate current conditions and observe unique conditions and/or circumstances; review with the Technical Committee. Evaluation of Ordinances and Standards: The consultant will prepare a written evaluation of the Background Research findings above. This written evaluation will include detailed commentary on the strengths and weaknesses of the existing ordinances and standards with particular regard to comprehensiveness, clarity, and coverage gaps. It will identify conflicting, unclear, outdated and/or confusing use categories, definitions, or provisions in the ordinances and standards, and ways to resolve and clarify the same utilizing current state-of-the-art relevant zoning and subdivision techniques, technologies, and tools that should be considered for incorporation into the new UDC ordinance based on the evaluation completed. The consultant will be expected to bring considerable experience with effective approaches and relevant regulations used by other communities and to evaluate such approaches for their appropriate applicability to the new ordinance. This will facilitate providing the City of Dubuque with options on different approaches. Recommended options must be evaluated in terms of their visual impact, fiscal impact, and regulatory impact, including consideration of installation and maintenance costs, land and development costs, and cost/benefit of using new technologies such as green building design options, pervious pavement, etc. The consultant will be expected to use contrasting images of various types of site development design for signs, building designs, screening, landscaping, and parking lots; and different development types such as industrial, waterfront, neighborhood commercial, various densities of residential, etc. The consultant will review this written Evaluation of Ordinances and Standards with the Technical Committee. 12 Preparation of UDC Working Outline: With advice and assistance from the Technical Committee, the consultant will prepare a working outline of the UDC listing the pertinent sections and the scope of their coverage. Following the City's review and approval of the outline, the consultant shall prepare a first draft of the update. First Draft: The first draft of the UDC will incorporate the results from the Research & Analysis tasks above and any supplementary material; the draft UDC must include references to the current Ordinances so that comparisons can be made. The first draft of the UDC will be discussed in detail with the Technical Committee, Citizen Advisory Committee, Zoning Advisory Commission, City Manager and City Council. The Sign Review Advisory Subcommittee will be included in the review of the revised sign regulations. The first draft of the UDC will also be presented by the consultant and the Technical Committee in appropriate ways to the general public, key stakeholders, and community groups for review and commentary. All of the existing, updated and new sections of the UDC will be reviewed with the Technical Committee, and then prepared to reflect the work program, public input received, and input and direction from public officials. The UDC should establish internal consistency, be at or above industry standards, and ensure legal compliance with all current State and Federal Laws. Proposed Final Draft: Taking into account the commentary received concerning the first draft of the UDC, the consultant will prepare a proposed final draft of the UDC. The same review mechanisms applicable to the first draft will be utilized for the proposed final draft. The consultant will review the proposed final draft with the Technical Committee. The consultant will provide the Planning Services Department with two Microsoft Word computer disk file copies of the proposed final draft of the update: one in a strike- out/new text version (with graphics, charts, and illustrations), and one final clean-copy version (with graphics, charts, and illustrations), that can be loaded onto the City's web site. Final Publication: Taking into account the commentary received concerning the final UDC as adopted by the City Council, a final submission, complete with maps, graphics, charts, and illustrations suitable for publication and distribution in both hard copy and in electronic format on CD will be provided to the City for its review and approval. The consultant will provide a final copy of the adopted UDC, in the following formats a) In reproducible paper format, including all text, maps, charts and drawings; 13 b) In electronic format, acceptable to the City Clerk's Office, which allows the City of Dubuque to maintain, publish and distribute the updated Ordinance(s) on paper, on the Internet, and on text-searchable CD-ROMs. Public Involvement The consultant will be expected to work closely with the Technical Committee for the duration of the process, attend all meetings and workshops, and facilitate "hands-on" programs that will involve workshop participants. Public Outreach: With the expected high level of general public involvement or interest in the update process, a methodology of public outreach, beyond the public meeting format, must be included in the proposal. Public outreach may be accomplished through public forums/hearing notices, web site announcements, media releases, cable television announcements, targeted mailings, etc. The City of Dubuque has a website and a local access channel available to assist in the communication effort. Citywide community workshops /meetings and stakeholder /focus group meetings are anticipated to solicit input on issues that may be relevant to neighborhood associations, City Boards and Commissions, and the business community. It is also anticipated that smaller group workshops may be necessary with selected participant groups to focus on the review of individual sections, such sign contractors to discuss the sign regulations. Interviews of key staff and stakeholders may also be appropriate. It is expected that all of these meetings would be attended by one or more members of the consultant team. The goal is that citizens are given the greatest possible opportunity to have input into the UDC through public forums, workshops, and on-line submissions. The consultant should suggest innovative and proven communication methods. Such alternatives should be clearly described in the proposal. The proposal should include the projected number of public meetings /presentations to be held by the consultant. Citizen Advisorv Committee: The consultant will work with a Citizen Advisory Committee. The Citizen Advisory Committee will provide initial input on issues and process, react to first draft UDC and proposed final draft UDC, and then forward recommendations to the Zoning Advisory Commission and City Council as part of the process. The Citizen Advisory Committee will include representatives from these key stakeholder groups: Developers Architects Engineers Realtors /Appraisers Dubuque Area Chamber of Commerce • Greater Dubuque Development Corporation (regional economic development) Zoning Board of Adjustment Long Range Planning Advisory Commission Zoning Advisory Commission 14 • Historic Preservation Commission Sian Review Advisory Subcommittee: As part of a comprehensive review and update of the Dubuque City Code, City staff identified the need to coordinate and consolidate three sets of sign regulations. A Sign Review Advisory Subcommittee will provide initial input on issues and process, react to the first draft and the proposed final draft of the consolidated sign regulations, and then forward recommendations to the Technical Committee and Citizen Advisory Committee as part of the process. The Sign Review Advisory Subcommittee will include representatives from these key stakeholder groups: • Building Services Department • Planning Services Department • Scenic By-Ways • Zoning Board of Adjustment • Historic Preservation Commission • On-Premise Sign Industry • Off-Premise Sign Industry Comprehensive Bluff Plan: As part of the process for preparing a comprehensive bluff plan there are a number of key community stakeholders that should be invited to focus group sessions for blufFland preservation/development. These stakeholders include: the City Council, Long Range Planning Advisory Commission, Zoning Advisory Commission, Environmental Stewardship Commission, Historic preservation Commission, Four Mounds Foundation, Preserve Our Bluffs, Dubuque Main Street Ltd., Neighborhood Associations, Board of Realtors, Dubuque Area Chamber of Commerce, Dubuque County Historical Society, Greater Dubuque Development Corporation, Dubuque Homebuilders, Dubuque Federation of Labor, and Alliance for Construction Excellence. Additional community stakeholders may be identified during the process. Additional Resources: Additional resources from the City organization and the community will be drawn on as needed for the update process, including: • City Manager's Office (Neighborhood Development Specialist, GIS coordinator, and Public Information Officer) • Human Rights Department (fair housing) • Legal Department • Health Services Department (related code enforcement) • Planning Services Department (zoning enforcement and administration) • Board of Directors of the Dubuque Area Chamber of Commerce • Board of Directors of the Greater Dubuque Development Corporation • Board of Directors of Dubuque Main Street Ltd. (downtown redevelopment) • Members of the Developers' Roundtable. Public Records and Ownership Any and all information, in any form, supplied to the City under this Request for Proposal or any subsequent agreement shall become the property of the City of 15 Dubuque upon delivery and is subject to the Iowa Open Records Law, Iowa Code Chapter 22. On-line UDC (optional quote) The consultant orsub-consultant shall provide auser-friendly, interactive UDC application accessible via the Internet (web-based). Scope of this project shall include at a minimum application design, application creation including but not limited to a fully searchable, web-based UDC application with linking capabilities, application installation, implementation planning, and creation of auser-interface for updating. The UDC application shall be fully documented and supported by the consultant or sub- consultantwith easy to use and searchable help functions for both the use and administration of the site. Contractor or sub-contractor shall convert all data contained in the UDC including but not limited to text and graphical images to the web-based UDC application. The conversion of the data to be used in the web-based UDC application should be shown as a separately priced line item in the proposal. Updating of information contained in the web-based UDC application should not require the use of a webmaster or anyone with advanced technical or programming skills. It is desirable that the updates be done by City of Dubuque personnel so that updates can be done on a timely basis and quickly verified for accuracy of content. It is desirable that the updating interface has the look and feel of common Microsoft Office products such as Word and use common templates for the addition or change of new features of the UDC. A spell check function must be included on any portions of the update interface that involve text based information. Access to the updating interface should be secure with logins and access maintained by a City of Dubuque systems administrator. The web-based UDC application must operate as a hosted application on servers designated by the consultant orsub-consultant. Consultant orsub-consultant must provide information regarding the servers, backup schedules, off-site storage and hot sites maintained to insure availability of the application and the data. Support must be available to respond to questions and issues Monday -Friday Sam - 5pm CST. Holiday and weekend support terms should be stated and separately priced. Data contained in the UDC web-based application remains the property of the City of Dubuque. In the event that the consultant orsub-consultant cease to do business or be able to provide the necessary support of the applications created the consultant or sub- consultant agree to provide any data to the City in a common digital format contained in a common machine readable format. Consultant or sub-consultant should describe how this would be accomplished and any costs associated with doing such. 16 It is desirable that this application operate as its own domain. The City of Dubuque will be responsible for obtaining and maintaining any domain names associated with this site. Any links on the site shall be subject to the City's current website linking policy. The consultant or sub-consultant will be responsible for any technical domain management responsibilities. The City desires a customized web-based UDC application and would not be interested in entertaining proposals utilizing current "off-the-shelf' web-based searchable code applications such as Sterling Codifiers. CITY RESOURCES The City will make its ArcView GIS data available for this project as well as staff contacUresource persons in both the Planning Services Department and in the Legal Department. Material included with the RFP: Zoning Ordinance and Official Zoning Map Subdivision Ordinance Building Services Department's sign regulations Historic Preservation Ordinance Comprehensive Plan Material to be provided or readily available: City of Dubuque Code of Ordinances Affordable Owner-Occupied Housing Committee Report Downtown Dubuque Master Plan Engineering Department's subdivision and site development design standards Additional information can also be obtained from the Planning Services Department's section of the City of Dubuque website, www.citvofdubuaue.org. INFORMATION TO BE INCLUDED IN PROPOSAL The Proposal should address all of the points outlined in this Request for Proposal (RFP) excluding any cost information which should only be included in a separate sealed envelope labeled "UDC Cost Estimate". The proposal should be prepared simply and economically, providing a straight forward, concise description of the firm's capabilities to satisfy the requirements of the RFP. To simplify the review process and to obtain the maximum degree of comparability, the proposal shall include the following information and shall be organized in the manner specified below. While additional data may be presented, the following subjects must be included. They represent the criteria against which the proposal will be evaluated. 17 Letter of Transmittal: Provide a letter of transmittal briefly outlining the consultant's understanding of the work and the name, address, telephone number, fax number and email address of the consultant's primary contact person. Profile of Firm: Provide general information about the firm and its area of expertise as regards this RFP, including the qualifications of the Project Manager and other key personnel who would be assigned to the project. State the size of the firm, the size of the firm's professional staff, the location of the office from which the work on this project is to be performed, and the number and nature of professional staff to be employed on a part-time basis. Indicate other information that will reflect the philosophy of the firm regarding its approach to this project and how this approach will result in the successful completion of the project. Discuss the firm's ability to integrate this project into the firm's present workload. A statement should also be included with regard to whether the consulting team currently has the capacity to undertake the project or whether it intends to engage additional staff or team members. Proposal Qualifications: It is the City's expectation that qualified consultants will assemble a team with education and experience in urban planning and land use regulation; evaluation, updating, and administration of unified development codes and land use regulations -- especially zoning, subdivision, sign and historic preservation ordinances; land use law; civil engineering; design review; GIS; group facilitation; oral and written presentation skills; and graphic arts. List the names of the anticipated Project Manager and other key personnel associated with the project and their qualifications and experience. Identify the principal supervisory and management staff, including partners, managers, other supervisors and subject matter experts who would be assigned to this project. Provide as much information as possible regarding the number, qualifications, training, and any relevant continuing and professional education of the specific staff to be assigned to this project. Project Manager, partners, management, other supervisory staff and specialists may be changed if those personnel leave the firm. These personnel may also be changed for other reasons with express written permission of the City of Dubuque; however, in either case, the City retains the right to approve or reject replacements. Other personnel may be changed at the discretion of the consultant, provided that the replacements have substantially the same or better qualifications or experience. Team Experience: Describe the experience and success of the firm, as well as the experience and education of the team of key personnel proposed for the Dubuque UDC project, in performing similar projects, including the following activities: Experience and education in urban planning and land use regulation; evaluation, updating, and administration of unified development codes and land use 18 regulations --especially zoning, subdivision, sign and historic preservation ordinances; land use law; civil engineering; design review; GIS; group facilitation; oral and written presentation skills; and graphic arts. Experience, education and success in working with zoning and subdivision code revisions and preparation of UDC's in cities similar to Dubuque. Experience, education and success in working with zoning and subdivision code revisions and preparation of UDC's in Iowa. Experience, education and success in working with zoning and subdivision code revisions and preparation of UDC's involving utilization of visual code components. Experience, education and success in working with zoning and subdivision code revisions and preparation of UDC's which support and encourage development. • Experience and success in working with technical and citizen task forces. Understanding of the planning, public administration and legal context of zoning and subdivision regulations and preparation of UDC's. References: Include at least 3 client references (including individual contacts and telephone numbers) with similar projects that have been completed in the last five (5) years. List the names of the key personnel proposed for Dubuque UDC project who worked on the referenced projects. Describe the name and location of other sub-consulting firms that would be used by the firm in the project and the approximate percentage of the work that would be performed by each of these firms. Include the experience and qualifications of the sub-consultant firm and its key personnel in working on similar projects. Identify any minority or women- owned business enterprises. Scone of Services: Describe the means or strategy by which the consultant would satisfy the Scope of Services, and/or an alternative or hybrid strategy recommended by the consultant -what process and outcomes the consultant would suggest to make the project better. Include a section which establishes a work plan for the firm's approach to the completion of the project. The work plan, at a minimum, should include those components outlined in the RFP. The consultant should indicate in the proposal those aspects that might be completed by City staff or interns. All results from this project will remain the property of the City of Dubuque. For this RFP, the City of Dubuque expects that the consultant will utilize the firm's in- house legal staff orsub-consultants to provide a review of proposed UDC language with respect to nuances of the Iowa Code. Respondents must identify the capabilities of their firm's staff and/or any sub-consultants with respect to this aspect of the scope of service. If this service will not be included, the respondent shall provide a separate quote for the bid using the City of Dubuque Legal Department for this service. 19 Proposed Project Schedule: Provide a project schedule outlining the time period and estimated completion date of the proposed scope of work. This should include a schedule for and description of all deliverable products throughout the period. Products should be delivered in hardcopy and electronic formats compatible with the City's computer software and hardware. It is the intent of the City that the project will be completed within approximately 12 -18 months of signing a contract. Certificate of Insurance: The selected firm will be required to meet the City's insurance requirements for professional services (see attached Insurance Schedule C). Fees and Compensation: Provide a proposed cost plus expenses budget for completion of the proposed scope of services with cost breakdowns by scope element. Include hourly rates of personnel to be assigned to the project. The consultant should also include in the proposal their typical schedule or reimbursable activities and associated expenses. Quotation of fees and compensation shall remain firm for a period of at least 90 days from the RFP submission deadline. Please separate the proposed budget from the other portion of the RFP submittal. Initial screening will be done without knowing the consultant's proposed fee for services. BID ALTERNATES The City of Dubuque is interested in receiving a separate quote for one or more of the following alternates: On-Line UDC (optional product). For this bid alternate, the consultant would provide auser-friendly, interactive ordinance that uses the accessibility and technology of the Internet. Respondents must identify the capabilities of their firm's staff and/or any subconsultants with respect to this option. If this option is included, the respondent must provide a separate quote for this option. 2. Use of Citv Leaal Department (alternative aooroachl. For this bid alternate, the consultant would utilize the City of Dubuque's Legal Department to provide a review of proposed code language with respect to Iowa law. If this approach will be used, the respondent must provide a separate quote for this bid alternate. EVALUATION CRITERIA Proposals will be screened to ensure that they meet the minimum requirements of the proposal format. A selection committee will review qualifying proposals, and may interview the short-listed firms. The following criteria are among those that will be used to evaluate submitted proposals. 20 A high level of professional competence and a proven track record in urban planning and land use regulation; evaluation, updating, and administration of unified development codes and land use regulations -- especially zoning, subdivision, sign and historic preservation ordinances; land use law; civil engineering; and graphic arts: a. Qualifications and experience of the firm and any sub-consultants. b. Demonstration of professional and technical expertise and experience of the principal consulting staff and sub-consulting staff that will work on the project. c. If a joint venture, the track records of team members' experience working together. 2. A high level of professional competence and a proven track record in the preparation of Zoning Ordinances, Subdivision Ordinances, Unified Development Codes, Visual Preference/Community Image Surveys, and the implementation of public participation programs: a. Qualifications and experience of the firm and any sub-consultants. b. Demonstration of professional and technical expertise and experience of the principal consulting staff and sub-consulting staff that will work on the project. c. If a joint venture, the track records of team members' experience working together. 3. Design approach/methodology in completing scope of services: a. Grasp of project requirements and level of interest. b. Creativity and problem solving ability. c. Ability of consultant team to demonstrate initiative, motivation and knowledge of the City of Dubuque. 4. Responsiveness and compatibility between consultants and City: a. General attitude and ability to communicate. b. Ability to listen, be flexible, and follow and/or implement direction and/or ideas or concepts. c. How the consultant team interacts with the general public, City staff, and public officials. 5. Ability of the consultant to maintain a high level of direct interaction and communication with City officials. 6. Public facilitation capabilities and experience working with the public, as well as citizen committees, in diplomatically crafting standards and/or criteria to be incorporated into the UDC. 7. Quality of the proposal. The proposal should clearly demonstrate: a. Understanding of the City's overall objectives in the UDC process. 21 b. Ability to produce high quality documents that are user friendly with high quality graphics. c. Ability to make high quality oral and visual presentations using Microsoft PowerPoint. 8. Cost of preparing the UDC in relationship to the services offered. 9. Proposed schedule required to complete project. 10. Review of references and work product. The committee shall recommend the selection of a successful consultant to the City Manager, who in turn will make a recommendation to the City Council. Final determination of the selected consultant shall be made by the Dubuque City Council. SUBMISSION REQUIREMENTS An original plus eight (8) copies of the proposal and one (1) version on CD, all labeled Preparation of Unified Development Code must be received in the office of the City of Dubuque's Planning Services Department, 50 W. 13th Street, Dubuque, Iowa 52001 no later than 5:00 p.m. CDT on May 26, 2006. Proposals should be addressed to Laura Carstens, Planning Services Manager, at the above address. Questions can be directed to Ms. Carstens by telephone at (563) 589- 4210, by fax at (563) 589-4221, or by email at Icarstenkilcitvofdubuaue.ora. There should be no dollar units or total cost included in the proposal document. All quotes should be submitted with the proposal copies, but in a separate sealed envelope labeled UDC Cost Estimate. Each consultant assumes full responsibility for delivery and deposit of the completed proposal package on or before the deadline. The City of Dubuque is not responsible for any loss or delay with respect to delivery of the proposals. The City of Dubuque reserves the right to reject any and all proposals and to negotiate changes with any consultant. The City of Dubuque is not liable for any cost incurred by any consultant prior to the execution of an agreement or contract. Nor shall the City of Dubuque be liable for any costs incurred by the consultant that are not specified in any contract. The City of Dubuque is an Equal Employment Opportunity Employer. 22 SETTLEMENT AND STIPULATION THIS SETTLEMENT AND STIPULATION is made and entered into by and between Alter Trading Corporation, an Iowa Corporation ("Alter") and the City of Dubuque, Iowa (the "City"). WHEREAS, the City has given written notice to Alter of its intent to suspend Alter's operator's license under City Code § 29-23(a) for a period of thirty days; and WHEREAS, Alter has appealed the matter to the City Council for its review; and WHEREAS, the City has initiated litigation against Alter in the Iowa Associate Court in and for Dubuque County, for five separate civil caning citations in Case Nos. CICV 39370, CICV 39371, CICV 39372, CICV 39373 and CICV 39374 (the "Citation Cases"); and WHEREAS, the parties hereto have elected to settle and compromise their disputes as set forth herein; and WHEREAS, in anticipation of this settlement, Alter and City aze prepared to enter into a stipulation specifically setting forth the intentions, undertaking and remedies of the parties. NOW, THEREFORE, for good and adequate consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. Relocating. Alter shall use its best efforts to relocate its recycling facilities as soon as commercially reasonable to a location within the City ~ surrounding area which is , r r _ ~ r..:ately coned for the conduct of its business. 2. Scrap Pile Heiuht. Alter shall regularly monitor the height of the scrap pile from the observation points shown on Exhibit "A" (the "Observation Points"). The field of view shall be from the perspective of a person who is 5'7" tall from the Observation Points. No scrap shall be visible above the fence line as viewed from the Observation Points. 3. Fence Repairs. Alter agrees to regularly inspect and repair (or replace) any damaged fence panels deemed by the City to be in need of repair (or replacement) with such corrective activity completed within 24 hours of receiving notice from the City. 4. Breach of Covenant. In the event of a breach of any of Alter's covenants under paragraphs 2 or 3 above, Alter agrees to stipulate to a thirty day suspension of its operator's license unless the City Manager determines that a lesser suspension (or no suspension) is arr,,,Y.;ate, in his sole discretion Alter acknowledges that this stipulation is in the nature of a contract and therefore waives its right to appeal the City's decision by writ of certiorari or similar appeal Process. 5.Citv,s lu¢ht to Amerl¢. Alter acknowledges that nothing in this Settlement and Stipulation prevents the City floor further amending its ordinances with reference to any matter addressed herein. 6. Payment of Fines and Court Costs. Alter agrees to pay all fines associated with the Citation Cases, to submit to a fording of the Court and to pay all court costs associated therewith. Notice. Notices to Alter of any violations under this Agreement may be delivered r;,.s,,,.ally or faxed to the attention of the Yard Manager at (319) 583-1543. IN WITNESS WHEREOF, the parties hereto voluntarily and intending to be bound thereby, do execute this Settlement and Stipulation this day of November, 1998. CITY OF DUBUQUE, IOWA ALTER TRADING CORPORATION Alter Property 180 Harrison Street10/19/98/km CITY OF DUBUQUE, IOWA MEMORANDUM October 30, 1998 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligan, City Manager SUBJECT: Alter Trading Corporation, 180 Harrison Street -Suspension of Salvage License On August 13, 1998, t suspended the salvage license of Alter Trading Corporation, 180 Harrison Street, for thirty days as a result of repeated violations of the City Code that requires that the screening of junk and salvage yards obscure the materials from view and be maintained in good repair. Altar's code violations date back to November, 1986, and were documented in the information packet sent to the City Council in September, 1998. Since this is an existing facility, the City does not enforce the ordinance requiring that materials be screened from view from elevated areas such as the Julien Dubuque Bridge, Cleveland Park, or St. Dominic's Villa. However, Alter Scrap repeatedly allows the material to be stored above the fence making the material visible from Locust and Dodge. Alter Trading Corporation appealed the suspension of their license, and a public hearing was set for October 5, 1998. The City Council tabled this hearing, at the request of Alter Trading, to November 2, 1998, pending resolution of the suspension through an agreement with the City. Assistant City Attorney Tim O'Brien has attempted to negotiate a settlement with Alter Trading Corporation that contains the terms agreed to at a meeting I had with Altar's legal counsel, Curtis Beason, and another representative of Alter Scrap, Brent Siegerst, on Monday, September 28, 1998. To date, we have not reached an agreement with Alter. The attached letter to Alter describes this point of disagreement and indicates that the matter will be presented to the City Council. I respectfully request that a hearing be held on November 2, 1998, and that the City Council uphold the thirty day suspension of Alter's license. Michael C. Van Milligeri MCVM/j Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Laura Carstens, Planning Services Manager Tim O'Brien, Assistant City Attorney THE CITY OF DUBUQUE Showing the Spirit I have ccviewed your proposed Settleateae ~ptl StipuLtinn wids the City hfansger. F:zcept fot some minor eoaeetions, there is only one prabigt'writh the sc,......,,..t. The language of ~" paragraph 2 is unacceptable iatt's present four. 1~ip'City Mfnsget is insistent that in the event of a future violation of the visibility standntds the licentc.tnay be suspended for Chitty (30) days without nadce of nc~ violation and without Alter hstving arru,Rpornmity to remedy the violation within the business dav. The manager believes that this is whin jvas agtaed to at our meeting and was the basis fot seeking a delay to the appeal to the City' Cottncg.. t bclitn•e rhis intent could be obtained by ds:Tgtiag the last two smtencea of your patagraph 3. !n the same vein, paragraph 4 should be changed'tpeubatitute City Manager Eor City Council. if this can be worked out on the bsilp autlµte~ above, please tat me know. If not, the City Mlanaget has indinted he will advise tht Council tki~ac agiament could be reached and will put the matter un the agenda once egnitt. I loaf i.,. ~, ;°, :"`rto hearing from you. Uty Muugds 083ce 58 Wet 13th Sheet Dubuque, Low. SIODl-4864 Photw (319) 5891110 FAX (319) 589-4149 1}li Q=y of Ci ~rv/ August 13, 1998 Robert Goldstein, President Aker Trading Corporation 2117 State Street Bettendorf,IA 52722-5097 RE: Aker Trading Corporation, 180 Harrison Street, Dubuque, Iowa Dear Mr. Goldstein: As 1 indicated to you in my letter of October 15, 1997, any future citations for violations at the salvage yard operated by Aker Trading Corporation at: 180 Harrison Street in Dubuque would result in the suspension of Aker's salvage license under City Code Section 29-23(a-. 1 have been advised that Aker Trading Corporation has been cited for additional violations of City Code Section 29-13 at this location on August 8, 7, 8, 10 and 11, 1998. Pursuant to the authority granted to the City Manager under City Code Section 29- 23(al, the salvage license of Alter Trading Corporation is hereby suspended for a period of thirty (301 days. Aker Trading Corporation may appeal this suspension to the City Council. The effective data of the suspension is postponed for a period of ten 110) days from today's date to allow for the filing of such an appeal. If such an appeal is filed, the effective date of the suspension will be furthered delayed pending action on the appeal by the City Council Sincerely, "~ Michael C. Van Milligan City Manager cc Berry Lindahl, Corporation Counsel James O'Brien, Assistant City Attorney Laura Carstens, Planning Services Manager Mary Davis, City Clerk Susan Brennan, Zoning Enforcement Officer Mike Rettenmeier, Crime Prevention Officer Alter Trading Corporation, 180 Harrison Street, MCVM/dd Dubuque,lA 52001 scan _ ~,~~. ~_._~... e_---- ~-„~_ Planning 3=_ ~ ..,.. C_,~ ~_....t City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589.4210 office (563) Sg9-f221 fax planninL;,:_, .:dubuque.org Dawn O'Meara Operations Superintendent Alter Scrap Processing 180 Harrison Street Dubuque, IA 52003 SUBJECT: Scrap Yard Dear Ms. O'Meara: Tf6 QrYQ ~~ DUB E August 28, 2001 This letter is a follow-up to our meeting on August 23, 2001. At that time, we briefly discussed the history of the salvage yard and past violations of the City Code. You agreed to repair certain fence panels fronting Salina Street, and will continue to inspect the entire fence (e.g., facing Selco's property) for damage and maintenance purposes. I trust that all of the holes will be patched and repairs will be completed by September 4, 2001. If the City construction project concerning Salina Street interteres with or impedes the fence repair work, please let me know. Enclosed for your information and review is a copy of a Settlement and Stipulation between the City and Alter Scrap Trading Corporation signed on November 16, 1998. It is my understanding the agreement is currently in effect. In the event that the promises made in Paragraph 2 or 3 by Alter are not performed, the City will act to suspend Alter's salvage license, unless the City Manager determines otherwise. When we met, the scrap pile was not visible above the fence line. The salvage yard and surrounding area were well maintained except for a few fence panels in need of repair. If you have any questions with respect to this matter, please call me. Sinc~ely, Susan Brennan Zoning Enforcement Enclosure Service People Integrity Responsibility bvwvation ".,, ,,. .,', I80 Hamson • Dubuque, Iowa 52003 Alter Pi-acessing August 29, 2001 Susan Brennan Zoning Enforcement City Hall 50 West 13`h St. Dubuque, Iowa 52001-4864 Deaz Ms. Brennan: AUG 31 2001 Thank you for your follow up letter, and the copy of the agreement between the city and Alter Company. The fence repairs were completed on August 23, 2001. We will continue to daily monitor the fence and the surrounding azea. I have visited with our neighbors at Selco, Crescent Electric, Portzens, and Wenzel towing to maintain the friendly relationships that we know enjoy. As w¢ discussed during your visit, we do not intend to let our scrap piles reach the top of the fence. It is much easier to work in a clean and safe environment. We have a visit scheduled with Mr. VanMilligan on September 6, 2001 at 10:00 am to review any areas or questions that the city or Alter may have. I look forward to meeting with the city personnel on that day and to the knowledge that they may provide. Thanks again for taking the time to keep me informed and I hope we can continue to do our part in keeping Dubuque looking beautiful. Sincerely, Dawne O'Meaza Operations Supervisor ............................ !fit is not 6eeaming to you, it should be coming to w. REPORTED VIOLATIONS GRANT , YES ^ N0 TRACT BLOCK '~-~c/ I ZONE C`~" Violation ~( Address Property Owner a,[_~C.L,s Address City/State/Zip Date Complainant Sj~.t Cm,,.~e1~a-r. of NATURE OF COMPLAINT ^ Vehicle Storage ^ Salvage ~ Other ~~ rye,, 1st Inspection Q - Zj - ~ ~ Violation ^ Znd Inspection 9 ~- Letter Sent / 6' (2- a~ DATE ACTMTY No Violation ^ Deadline/Comply CLOSED ~QJ'?`~- ~~ Page 1 I.C.A. § 414.3 Iowa Code Annotated Currentness Title IX. Local Government "~ Subtitle 4. Cities L efs & Annosl "® Chanter 414.. City Zoning (Refs & Annosl •414.3. Basis of regulations The regulations shall be made in accordance with a comprehensive plan and designed to preserve the availability of agricultural land; to consider the protection of soil from wind and water erosion; to encourage efficient urban development patterns; to lessen congestion in the street; to secure safety from fire, flood, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to promote the conservation of energy resources; to promote reasonable access to solar energy; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. However, provisions of this section relating to the objectives of energy conservation and access to solar energy do not void any zoning regulation existing ou July 1, 1981, or require zoning in a city that did not have zoning prior to July 1, 1981. Such regulations shall be made with reasonable consideration, among other things, as to the chazacter of the area of the district and the peculiaz suitability of such azea for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such city. CREDIT(S) Amended by Acts 1965 (61 G.AJ ch. 374, § 6; Acts 1974 (65 G.A.) ch. 1087, § 32; Acts 1981 (69 G.A.) ch. 125, § 2; Acts 1982 (69 G.A.) ch. 1245, § 18. HISTORICAL AND STATUTORY NOTES 1999 Main Volume The 1965 amendment in unnum. paz. 1, inserted "floods,". © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. 6-1.1. General Statement Of Intent: 6-1.1. General Statement Of Intent: http: //66.113.195.234/IA/Dubuque/52006000000002000. htm The Council finds that the reclassification of property is a sensitive and important legislative function which, in the interest of maintaining uniform zoning policies and the integrity of the Comprehensive Plan, should only be exercised sparingly and under proper conditions. For this reason, and because the original zoning district boundaries under this Ordinance are presumed to be correct and appropriate, it shall hereafter be the policy of the City Council to reclassify property only where a clear showing has been made that the original classification was a mistake or that circumstances and conditions affecting the property in question have so materially changed so as to demand reclassification in the public interest. The reclassification procedures outlined herein should not be confused with, or used in place of, the ordinance amendment process or the variance process. Thus, the Council intends that reclassification of property should not be entertained where: 1) an alleged hardship peculiar to the property is claimed, which is more properly the subject of a variance request, or 2) it is alleged that the ordinance provisions themselves as applied to similar properties are unreasonable, which is more properly the subject of an amendment proposal. In all cases, the burden shall be upon the person(s) seeking reclassification to demonstrate that the requested reclassification is more appropriate than the present classification, in light of the characteristics of the property and the public welfare. Furthermore, it is contemplated under this Ordinance that the Long-Range Planning Advisory Commission is, in the first instance, the body responsible for the formulation and continuing review of the Comprehensive Plan, as expressed herein, and that the Commission shall be charged with the duty of periodically reviewing the policies and provisions of this Ordinance in light of its purposes and changing conditions, and proposing on its own initiative such district reclassifications or ordinance amendments as may be deemed appropriate to secure the public welfare. 1 of 1 5/15/2006 5:39 PM Sec. 29-6. Fencing Requirements For Junk And Salvage Operations: http://66.113.195.234QA/Dubuque/34000001000006000.htm Sec. 29-6. Fencing Requirements For Junk And Salvage Operations: (a) An operator of a junkyard/salvage operation shall submit to the city development planner a screening plan which shall be approved for each individual premises. The screening plan shall integrate the screen with the natural surroundings and shall consider and make provisions to assure reasonable access to the screen for purposes of maintaining the screens. (b) The purpose of screening is to eliminate the visual impact of the junkyard contents by obscuring it from view outside the premises. (c) Materials for use in screening of junkyard shall generally consist of natural objects, plantings, fences, or other appropriate means such as storage sheds, buildings and other similar elements. (1) Natural elements shall be earthen berms, rock formations, wooded areas, or other similar elements. (2) Plantings shall be shrubs and trees of such types as to provide year round obscurement commensurate with local site conditions. All plant material used for screening shall be of a size and quantity to provide obscurement. (3) Screens shall be made of wood, metal or other materials commonly used in the building trade, and shall be of such height and type as necessary to provide obscurement. Screens shall be designed to withstand a minimum wind load of twenty (20) pounds per square foot and shall be of a permanent nature. All materials used for finishing screens shall be a nonreflective material which will blend with the natural surroundings. Screening shall not be placed in any manner so that either the screen or the maintenance of screen will create or contribute to the creation of a safety hazard or endanger public safety, nor will it interfere with the public's use of any right of way. (d) Junkyard/salvage operators shall maintain the screening in a condition equal to the original installation of the screening. Maintenance shall include, but not be limited to, the following items: (1) Replacement of plant material which is dead or has been damaged so that it no longer serves the intended purpose of screening the operation. (2) Screen maintenance shall include the renewal of the surface treatment with stains, paints, or other appropriate materials when needed and the replacement of panels, sections, members or support structures of the screening when needed. (1976 Code, § 22-6) I of 1 5/15/2006 5:38 PM 3-5.5. Planned Unit Development District (PUD). http://66.113.195.234/IA/Dubuque/52003000000028000. htm 3-5.5. Planned Unit Development District (PUD). (A) General purpose and description. The planned unit development (PUD) district is intended to encourage flexible and innovative design in the development of appropriate sites as integrated project units. Regulations for this district are designed: (1) To allow a workable, interrelated mix of diverse land uses; (2) To encourage flexibility in design for efficiency and cost savings for the developer and the community; (3) To maximize the potential for large-scale office, residential, commercial and industrial development and at the same time reduce to a minimum the impact of the development on surrounding land uses and the natural environment; (4) To encourage new development to preserve and utilize existing land characteristics and features which offer visual recreational benefits or other amenities; (5) To promote the economic, attractive, innovative and harmonious arrangement and design of new buildings, streets, utilities and other improvements or structures; (6) To provide a living, working and shopping environment within the layout of the site that contributes to a sense of community and a coherent lifestyle; (7) To provide for the creation and preservation of more and larger useable public or common open spaces than would normally be provided under conventional development; (13) To encourage the careful design and planning of larger development projects; (g) To give developers reasonable assurances regarding project approvals before the unnecessary expenditure of design efforts, while providing the city with appropriate assurances that approved PUD's will retain the character envisioned at the time of project approval. Property may be reclassified to the planned unit development designation when the proposed development plan will promote the purpose of the district and this ordinance and is formulated in conformance with the review procedures and standards of this section. (B) General Requirements: A PUD may be established on any parcel over two (2) acres for residential, office, commercial or industrial development. A PUD is required for all department stores over sixty thousand (60,000) square feet of building area, regional shopping centers, all multi-family structures over twelve (12) units per building, and for all new industrial parks and all new office parks. The city of Dubuque may request or require a PUD classification. Such PUD district designation(s) shall be shown on the official zoning map as a P followed by a letter designating the primary use, C (commercial), O (office), I (industrial), or R (residential); therefore, showing a PR, PO, PI or PC designation. (C) Permitted Uses: Each planned unit development shall allow any principal permitted use I of 6 5/15/2006 5:39 PM 3-5.5. Planned Unit Development District (PUD). http://66.113.195.234/IA/Dubuque/52003 000000028000. htm allowed by the zoning ordinance, which by design and use and restriction is compatible with all adjacent uses, and which is specifically listed in the ordinance adopted for the PUD. In all PUDs, the following uses are also permitted: (1) Accessory buildings and uses customarily incidental to a permitted use; (2) Group daycare centers provided that no group daycare center may be located in or adjacent to any structure or storage area where hazardous materials are present; and (3) Temporary uses related to the construction of PUD improvements, and to principal permitted uses in the PUD. (D) Development Regulations: Lots, uses, signs and structures shall conform to the bulk, sign, parking and any other development regulations specifically provided in the ordinance establishing a particular PUD district or in ordinances adopted pursuant thereto; however, PUD districts established prior to adoption of this ordinance without specific bulk, sign, parking and other development regulations shall be regulated by said regulations of the most compatible district allowing the existing uses which are in the PUD. In all PUDs the following minimum standards shall be met: (1) General Standards: (a) The density and design of the PUD shall be compatible in use, size and type of structure, relative amount of open space, traffic circulation and general layout with adjoining land uses, and shall be integrated into the neighborhood. (b) The PUD shall take into consideration the impact in existing streets and utilities. (c) The economic, environmental and neighborhood impacts of the development shall be considered. (d) The PUD shall conform with the adopted long range comprehensive plan. (2) Specific Standards: (a) Maximum land coverage of all buildings and impermeable areas shall be established. (b) Minimum open space shall be established and continued maintenance of the open space shall be provided in the specific PUD ordinance. ("Open space" means land area of the PUD not covered by buildings, parking or vehicular maneuvering areas, but including storm water detention basins, recreational and pedestrian areas, natural features, such as water courses, woodlands, bluffs, etc., and private yards, if any.) (c) Minimum interior and perimeter setbacks shall be established. (d) Structures, other than single-family, adjacent to existing single-family dwellings 2 of 6 5/15/2006 5:39 PM __ 3-5.5. Planned Unit Development District (PUD). must be adequately screened and landscaped. http://66.113.195.234/IA/Dubuque/52003000000028000.htm (e) Sign regulations for the PUD development shall be established. (f) Provision for the continued maintenance of all improvements shall be noted within the ordinance establishing the PUD district. (3) Other Conditions: Other conditions may be required, if found necessary to protect and promote the best interests of the surrounding property or the neighborhood. These conditions may include, but are not limited to, the following: (a) Improvement of traffic circulation for vehicles and pedestrians in the proposed development and adjoining properties and streets. (b) Specific landscaping/screening/ lighting requirements to maintain privacy or reduce impacts in adjoining properties. (c) Joint use of private open space or amenities by adjoining property owners. (E) Procedure For District Establishment And Expansion: (1) Preapplication Conference: Prior to any application for PUD district establishment, the applicant and/or their representative shall meet with planning services staff to determine the applicability of the development, timing of procedure, and any other pertinent information appropriate to the proposal. (2) Application And Submission Of Conceptual Development Plan: After the preapplication conference, the application for PUD district establishment shall be filed with an appropriate filing fee with the planning services office. The application shall be submitted with a conceptual development plan, which shall include the following: (a) Legal description and address of property. (b) Name, address and phone number(s) of the property owner(s). (c) Number, type and general location of residential units. (d) General location and type of nonresidential uses including commercial, office and industrial uses. (e) General location and type of recreational (passive and active) and open space (usable and nonusable) areas. (f) Location of existing infrastructure and utilities, including: streets with appropriate grades, sidewalks; access drives; water, sanitary sewer and storm sewer drainage systems, where appropriate. (g) Proposed access to public right of way, including approximate grades, traffic projections and general indication of traffic control measures. (h) Sketches to indicate the general design of building types and the overall character of development. 3 of 6 5/15/2006 5:39 PM 3-5.5. Planned Unit Development District (PUD). http://66.113.195.234/[A/Dubuque/52003000000028000.htm (i) Existing contours of the property taken at regular contour intervals. Q) Proposed parking facilities, including surtace lots, ramps and loading/delivery areas. (k) Location of natural features, including woods, bluffs, watenroay courses, floodways and meadows. (I) Conceptual landscape plan showing berms, plantings and fences. (m) Proposed development conditions for bulk, sign and parking regulation. (n) A location map or other framing at appropriate scale showing the general location and relation of the property to surrounding areas, including the zoning and land use pattern of adjacent properties, the existing street system in the area, and location of nearby public facilities. (o) Other information as required by the city planner as necessary. (3) Commission Hearing. A public hearing shall be held by the Zoning Commission on the PUD application in the same manner and with the same public notice procedure as required for zoning reclassification. (F) Plan Approval Standards. The Zoning Commission and City Council shall not approve the PUD application plan unless and until the Commission and Council determine that the conceptual development plan conforms to each of the following standards: (1) The conceptual development plan is in substantial conformance with adopted Comprehensive Plan to guide the future growth and development of Dubuque. (2) The proposed development is designed so as to be functionally integrated with existing City streets, sanitary and storm sewer and water service. (3) The proposed development shall not interfere with the appropriate use and enjoyment of property on abutting districts. (4) The conceptual development plan will not violate any provision or requirement of the Zoning Ordinance. (5) Natural drainage areas are retained as appropriate and improved if necessary. (6) Due consideration is given to preserving natural site amenities and minimizing the disturbance to the natural environment. (7) Existing trees are preserved wherever possible, and the location of trees will be considered in designing building locations, underground services, and paved areas. (8) If the development includes flood plain areas, they shall be preserved as permanent open space. (g) Due consideration is given to the natural topography and major grade change is and will be avoided. If the development includes hillsides and slopes, special evaluation is 4 of6 5/]5/2006 5:39 PM 3-5.5. Planned Uni[ Development District (PUD). http://66.113.195.234/IA/Dubuque/52003000000028000.htm given to geological conditions, erosion and topsoil loss. (10) If unfavorable development conditions exist, the Commission and City Council may restrict clearing, cutting, filling, or other substantial changes in the natural conditions of the affected area. (G) Commission Recommendation. The Zoning Commission's recommendation shall be transmitted to the City Council with a statement of reasons in support of, or in opposition to, the application, and with recommended conditions or restrictions to be included in an ordinance authorizing the PUD district. The conditions or restrictions shall include, but not be limited to: € Time limitations, if any, for submission of final site plans and commencement of construction. € Uses permitted in this District. € Lot, bulk and performance standards for the development and operation of the permitted uses. € Requirement that any transfer of ownership or lease of property in the District include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the District. € The submittal and approval of a final site plan may be required by the Zoning Commission to determine if the final detailed plans are in conformance with the conceptual development plan. (H) Council Action. (1) Upon the recommendation of the Zoning Commission, the City Council shall act in the manner provided by law to approve or disapprove the requested PUD zoning reclassification of the property. The affirmative vote of at least three-fourths (3/4) of all the membership of the Council shall be necessary to approve the conceptual development plan when the Commission has recommended disapproval thereof, or to remove any conditions, requirements, or limitations imposed by the Commission in approving the conceptual development plan. The ordinance authorizing the establishment of a PUD district shall be recorded in the office of the Dubuque County Recorder at the applicant's expense. (2) Approval of the conceptual development plan shall be valid for the time established in the adopting ordinance. The Commission may grant an extension of the new conceptual development plan in conformity with the procedures and standards of this Section. (3) A new or amended conceptual development plan may be filed at any time within the period of time as established by the adopting ordinance and shall follow the same procedure as for the original submittal. (I) Development According To Final Site Plan. (1) Submission Of Final Site Plan. After passage of the ordinance authorizing the establishing of a PUD district by the City Council, the applicant shall submit a final site 5 of 6 5/15/2006 5:39 PM 3-5.5. Planned Unit Development District (PUD). http://66.113.195.234/IA/Dubuque/52003000000028000.htm plan to the City Planner within the period of time, if any, specified in said ordinance. The final site plan shall be in substantial conformance with approved conceptual development plan. (2) Site Plan Review. No building permit shall be issued for any site unless a final site plan has been submitted and approved in accordance with the provisions of Section 4-4 of the Zoning Ordinance and unless such plan conforms with the conditions of the adopted conceptual development plan and PUD ordinance. (3) Construction Of Improvements And Posfing Of Bond. No buildings may be erected and no uses may occupy any portion of the PUD district until the required related off-site improvements are constructed or appropriate security as determined by the City Manager is provided to ensure construction. If the PUD district is to be development in phases, all improvements necessary for the proper operation and functioning of each phase, even though some improvements may be located outside of the section, must be constructed and installed or appropriate security as determined by the City Manager must be provided to ensure their construction. (4) Time Limitation. If substantial construction or development does not begin within the period of time specified in the ordinance authorizing the establishment of the district or in the ordinance adopted pursuant thereto, the City Council may, on its motion or on a recommendation of the Zoning Commission, rezone the property or any portion thereof to the zoning district classification that prevailed prior to the approval of the PUD classification, with proper notification to the property owner(s), in the same manner as zoning reclassification. (5) Extension Of Time Limitation. The time limitation specified in the ordinance authorizing the establishment of the PUD for submission of final site plans and for completion of construction may be extended by the Zoning Commission upon a showing of good cause. (6) Changes From Plan. After recording of a final site plan, changes consistent with the purpose or intent of this Section may be approved by the City Planner. Substantial changes affecting the purpose or intent of the section shall require a new application to be filed. 6 of 6 5/15/2006 5:39 PM Welcome to~the Dear Citizen: Comprehensive Plan It is our pleasure to welcome you to the Citizen's Guide to Dubuque's Comprehensive Plan. Our Comprehensive Plan is the community's guide to future development, public policies, and decision-making. It looks at the city as a whole and the surrounding region. It examines the past and present conditions of the community to determine the direction for future growth and development. Comprehensive planning reflects a consensus o[ community values in a series o[ goals, which set the direction [or the future of the city and for improving the quality of life in Dubuque. The purpose of this guide is to explain the Comprehensive Plan to the citizens of Dubuque. Over 5,000 area citizens participated in the Vision 2000 community planning process in 1991 and 1992. The product, a shared vision statement for the tri-state area, serves as a guide [or community decision- making and long-range planning. The Comprehensive Plan builds on Vision 2000 with policies, goals and objectives [or physical, economic, and social aspects of the community. The Comprehensive Plan was adopted by the City Council in two phases in 1994 and 1995. The plan was updated in 2000-2002. The plan may be amended by the City Council as needed. Dubuque's citizens provided input during the Plan's update through public comment sessions and focus group meetings over a two-year period. Planning Dubuque's future will help make sure the roads, sewers and other services will be more efficient and thus public money better spent. Dubuque's Comprehensive Plan consists of 14 elements represented in this guide. the elements of the Comprehensive Plan include: • Physical Environment -Land Use and Urban Design, Transportation, Infrastructure, and Environmental Quality. Economic Environment -City Fiscal and Economic Development Social Environment -Health, Housing, Human Services, Education, Cultural Ar[s, Recreation, Public Safety, and Diversity. The opening paragraph of each element is a policy statement. The policy statement sets the context and provides the framework for the goals and objectives of that element. The goals and objectives that follow each policy statement are numbered for easy reference. The numbers do not reflect priorities. Goals are shown in bold type for each element. Goals are intended to be broad in scope and fundamental in purpose, a set of unique approaches for realizing the policy statement [or that element. They generally are not quantifiable or measurable, serving instead as boundaries, which define objectives and action steps. Following each goal is a set of objectives. Objectives allow communication and common understanding of what is to be achieved, helping people know what is expected. They are significant and challenging, yet reasonable and achievable methods to accomplish the goals. The Comprehensive Plan also includes a Proposed Land Use Map that shows potential development alternatives Eor Dubuque's long-range growth in and around the city. Land uses within the City limits are based on a number of factors: public input, existing zoning, existing land uses, development patterns and the 1995 Future Land Use Map. The map also shows the land uses for the primary growth areas within the City's two- mile extraterritorial jurisdiction limits. The Proposed Land Use Map is intended to become the City's interim guide for zoning, annexation and subdivision decisions. While not a zoning map or an annexation strategy, it will help the City Council to evaluate rezoning and annexation requests. A community's vision of the future depends upon the efforts of its citizens. By communicating with City officials, attending meetings, and volunteering for Boards and Commissions, your involvement in comprehensive planning helps to shape Dubuque. We hope you find this guide useful. Please call the Planning Services Department at 563-589-4210 if you would like more information. Sincerely, ~yUr ©r~ uggan and the Dubuque City Council Table of Contents Physical Environment Land Use and Urban Design Transportation Infrastructure _ Environmental Quality Economic Environment City Fiscal Economic Development Social Environment Health. Housing Human Services Education Cultural Arts Recreation Public Safety Diversity 1 5 8 12 15 19 23 27 30 33 37 40 43 47 Land use and urban design goals must address interrelated factors affecting the physical development of a city, including the satisfaction of human needs, the vitality of the local economy, the protection and enhancement of the natural and built environment and the efficiency of public infrastructure and service provision. Urban design establishes a context for development in response to the community's desired image. While new development is encouraged, short term benefits must be weighed against long term impacts to the community's quality of life. Land use and urban design decisions will always affect the future in significant, and sometimes irreversible, ways. It is incumbent that a land use plan balance the need for growth with the protection of existing community assets. To protect and enhance the viability, livability and affordability of the city's residential neighborhoods while integrating multifamily development throughout the community. 1.1 Promote inclusive and economically integrated neighborhoods [hat allow a diverse mix of residents and housing types. 1.2 Provide a range of housing options throughout the community 1.3 Connect and interrelate neighborhoods with greenbelts or other pathways, commercial nodes or public facilities. 1.4 Preserve historic and aesthetic character and function of established neighborhoods. 1.5 Protect existing residential areas from encroachment by incompatible developtnem. 1.6 Provide neighborhood amenities throughout the community in an equitable manner. 1.7 Encourage neighborhood identity, planning and pride of place. 1.8 Preserve the environmental quality of residential areas and buffer from Hoodoos or nuisance impacts. Ensure that opportunities for convenient and concentrated commercial development are provided to support both the local and regional market. 2.1 Protect downtown commercial core and encourage continued reinvestment and redevelopment. 2.2 Encourage expansion of commercial opportunities in existing commercial corridors or nodes where infrastructure can suppott growth. 2.3 Provide opportunities for neighborhood commercial centers that assure compatibility with residential r.,,Y~.,y: 2.4 Preserve historic and aesthetic chamcter and function of established commercial districts. Provide sufficient opportunities for industrial development sites within the community. 3.1 Promote the retention and expansion of existing, and attraction of new, industrial development opportunities in suitable locations, including airport environs. 3.2 Protect existing industrial and airport development from encroachment by incompatible development. 3.3 Encoumge annexation of land suitable for industrial usage if necessary. 3.4 Lessen negative impacts to residential areas which are located near industrial areas. To balance open apace and environmental preservation with the community's development needs. 4.1 Protect and preserve existing open space and park land to meet the community's needs. 4.2 Encourage expansion of urban green spaces in suitable locations. 4.3 Provide open space easily accessible to residents at neighborhood level. 4.4 Incorporate green space imo all new development wherever possible. 4.5 Limit development along bluff lines and protect scenic vistas. 4.6 Protect and enhance riverfront and related wetlands, waterway corridor and other sensitive land areas. Encourage that the physical character and form of the city reflects its historic setting and that the built environment is compatible with the city's natural environment 5.1 Define and enhance city gateways and focal points to create a sense of place. 5.2 Protect and preserve the city's historic buildings, urban pattern and natural environment 5.3 Protect natural vistas from the clutter of imrr.,,r.ate physical development. 5.4 Promote quality in the design and construction of new public and private development. Encourage the concept of mixed use development to create diverse and self-sufficient neighborhoods. 6.1 Promote a compatible mix of land uses that create a diversified _ urban environment that mixes shopping, employment, recreation and residential opportunities where appropriate. 6.2 Buffer and protect incompatible uses from each other. 6.3 Limit sprawl and aggregate travel time through use of mixed use ._ developments. To encourage redevelopment opportunities within the city in an effort to revitalize unused or underused property while promoting the preservation of viable and affordable housing stock. 7.1 Encourage redevelopment or adaptive reuse of vacant or underutilized buildings and sites. 7.2 Promote in fill development, where appropriate, to encourage more compact urban form and avoid needless and costly sprawl. 7.3 Promote redevelopment that maximizes existing infrastructure. 7.4 Strive to eliminate slum and blight. To provide physical accessibility throughout the city. 8.1 Encourage and facilitate urban accessibility by walking, cycling and/or public transit as well as by auto. 8.2 Encourage new development concepts that by design enable people to walk to work, school, day care, shopping and recreation. 8.3 Facilitate, where possible, enhanced accessibility within existing development. 8.4 Encourage the development of pathways that link the community together in a cohesive manner. 8.5 Encourage the provision of access to persons with disabilities. To promote principles of good urban design as part of all development. 9.1 Enhance the aesthetics of new and existing development -- design, landscaping, parking, signage -- with special sensitivity to the historic character and building materials found in the community 9.2 Avoid negative impacts on established development and street system. 9.3 Encourage environmentally compatible and sensitive design that fits the development site. 9.4 Promote energy conservation efforts m building design, materials and orientation. 95 Reflect land conservation practices in density and building patterns to encourage compact urban form versus sprawl. 9.6 Provide Eor flexible development requirements that avoid duplication in design. 9.7 Adapt land use controls to fit the various historic development patterns and neighborhoods that reflect urban, suburban and rural characteristics. 9.8 Compliment the human scale and historic bulk and mass of existing structures when designing new or redeveloped structures. To plan for the city's future and orderly development within a regional context. 10.1 Consider [he community's regional setting and economy when assessing the opportunities and constraints for land development. 10.2 Minimize the negative impact of urban fringe development on regional watersheds, ecosystems and rural infrastructure. 10.3 Encourage city-county cooperation to develop policies Eor development of Fringe areas, to enhance development and avoid unregulated sprawl. 10.4 Limit undefined urban sprawl by clearly defining the city's edge with open space, bringing corridors of green into the city along natural and roadway corridors. 10.5 Encourage cooperative regional planning with all levels of government, to develop a strategic plan Eor fringe area development that may include annexation. 10.6 Balance farmland and critical area preservation with the need to annex developable land for urban expansion. 10/51/05 17:00 FAS 585844110( MED•ASSOC ,~][IN ( + OCONNER THOMAS ~ 009 ': ~~ - - '. ORDINANCE N0. Z4 -94 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY • LOCATED EAST Of THE NORTHWEST ARTERIAL AT CHAVENELLE ROAD FROM R-1 SINGLE- ' FAMILY RESIDENTIAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DISTRICT DESIGNATION AND A PR PLANNED RESIDENTIAL DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL Of THE CITY OF DUBUQUE, IOWA: - Section I. Appendix A (the Zoning Ordinance) of the City of Dubuque Lode of Ordinances is hereby amended by reclassifying the hereinafter described property from R-1 Single-family Residential District to PUD Planned Unit Development District with a PC Planned Commercial District designation and a PR Planned Residential District designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, with conditions as stated below, to wit: Lot 2 of Lot 8, Sunset Park Sixth Addition; Lot C, Sunset Park Eighth Addition; and Lot 1 of the SE 1/4 NW 1/4, Lot 1. of Lot 2 of the SW 1/4 NW 1/4, Lot 1 of the NE 1/4 SW 1/4; and Lot 1 of Lot 2 of• the NW 1/4 SW I/4, all in Sec. 28, T. 89 N., R. 2 E. of the 5th P.M., to the center line of the addoining public right-of-way, all in the Cii;y of Dubuque, Iowa. Section 2. Pursuant to Iowa Code Section 414.5 (1993), and as an express condition of the reclassification, the undersigned property owner(s) agree(s) to the following conditions, all of which the property owner(s) further agree(s) are ^- 1 reasonable and imposed to satisfy the public needs that are caused directly. by J the zoning reclassification: Llse Fjegyla±.inn~ The following regulations shall apply to all uses made of land in the PUO District 1n accordance with the conceptual development plan: 1) Phases 1, 2 and 3 Business--All principal permitted, accessory, conditional and• temporary uses allowed in the C-3 General Commercial District as established'in Section 3-3.3 of the Zoning Ordinance. 2) Phase I Residential--All principal permitted, accessory, conditional and temporary uses allowed. in the R-2 Two-Family Residential District as established in Section 3-1.2 of the Zoning Ordinance. 3) Phase 2 Residential--All principal permitted, accessory, conditional and temporary uses allowed in the R-3 Moderate Density Multi-Famil y Residential District as established in Section 3-1.4 of the Zoni ng Ordinance. 4) Phase 3 Residential--All principal permitted, accessory, conditional and temporary uses allowed in the R-4 Multi-Family Residential DistYict~;as established in Section 3-1.5 of the Zoning Ordinance. 5) City Park Land and Natural Preserve--Public and private parks, nature preserve and similar passive and active recreational uses_ -_, __, -.. _...... ..... ................ e~,y noo~,V nuaat~ (~ Ul:U1VnP:K '17IOIA9 Im004 ." ~ ORDINANCE N0. 24 • -94 Page 2 g, ,wPlnnmeo+. let and Bulk RPpulations~ ~, Development of land in the PUD District shall be regulated as follows: i) All buildings, structures and activities shall be developed in conformance with the conceptual development plan and all final site development plans shall be approved in accordance with provisions of this ordinance and of Sections 3-5.5, 4-4 and 4-5 of the Zoning Ordinance. 2) A11 buildings and structures shall be located in accordance with the lot and 6u1k regulations of the Districts identified in Section 2. A. of this ordinance for Phases 1, 2 and 3 Business and Phases 1, 2 and 3 Residential, and in accordance with the bulk regulations of the POS Public Open Space District for City Park Land and Natural Preserve, as established in Section 3-5.4 of the Zoning 6rdinance. 3) A maximum building height of 40 feet shall be allowed for the medical and commercial uses, except a maximum 30 feet height limit shall be required for Lot 1. L. eerfgrman~e St~ndar~y, The development and maintenance of uses in this PUD District shall be established in conformance with Section 3-5.5 of the Toning Ordinance and the following standards: 1) Lighting shall be provided per City standards. 2) Landscaping shall 6e provided in compliance with Section 4-5 of the Zoning Ordinance and as stipulated in the conceptual development plan. 3) All utilities including telephone and cable television shall be installed underground. 4) Sidewalks shall be placed four (4) feet behind tha curb parallel to the street on all public street frontages and connecting commercial, residential and institutional areas and constructed in accordance .with City standards. 5) To preserve topographical and natural •.features and to provide visual interest, an alternative pedestrian system that provides safe and convenient circulation may 6e placed in accordance with the green ways, City park land, natural preserve and open space areas designated on the conceptual development plan and constructed in accordance with City standards away from the street system to link dwelling units with other dwelling units, streets and on-site activity centers such as parking and recreation areas_ 6) Final site development plans shall be submitted to the City Planner for approval prior to the issuance of building permits and/or related constr-uction permits in accordance with Sections 3- ~; ~ 5r5 and 4-4 of the Zoning Ordinance, unless otherwise exempted. ~,J 7) Major final site development plans for Phases 1, 2 and 3 Business also shall be submitted to the Zoning Commission. The Commission a-. -.. vv a..uu rm aooaoYallU AIED ASSOC ADYIN i OCwv.~an T$01[A$ ~OOb .z / ORDINANCE N0. 24 -94 ' Page 3 shall approve the site plans if they are determined to be in substantial conformance with the conceptual development plan. 7} Parking requirements shall be in accordance with Section 4-Z of the Zoning Ordinance. 8) Preliminary and final subdivision plats shall be submitted to the City Planner for approval in accordance with Chapter 42 (Subdivision Regulations) of the Code of Ordinances. 9) All streets shall be dedicated to the public. D. Open 5oace and Recrgatipnal Are~,4, 1) Those areas not designated on the conceptual development plan for developpment, and those areas designated an said plan as green way, shall be maintained as open spate, as defined by Section 8 of the Zoning Ordinance, by the property owner(s) and/or property or home owners' association. 2j' Those areas designated oe tM co~~~tnal development plan as City ppar~k land and natural presarw ahal'f be dedicated tq thm t^i of Qubuer~~rra to atcoMsACd. with CNaptar 4F (Subdivisi®a Regulations sf. tFu Codo of Ordinances:` E. Sian Rpaulation~ The sign regulations for the PUD District shall be in accordance with Section 4-3.11 of the Zoning Drdinance as follows: '~ 1) Phases 1, 2 and 3 Business (Medical Office): ID Institutional District. Z) Phases 1, Z and 3 Business (Offica/Retail/Service): C-3 District. 3) Phases 1, 2 and 3 Residential, City Park Land and Natural Preserve: R-1 District. F. ~idi~innal Stapdard~ 1) The conceptual development plan shall be valid for a period of ten (IO} years. The Zoning Commission may grant an extension in accordance with Section 3-5.5 of the Zoning Ordinance. 2) No buildings may be erected and no uses may occupy any portion of the PUD District until the required related off-site improvements are constructed or appropriate security as determined by the City Manager is provided to insure construction. As the PUD .District is to be developed in phases, all improvements necessary for the proper operation and functioning of each phase, even though some improvements may be located outside of the phase under development or outside the PUD District, must be constructed and installed or appropriate security as determined by the City Manager must ba provided to insure their construction. ' 3) AFcess to the Northwest Arterial for Phases 1, 2 and 3 Business ~~ shall 6e approved by the City Council and limited to a full, signalized intersection at Chavenelle Road, provided a restricted emergency-only access approved by the Fire Marshal shall be provided to Donovan and Melu Drives. ___ 10/Jl/Ob 17:01 FAE SBJ5844110 1DiD ASSOC ADYIN ~ OC,.,~.~an THOMAS X008 . ~ ` ' ORDINANCE N0. 24 -94 Page 4 _ 6. Transfer of Ownershjn Transfer of ownership or lease of property in this PUD District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. H. Reclassification, of Subtect Proaerty~ The City of Dubuque, Iowa, may initiate zoning reclassification proceedings to the R-1 Single-Family Residential District in accordance with Section 6 of the Zoning Ordinance if the property owner(s) fail(s) to complete or maintain any of the conditions of this ordinance. I. Mndific;j:j,on~ Any modifications of this ordinance must be approved 6y the Zoning Commission and/or City Louncll in accordance with Sections 3-5.5 and 6 of the Zoning Ordinance. J. Rgterdina_ A copy of~ this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque Gounty•Recorder as a permanent record of the conditions accepted as part of this reclassification approval within ten (10} days after the adoption of, this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take affect upon publication, as provided by law. Passed, approved and adopted this 16th day of J~ ~Ma~v~~. 94. Terrance 1f. Duggar~ flay ATTEST: /?~~. Mary /S! Uavis, City Clerk PL\MEDASSOC.ORD _.. .-~ .. -. .... a~ ...a a'na v0oJ0YY1IU` r .~ ORDINANCE N0. 24. -94 Page 5 ~, IIk:U ASSOC ADYIN ~s OCONNER TSOYAS L ACCEPTANCE OF ORDINANCE N0. 2a -94 ~ 007 I, Thomas Bishop, for Medical Associates Clinic, P.L., property owner, having read the terms and conditions of the foregoing Ordinance No. 24 - 94 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 16th day of May 1994. By'~-~ Thomas s op, 0 Medical As tes Clinic ,. f ~~ ~~ , ~i _,~'~ ~~ ,-, .1~,.j..-.. C d.i / - -iui.,ii~o ii:ut rea DtlJ5114411U MED ASSOC ADMIN a OCONNER TgOyAg : _ ~ ~ ~ 008 STATE OF IOWA ) COUNTY OF DUBUQUE ) C1<RTIFICATE OF fTTX CLERK ss: I, Mary A. Davis, do hereby certify that I am the duly appointed, qualified, and acting Clerk of the City of Oubuqua in the County aforesaid, and as such Clerk I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Ordinance Ne_ 24-94 is a correct copy of the original rQ dinTnr_e Nn. 24-94 approved and adopted by the City Council ~~ of the City of Dubuque, Iowa, at a session held by•said Council an the 16th day of May, 1994. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque. Gated at Dubuque, Towa this 19th day of October, 1994. (SEAS) ~f~a~ ~. ,~~, Mar, A. Davis, CMC Clerk for tH'e City of Dubuque, Iowa ti Iaulay, jruuplstg stwuat a Anv+d u taienhder, whh a luug tall nod h fl+nuldd~ (Nlllu'r it tirc Iahh iq _.. unkuuwu,j....vi, n. --vt. 1,'I'n ntlr :. --n. 1, A dlson dcphant tzhtlr 6 mptrann, nni• P> olio.] Austral. A a, of imit. orig,] muscular effort 1 in one motion i or a t s uurkle jumP'~g•off pbtce (jOm'ping• q Y beginning paint (or an enterprise. a spring at with )twap.off (jpmd~f, .dp} n. The st ar not inviting attack, ' dump at the jump'nPe n. A sturdy rope usu. oily or haphaz- jumped over in children's games or ly or aimlessly jstmp seat n. 1, A portable or call tdden and pro• between the front and rear seats. 2 'sly In Ptaitlon jumg shot n. Basketball. A ball sl hange abmptly gist point of his or her jump. ht[.> b. TO be jump.Btart {jt~mp'Stxtt') YL -sG dh fumped,> staff (an automobile engine) by pu. mproper aligrr• and suddenly releasing the clutch e dputer Sct. To netted ro the battery of another out sorbet farther jump suit n. 1. A one-piece unifor To move over inmp•atais (jtimp's60t'), A oncpiec a jump bid In pants, have a lively, jpmP'y (jdm'p2) adj. •i•er, -i•eae, l . To leap aver masts. 2 0n edge ; rmavous. -•)sstn a taad> 3. To Jun (ja`on) n., PI. fuss. [Korean.] _~ in thea[ley,> junco (jpng'kd) n„ 1 .toe or.tot r l~P <fump Sp. < hat. iuncus, recd j A North Ame dy and matk- having primarlly slatecolorcd plumag Se typewriter junction (jtingk'shnn) n (Int. tun an one level gave, to join.] 1, a Tht act nr prna To rakt (an being joined. 2 The place where tw h one's awn, where two roads or railway rdu[cs join la ntceanry, layer or boundary between two differs lumped tht fcrent rtginns in a single maurial, c! own> b, To conductors or sections of a transmissl ' tht tram ?; semiconductor between a region of f e covered b~' carriers and another of predominantly ;track spott mechanical or allnycd rnntact hetwecu tuddcn, pro serials, as in a thcrmocouplc. _)mtt't notion. 6.A junction box n. An unclosed pant ttion> 7, A elccuic circuits without making perms t toandthtr juncture (jtingk'char} n. [M(; `!at vets, as with jungere, to join.] 1. )unCnoN I. 2 T tionsmtotan- things arc joined ; fotNr. 3. A point in point. /.The transition or mode of tr cn stardcd. another in speech. somtoae), June (jdau} n. (M8 join < OFr. < Lat. p '-f~P a month of the year according to the Crugr e or fraud ~Arsxuen p ship, To Joao beetle or June brag n. Any beetles of the subfamily Mdolanthinac, I ;: to sprng sail and are often dcstructivt to gimps, in lune•berry (j~n'b@rg) n. The shadbt 8 PhaY in June bug n. A )ant beetle. nt P1aYtrs Jatng•I•an (yoong'B-an) adf, Of, relating •o' or his d!~rorics of psychalo equired ro jtm•gle (jung'gal) n. [Hind jurtgal vast arid.] 1. land densely overgrown with to ung skd. 2 A dense thicket ar growth. 3, Slung. A left or by mcnt marked by intense, often ruthless; kec L A survival <the corporate jungle> S, A f ] mast, or confusion that leads nowhere. protective hlld's gat. :e bodice. 3 pat 3 pay 3t care 3 father t pet f tie it pter iS pot d toe 6 paw, ~~Tb~j u+~ l~ar7 h S~d~ ~ J-' 1~uus~ y ~` ~ ~~e r a r ~s ~°del~T~°~,~ COLOR PICTURE COLOR PICTURE COLOR PICTURE COLOR PICTURE Residents in TRI-STATE files Point area of Dubuque complain about train noise at night By ROB KUNDERT TH staff writer The city of Dubuque has filed a charge against the Iowa Chicago and Eastern Railroad after citizens complained about train noise after dark in the Point area of Dubuque. "Daytime, it's normal. Nighttime, you get rattled out •' A'~ib'f your bed," said Gerald "Buck" Norton, of 1305 Peosta Ave. "Sometimes they have en- gines running nearby and you have to open your windows to get rid of the diesel smell," tie said. It's all part of switching op- erations, according to Clyde Il+Iittleider, the railroad's chief transportation officer. "They switch cars around, line cars back up for inter- change points; breaking trains apart and re-assembling them," he said. The civil complaint has been filed for a violation of the cry's noise ordinance. If found guilty, the company would face a civil penalty of. $250 and court costs, according to Crenna Brumwell, Dubuque assistant city attorney. "It also includes a correctlcease the violation pro- vision." she said. It could con- TELEQRAPH HERALD ~~ THURSDAY, MARCH ~~, 2~t16 ~e a stns rat roa r time with a violation civil penalty for each day of non- compliance. The company maintains that federal law trumps any tougher state or local laws or regula- tions, Brumwell said. A hearing date is set for April 27 in Dubuque County District Court. "We are having ongoing con- versations with the railroad about this Issue but haven't reached any resolution at this time," Brumwell said. The city also has asked for noise-testing results from the site, as well as updated testing based on the increased opera- tioris 'and extended hours, Brumwell said. "I am still looking into op- tionsavailable to the citizens," she said. There's not a lot the company can do, said Mittleider. "They are not. doing anything unsafe. We have coupling speeds. An empty car weighs 30 tons and up. It's steel on steel. You will get some noise," he said. "It's part of the opera- tion." The problem has been esca- lating since last summer, ac- cording to Norton. "I've been down here for 13 yyears. No problem until July," he said. Norton isn't the only one to take the issue to City Hall. "When a number of them complain, there must be a problem," said City Attorney Barry Lindalil. Some said the racket Loosens light bulbs; another person said the locks are coming open on his house; according to Norton. Ann Skemp, of 1323 Rhomber~ Ave.. has com- to bed I would have to move statues off dressers because they would be rocking back and forth," she said. The problem at night can start as early as 8 p.m. and can ~o into the morning hours. Some nights it's a couple hours, some nights it's five or six hours of it," Norton said. "During the day, they do the same operation and you don't even know they're out there." r r ,` i.~ Dubuque stop for is City OffICIaIS wi r;~ discuss traffic a issues with `~ rail executives By ROB KUNDERT TH staff writer I HURSDAY, MARCH ~U, 1UUfi scheduled special train II ^ Find more on ~~~~~~ , scheduled train $.~-~T6 conferences at THonline.com. A passenger train will roll into Dubuque Friday on afour- city northeast Iowa tour to address welling concerns about coal trains and increased rail traffic. The compelling reason for the hastily arranged tour is a recent plan that would divert lengthy trains across Iowa. "A signiticant purpose of the trip is simply to establish better direct relations," said Kevin Schieffer, president and chief executive officer of Cedar American Rail Holdings, parent company of the Iowa, Chicago & Eastern Railroad. The call went out last week to local governments, agencies and other officials interested in rail issues to sign up and bring guests For the excursion. There is interest, according to City Manager Mike Van Mil- ligen. ' We re arranging a meeting with Mr. Schieffer in a business car on the train," he said. Topics of discussion will center around a Minnesota plan that would divert mile- long coal trains out of Wyoming, around Rochester, Minn., through Iowa. However, federal regulators previously have approved a route through Rochester. "We have had questions and concerns expressed about some of the proposals. We are certainly ready to answer those," said Schieffer, who has opposed Rochester's plan. Van Milligen also said the issue of late-night crashing of train cars, coupling and un- coupling in the Point area of the city, also will be a subject of discussion. 1'he train will arrive at the Iowa, Chicago & Eastern Rail- road depot, 506 Garfield Ave., shortly after noon Friday to take on passengers. for an hourlong "rolling meeting." That will be followed by a three-hour round trip to Train/Please turn to Patse 2A V~ i said ion ton. 323' ~m- and my, ing. and ues ,uld she can can .trs. ple or rid. the an't z.' November 1, 2005 Dear Neighbors: Thank you for taking the time to speak with me regarding Alter Trading Company's proposed development of the land to the west of your property. It is my understanding from our conversation that you have concerns about continued excavation of the hillside on the east end of the property. Alter has no plans to further excavate this portion of the property. The southern and eastern portion of the property will not be developed as this area is designated as a flood plain area. Alter plans to operate on the west half of the property. Should Alter be required to excavate the hiilsioe in cruet ici c:~rjiply wilts state,. °cderal, er'~cul_:r .r` nr due to unforeseen circumstances, Alter will take all ree steps to notify and consult with our neighbors regarding the excavation. You have also inquired about fencing around the property. As a metal recycles, Alter is required to comply with strict fencing and screening provisions contained in the Dubuque City Code. These provisions require that Alter place fences and/or screening material around the property so that its operations ate not visible to adjoining property owners and that its screening plan be approved by the City. As part of its compliance with these provisions, Alter will place a fence or other screening material along the property line. You have also requested that Alter remove brush from the bottom of the property. Alter will remove this brush as part of our development of the property. Thank you again for your support of our project. Alter is committed to being a good neighbor. If you have any further question or concerns regarding the development or Alter Trading Company, please do not hesitate to contact me. Sincerely, r Dawne O'Meara General Manager TELEQRAPH HERALD THURSDAY, MARCH 3O, 2006 City files Residents in Point area of Dubuque complain about train noise at night By ROB KUNDERT TH staff writer Tl~e city of Dubuque has filed a charge against the Iowa Chicago and Eastern Railroad after citizens complained about train noise after dark in the Point area of Dubuque. "Daytime, it's normal. Nighttime, you get rattled out • !~l~,~f your bed," said Gerald "Buck" Norton, of 1305 Peosta Ave. "Sometimes they have en- gines running nearby and you have to open your windows to get rid of the diesel smell," lie said. It's all part of switching op- erations, according to Clyde Mittleider, the railroad's chief transportation officer. "They switch cars around, line cars back up for inter- changepaints; breaking trains apart and re-assembling diem," he said. The civil complaint has been filed for a violation of the city's noise ordinance. If found guilty, the company would face a civil penalty of. $250 and court costs, according to Crenna Brumwell, Dubuque assistant city attorney. "It also includes a correct/cease the violation pro- vision." she said. Ft could con- i ~ . ~ ~ '~ ~ ~111~ r with a violation civil she said. y for each day of non- There's not a lot t '1't-e company maintains that federal law trumps any tougher state or local laws or regula- tions, Brumwell said. A hearing date is set for April 27 In Dubuque County District Court. "We are having ongoing con- versations with the railroad about this issue but haven't reached any resolution at this time," Brumwell said. The city also has asked for noise-testing results from the site, as well as updated testing based on the increased opera- tions 'and extended hours, Brumwell said. "I am still looking into op- tionsavailable to the citizens," railroad he company can do, said Mittleidex. "They are not doing anything unsafe. We have coupling speeds. An empty car weighs 30 tons and up. It's steel on steel, You will get some noise," he said. "It's-part of the opera- tion." The problem has been esca- lating since last summer, ac- cording to Norton. "I've Been clown here for 13 yyears. No problem until July," he said. Norton isn't the only one to take the issue to City Hall. "When a number of them complain, there must be a problem," said City Attorney Barry Lindahl. Some said the racket loosens light bulbs; another person said the locks are coming open on his house; according to Norton. Ann Sicemp, of 1323 Rhomberg Ave., has com- plained abo,utthe bashing and crashing since last summer. "I would go to bed "and my, whole house would be shaking. The windows would rattle, and I would have to move statues off dressers because they would be rocking back and forth," she said. The problem at night can start as early as 8 p.m. and can ~o into the morning hours. 'Some nights it's a couple hours, some nights it's five or six hours of it,' Norton said. "During the day, they do .the same operation and you don't even know they're out there." I HURSDAY, MARCH ~U, lUUE~ ~//y I Dubu ue scheduled q ~ stop for special tram la is Clty OffICIaIS WIII ^ Find more on said scheduled train ~ on ii discuss traffic o~tlit~~ . ton. e>>~~ conferences at 323 a ISSUeS WitI1 - THonline.com. ~m- F tall @XBCUtIV@S and " By ROB 1(UNDERT t TH staff writer A passenger train will roll into Dubuque Friday on a fotir- city northeast Iowa tour to address welling concerns about coal trains and increased rail traffic. The compelling reason For the hastily arranged tour is a recent plan that would divert lengthy trains across Iowa. "A significant purpose of the trip is simply to establish better direct relations," said Kevin Schieffer, president and chief executive officer of Cedar American Rail Holdings, parent company of the Iowa, Chicago & Eastern Railroad. The call went out last week to local governments, agencies and other officials interested in rail issues to sign up and bring gucsts,for the excursion. There is interest, according to City Manager Mike Van Mil- ligen. "We're arranging a meeting with Mr. Schieffer in a business car on the train," he said. Topics of discussion will center around a Minnesota plan that would divert mile- long coal trains out of Wyoming, around Rochester, Minn., through Iowa. However, federal regulators previously have approved a route through Rochester. "We have had questions and concerns expressed about some of the proposals. We are certainly ready to answer those," said Schieffer, who has opposed Rochester's plan. Van Milligen also said the issue of late-night crashing of train cars, coupling and un- coupling in the Point area of the city, also will be a subject of discussion. The train will arrive at the Iowa, Chicago & Eastern Rail- road depot, 5O6 Garfield Ave., shortly after noon Friday to take on passengers.. for an hourlong "rolling meeting." That will be followed by a three-hour round trip to Train/Please turn to Paae 2A my, ing. and ues Auld she can can ars. pie or iid. the n't l~/ November 1, 2005 Dear Neighbors: Thank you for taking the time to speak with me regarding Alter Trading Company's proposed development of the land to the west of your property. It is my understanding from our conversation that you have concerns about continued excavation of the hillside on the east end of the property. Alter has no plans to further excavate this portion of the property. The southern and eastern portion of the property will not be developed as this area is designated as a flood plain area. Alter plans to operate on the west half of the property. Should Alter be required to excavate the hilisiaie in Urtlet iu c;omply wjt'e^: stag, fcuerul, er t;;csl 1::~'~ o* due to unforeseen circumstances, Alter will take all reasonable steps to notify and consult with our neighbors regarding the excavation. You have also inquired about fencing around the property. As a metal recycler, Alter is required to comply with strict fencing and screening provisions contained in the Dubuque City Code. These provisions require that Alter place fences and/or screening material around the property so [hat its operations are not visible to adjoining property owners and that its screening plan be approved by the City. As part of its compliance with these provisions, Alter will place a fence or other screening material along the property line. You have also requested that Alter remove brush from the bottom of the property. Alter will remove this brush as part of our development of the property. Thank you again for your support of our project. Alter is committed to being a good neighbor. If you have any further question or concerns regarding the development or Alter Trading Company, please do not hesitate to contact me. Sincerely, r ~~~ Dawne O'Meara General Manager C ~~oyCa~~ ~a~~~ SECTION 3. DISTRICT REGULATIONS 3-3. Commercial District. 3-3.3. C-3 General Commercial District: (A) General Purpose And Description: The C-3 district is intended to provide commercial uses which are designed to serve the motoring public or uses requiring highway or arterial locations for their most beneficial operation and which cannot be more appropriately located in other commercial districts. (B) Principal Permitted Uses: The following uses shall be permitted in the C-3 district: (1) Railroads and public or quasipublic utilities including subct~ ; - '" (2) Residential uses above the first floor only-[6). (3) Mortuary/funeral home-[6]. (4) Museum library-[13]. (5) Schools of private instruction-[4]. (6) Private club-[20]. (7) General offices-[14]. (8) Medical office/clinic-[36]. (9) Dentallmedical lab-[8]. (10) Personal services-[14]. (11) Bazber/beauty shops-[16]. (12) Motel-[24]. (13) Gas station-[18J. (14) Retail sales/service-[17]. (15) Laundry/dry cleaner-[19]. (16) Shoe repair-[18]. (17) Bakery (wholesale/commercial)-[19]. (18) Indoor restaurant-[20]. (19) Bar/tavern-[20]. (20) Automated gas station-[18). (21) Service station-[21 J. (22) Supermazket-[ 17]. _. ~ TRI-STATE City files charge against railroad By ROB NUNDERT TH staff writer The city of Dubuque has filed a charge against the Iowa Chicago and Eastern Railroad after citizens complained about train noise after dark in the Point area of Dubuque. "Daytime, it's normal. Nighttime, you get mtded out ,~ ~ixt"if your' bed," said Gerald "Buck" Norton, of 1305 Peosta Ave. "Sometimes they have en- gines running nearby and you have to open your wirtdows to get rid of the diesel smell," lie said. It's all pazt of switchhtg op- @@rations, according to Clyde Mitdeider, the railroad's chief ttanaportation officer. "They switch cars around, Ilne cars back up for inter- changepoints; breaking trains apart and re-assembling them," he said. The civil complaint has been filed for a violation of the city's noise ordinance. If found guilty, the company would face a civil penalty of. $Z50 and court costs, according to Crenna Brumwell, Dubuque assistant city attorney. "It also includes a correct/cease the violation pro- vision." she said. It could con- with a violation civil y For each day of non- The company maintains that federal law trumps any tougher state or local laws or regula- tions, Brumwell said. A hearing date is set forAprll 271n Dubuque County District Court. "We are having ongoing con- versations with the railroad about this Issue but haven't reached any resolution at this time;' Brumwell said. The city also has asked for noise-testing results from the site, as well as updated testing based on the increased opera- tions 'and extended hours, Brumwell said. I am still looking into op- tionsavailable to the citizens," she said. There's not a lot the company can do, said iviittleider "They are not. doing anything unsafe. We have coupling speeds. An empty car weighs 30 tons and itp. It's steel on steel. You wBl get some noise," he said. "It's part of the opera- tion." The problem has been esca- lating since last summer, ac- cording to Norton. "I've tieen down here for 13 light bulbs; another person said the locks aze coming opeti on his houses according to Norton. -Ann 9k~emp, of 1823 Rhomberg,.,Ave., has com- plained abolrtthe bashing and crashing since inat summer. "I would go to bed 'and my, whole housewould be shaking The windows would rattle, and I would have to move statues off dressers because theywould be rocking back and forth," she said. The emblem at night can start es early as B p.m. and can ~o into the morning hours. Some nights it's a couple hours, some nights it's five or six hours of it, Norton said. "During the day, they do the same operation and you don't even know they're out there." yyears. No problem until July," he said. Norton isn't the only one to take the issue to City Ha6. "When a number of them complain there must be a problem; said City Attorney Barry Lindalil. Some said the racket loosens fJ' CF / ~ i ,~ i~ 1 HURSDAV, MARCH 3U, 1UU6 ~ Dubuque stop for ie City officials wi discuss traffic issues with '~ rail executives scheduled special train ll ^ Find more on scheduled train conferences. at a~w.r TNonline.com. E By ROB KUNDERT TH staff writer A passenger train will roll into Dubuque Friday on afour- city northeast Iowa tour to address welling concerns about coal trains and increased rail traffic. The compelling reason for the hastily arranged tour is a recent plan that would divert lengthy trains across Iowa. "A significant purpose of the [rip is simply to establish better direct relations," said Kevin Schieffer, president and chief executive officer of Cedar American Rail Holdings, parent company of the Iowa, Chicago & Eastern Railroad. The call went out last week to local governments, agencies and other officials interested in rail issues to sign up and bring guests for the excursion. There is iriteres[, according ro City Mahager Mike Van Mil- ligen. "We're arranging ameeting with Mr. Schieffer in a business car on the train,' he said. Topics of discussion will center around a Minnesota plan that would divert mile- long coal trains out of Wyoming, around Rochester, Minn., through Iowa. However, federal. regulators previousl have approved a route through Rochester. "We have had questions and concerns expressed about some of the proposals. We are certainly ready to answer those," said Schieffer, who has opposed Rochester's plan. Van MiUigen eiao said the issue of late-niglu crashing of train cars, coupling and un- coupling in [he Point area of the city, also will be asubject of discussion. The train will arrive at the Iowa, Chicago & Eastern Rail- road depot, 506 Garfield Ave., shortly after noon Friday to take on passengers.. for an hourlong "rolling meeting." That will be followed by a three-hour round trip to 1Fain/Please turn to Pace 2A VA Baia ion ton. 323' tm- and my, ing. and ues Auld she can can trs. pie or I tid. j the ~n't November I, 2005 Dear Neighbors: Thank you for taking the time to speak with me regarding Alter Trading Company's proposed development of the land to the west of your property. It is my understanding from our conversation [hat you have concerns about continued excavation of the hillside on the east end of the property. Alter has no plans to further excavate this portion of the property. The southern and eastern portion of the property will not be developed as this area is designated as a flood plain area. Alter plans to operate on the west half of the property. Should Alter be required to excavate the hillside in order ti7 crrrtply with state, federal, or 2~a1 1:w° or due to unforeseen circumstances, Alter will take atl reasonable steps to notify and consult with our neighbors regarding the excavation. You have also inquired about fencing around the property. As a metal recycler, Alter is required to comply with strict fencing and screening provisions contained in the Dubuque City Code. These provisions require that Alter place fences and/or screening material around the y so that its operations aze m[ visible to adjoining property owners and that its screening plan be approved by the City. As part of its wmpliance with these provisions, Alter will place a fence or other screening material along the property line. You have also requested that Alter remove brush from the bottom of the property. Alter will remove this brush as part of our development of the Thank you again for your support of our project. AI[er is committed to being a good neighbor. If you have any further question or concerns regarding the development or Alter Trading Company, please do not hesitate to contact me Sincerely, Dawne O'Meara General Manager .SECTION 3. DISTRICT REGULATIONS 3-3. Commercial District. 3-3.3. C-3 General Commercial District: (A) General Purpose And Description: The C-3 district is intended to provide commercial uses which aze designed to serve the motoring public or uses requiring highway or arterial locations for their most beneficial operation and which cannot be more appropriately located in other commercial districts. (B) Principal Permitted Uses: The following uses shall be permitted in the C-3 district: (1) Railroads and public or quasipublic utilities including sub~:~ : "' (2) Residential uses above the first floor only-[6]. (3) Mortuary/funeral home-[6]. (4) Museum/librazy-[13]. (5) Schools of private instruction-[4]. (6) Private club-[20]. (7) General offices-[14]. (8) Medical office/clinic-[36]. (9) DentaUmedical lab-[8J. (10) Personal services-[14]. (11) Bazber/beauty shops-[16]. (12) Motel-[24]. (13) Gas station-[18]. (14) Retail sales/service-[17]. (15) Laundry/dry cleaner-[19]. (16) Shoe repair-[18]. (17) Bakery (wholesale/commercial)-[19]. (18) Indoor restaurant-[20]. (19) Bar/tavern-(20]. (20) Automated gas station-[18]. (21) Service station-[21]. (22) Supermazket-[17]. _.