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Zoning Hwy 61 151 & 52 MuellerDubuque Southgate Investments Ltd. 590 Samuel Street Dubuque, Iowa 52003 Dubuque City Council City Hall 50 West 13t~ Street Dubuque, Iowa 520014864 Date: 15 February 2003 RE: Rezoning Request of Lot 1 of Key Gate Center #2 Dear Dubuque City Council: Dubuque Southgate Investments Ltd. hereby requests that the Council not proceed with a vote on the rezoning request to PID currently before them, but consider our request that this matter be referred back to the Zoning Board of Adjustment for consideration of a more restrictive Commercial Zoning. This request is being made as the perspective buyer for whom the original HI zoning request was made has been discouraged by the neighborhood resistance to their relocation at this site and is seeking other potential sites where they would be welcomed. As the current owner and long standing Developer of this site, Dubuque Southgate Investments Ltd. would like to move forward and obtain a zoning for which we could market this property. It was repeatedly stated by the surrounding property owners at the Zoning Board Meeting that they would support a Commercial Zoning therefore we would like to revise our rezoning request to be in agreement with those statements. This parcel of land was originally assigned a residential zoning as no defined use was established due to the topography of the site. It is clear that development for residential use is not likely to be practical, nor yield buyer interest. We would like the Zoning Board to consider our revised rezoning request at their next meeting as they are currently aware of the various issues and concerns and should be prepared to make an informed decision so we may have opportunity to sell the property without further delay. As you are aware it is difficult to attract buyers given a zoning that is not conducive to the buyer needs as the process for rezoning can be time consuming and delay construction. Should the Council NOT wish to refer this matter back to the Zoning Board for consideration of a more restrictive Commercial zoning~ useful to the Developer, we would like to request that the Council table anY decision on the P1D rezoning request until the applicants can schedule the necessary recognized experts to address the Environmental Concerns that were expressed and provide the Council with factual information upon which to base their decision. Apex Concrete does not wish to be judged on misrepresentations of the environmental impact of their operation. They have a long standing history of Environmental Responsibility and want the facts to be clear should this matter proceed. Apex has been a Good Neighbor at their various operations in Iowa and wants to remain recognized as such. Sincerely yours, /s/ Daniel J. Mueller, Dubuque Southgate Investments Ltd. CC; Dennis Thief, Apex Concrete Inc. Kyle L. Kritz, Associate Planner, Planning Services Jeanne Schneider, City Clerk Planning Services Department City Hall 50 West 13th Street Dubuque, Iowa 5200164 (563) 5894210 office (563) 589-4221 fax (563) 690~678 TDD planning@cityofdubuque.org February 7, 2003 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 RE: Rezoning Applicant: Dan Mueller (tabled) Location: South of Highway 61/151 and Highway 52 (Lot 1 of Key Gate Center No. 2) Description: To rezone property from PR Planned Residential 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, and noted that his odginal request to rezone from Planned Residential to MHI Modified Heavy Industrial was tabled by the Commission to allow him to request a Planned Industrial District designation and to meet with adjacent neighbors to address their concerns. He presented a packet to the Commission. Dennis Their, Apex Ready-Mix Concrete, reviewed the conceptual development plan and reviewed how the operation would function and methods used to mitigate noise and dust. He also discussed truck access and on-site maneuvering. Staff reviewed surrounding zoning and land use and possible conditions the Commission could consider. There were many public comments concerning the adverse impacts that a ready-mix plant would have on the area. These included dust, noise, traffic safety, incompatibility of industrial uses next to residential uses, and negative impact on residential property values. The Commission received and filed letters and petitions in opposition. The Zoning Advisory Commission discussed the request, noting that while the applicant has made a good faith effort to address the concerns of surrounding property owners, the subject property is too close to the adjacent mobile home park to provide adequate room to buffer the adverse impacts of noise and dust from an industrial use. Service People IntegtSty Responsibility hnnovatSon Teamwork The Honorable Mayor and City Council Members Key Gate Center No. 2 February 7, 2003 Page 2 Recommendation By a vote of 6 to 1, the Zoning Advisory Commission recommends that the City Council deny the request. A simple majority vote is needed for the City Council to deny the request. A super majority vote is needed to approve the request. Respectfully submitted, Zoning Advisory Commission Attachments Applicant: Dan Mueller Location; South of Highway 61/151 and Highway 52 (Lot I of Key Gate Center No. 2) Description: To rezone property from PR Planned Residential District to PI Planned Industrial District. Planning Application Form Conceptual Plan Only Rezoning Request Dubuque Southgate Development Original DSG Concept Plan 1988 to 2003 Development Pending Sale to Apex Concrete Owner-Dennis thier Plans a Ready Mix Concrete batch plant Will include office and service facility State of the art enclosed batch plant Compliance with all environmental regulations Planned construction 2004 Planned Access from HWY 52 Southeast View over site Northeast view over site Westward view over site · · · · · · 31~.4~2-6155 CR k C/O M~. Kyle Kfilz City Halll~0 Wes~ 13 '/h St.. Dub~lue, Iowa Mr. Kri~z, R.F_,. Rezoulng of proposed laud for Ap~ Conerefe. Wo at Fawn Ct~k Id~nes have _Lr~wn De~y TMer owner o~ Bazcl ~ ~mt Apex Concrete since 1977, in 1994 our 200 plus slfe mobile la:me park sa~ c~ the ~s~ edge ~f gemm~ed b~ ~he pla~ aud 6my would plant a Ag~o-!me h~d~e b~we~ us. Fawn Creek Homes ami Sales has ammal sales of ov~ four milliou ~ and ovms four mobile home parks ~ 5~o si~s. Dus~ and ncisehas~ever b~n a ~i&4em. Owr lh~ ~s Ba~l ~ ~sksd us if we had any complatn~ we have m~, liar bare been a good neighlmr. $incea'ely, ~ Nred W'flliams Own~ Fawn Creek Homes and Saks RIVERSIDE T~CTOR.TI~AIL~I~ CQ 3anu~ry 7, 2003 Zoning Advisory Commission Planning Services Dep~tment Attn: ],,,',z. Kyle Kritz City Hall 50 West 13~ Street Dubuque, IA 52001-4864 De~ Mr. K6~: Per Mr, Dcnnis Thicr's (APEX Concrete) req~lest tbr noise information on Navistar brand trucks, I am submitting to you the following test re~lts. The test was takexx on a 2001 International Mixer with a Cummins engine. Tmek was in an open area so buildings etc. wouldnot absorb any of the sound, facing east with a west wind (behind it), blowing toward the test meter. Engine RPM was 2200, normal charging (loading) speed. Sound meter readings were taken from the front o£the truck, Tha results were: F~tfromfrontoftruek Deeibe~ 15 88 50 80 100 75 150 74 200 70 I have been told that m~der normal conditions loading time is approximately three minutes per load. Attcr that engine RPM drops to an idle position. At idle at fifteen feet the decibel reading was 78, PLANNED DISTRICT STAFF REPORT Zoning Agenda: February 5, 2003 Project Name:Dubuque Southgate Development Property Address:Lot 1 of Keygate Center No. 2 Property Owner:Dubuque Southgate Development, Inc. Applicant:Daniel J. Mueller Proposed Land Use:Industrial Existing Land Use:Vacant Adjacent Land Use: Former zoning: Flood Plain: Water: Yes Storm Sewer: Yes North - U.S. Highway 520 East - Vacant South - Mobile home park West - Commemial !934 - County; 1975 - County 1895 - County Proposed Zoning: Planned Industrial Existing Zoning: PR Adjacent Zoning: North - County East- PR South - County West - PC Total Area: 10.16 acres Existing Street Access: Yes Sanitary Sewer: Yes Previous Planned District: The subject property was previously zoned PUD Planned Unit Development with a PR Planned Residential designation. Purpose: To rezone subject parcel to Planned Industrial District to allow for the location of a batch mix plant. Property History: The subject property was annexed to the City in 1988. At that time, the owner requested Planned Residential zoning, as he was not sure how he planned to develop the property at that time. Physical Characteristics: The subject parcel is relatively fiat and is located at an elevation that is higher than U.S. Highway 52 but slightly below the adjacent mobile home park. Conformance with Comprehensive Plan: The area is designated for multi-family development in the Comprehensive Plan. A decibel is a unit of measurement of sound pressure levels. An increase of 10 decibel means ten times Ihe noise intensity. This increase in intensity is hard for people to understmtd. The following information will assist you in no/se comparison ofcornmon sound decibel lewls. r~eeibel Reading 0 30 45 50 60 60-75 8O 85 90-95 100-110 120 130 150-165 194 At<wiry Weakest sound heard by the average ear Whisper Inside IIousc Quiet empty barn, babbling trout stream, gcutlc breeze Normal conversation Normal sound range for many noises Ringing telephone, (hom~ stereo-gO-1 ! 5) Tractor, combine, outboard motor, or snownmbile all at idle Full throttle lawn mower, pneumatic wrench, power sander, many farm tractors, hair dryer Snow blower, chain saw, .[ack hammer, helicopter, stereo Headphones, bulldozers, power saw, power muter Ambulanc,~ siren ,let take off~ 300 feet away Handguns, hunting rille, shotgun, (fireworks-130-190) Loudcst tone possible I hope the above information will help you address your questions about noises and noise levels. Yours truly, Jerry David President Planned District Staff Report- Keygate Center No. 2 Page 2 Staff Analysis: streets: The proposed development will be served by a new public street built from U.S. Highway 52 and terminate shortly before the proposed batch mix plant property. Sidewalks: As per City of Dubuque standards for public streets. Parking: Parking for employee vehicles and company trucks will be provided on the site. Lighting: New outdoor lighting shall be restricted to the use of 72-degree cut-off luminaries. Signage: Signage will be allowed as provided for in the LI Light Industrial District regulations. Bulk Regulations: The proposed batch mix plant structure s'hall be located in substantial compliance with the attached conceptual development plan Permeable Area (%) & Location (Open Space): The subject property is approximately 10 acres in size and approximately 35% of the site will remain as green space or permeable area. The green space will be primarily located along the west side bordering the mobile home park, and on the south side of the property. Landscaping/Screening: Landscaping and screening is provided along the west side of the property between the proposed batch mix plant and the mobile home park. Phasing of Development: None. Impact of Request on: Utilities: Existing utilities are adequa[e to serve the site through extension of existing water and sewer mains. Traffic Patterns/Counts: The IDOT 2001 traffic count for U. S. Highway 61/151 is 15,700 average vehicle trips per day. The count for U. S. Highway 52 is 7,700 average vehicle trips per day. Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any significant impacts to the environment providing adequate erosion control is provided during all phases of development, and that storm water is adequately controlled as it flows off-site. Planned District Staff Report- Keygate Center No. 2 Page 3 Adjacent Properties: Planning staff anticipates that adjacent properties will be impacted by increased levels of light and noise associated with the development of the parcel for a batch mix plant. The Zoning Advisory Commission should consider requiring cut-off luminaries of 72-degrees for all outdoor lighting, that noise associated with the loading of semi-trucks be mitigated through the use of screening or other methods and that screening be provided between the mobile home park and the proposed batch mix plant. CIP Investments: None proposed. Staff Analysis: The requested rezoning from PR Planned Residential to PI Planned Industrial was a modification of the original request by Mr. Mueller for rezoning of the subject parcel from Planned Residential to Modified Heavy Industrial. The Zoning Advisory Commission tabled that requested from the January 2003 meeting to the February 5t~ meeting to allow Mr. Mueller to develop a conceptual plan that would illustrate how the parcel could be developed for the proposed batch mix plant. Attached to this staff report is a copy of the submitted conceptual development plan and a draft ordinance for the proposed Planned Industrial District. The applicant is proposing that a new public street will be built from U.S. Highway 52 to serve the subject parcel. The subject property is approximately 10 acres in size and is located east of the existing mobile home park and south of Highway 52. The submitted conceptual development plan indicates the location of the major facilities on the site. The conceptual development plan locates proposed employee parking and customer parking, a 80 by 100 building for maintenance and storage of trucks, and the location of stockpiles as well as the main plant enclosure and associated office space. The plant enclosure where the loading of the cement trucks will take place is approximately 415 feet away from the west property line that abuts the mobile home park. The office building and control has been located in such a way as to screen the loading position of the batch plant. The submitted conceptual plan also indicates a row of plantings between the proposed employee and customer parking area and the 80 by 100 maintenance building. However, the conceptual plan does not label the type or size of these plantings. Plann ng staff recommends that if the Zoning Advisory Commission is favorable to the granting of the rezoning request, that the Commission consider the following conditions: 1 ) The list of permitted uses be restricted to that of a batch mix plant. 2) That the Commission establish the height and length of the proposed screening between the proposed batch mix plant and mobile home park. 3) That all outdoor lighting utilize 72-degree cut-off luminaries. Planned District Staff Report - Keygate Center No. 2 Page 4 4) That the Commission establish conditions to mitigate, to the extent possible, noise emanating from the site. Planning staff recommends the Zoning Advisory Commission review Section 3-5.5(F) of the Zoning Ordinance that establishes Plan Approval Standards for Planned Unit Developments. Prepared by: ~'//'~' f ~ Reviewed: ~A Date: //Z.r¢/O~ Prepared by: Laura Carstens, City Planner Address: Ci~ Hall~ 50 W. 13th St Telephone: 589-4210 ORDINANCE NO. -03 AN ORDINANCE AMENDING APPENDIX A (THE ZC NING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ALONG U.S. HIGHWAY 52 EAST OF U.S. HIGHWAY 61/151 FROM PUD PLANNED UNIT DEVELOMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PI PLANNED INDUSTRIAL DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT 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 PUD Planned Unit Development District with a PR Planned Residential District to PUD Planned Unit Development District with PI Planned Industrial District designation, and adopting a conceptual development plan, a copyof which is attached to and made a part hereof, with conditions, as stated below to wit: Lot 1 of Keygate Center No. 2, being comprised of the balance of Lot 2 of 3 of Keygate Center and to the centerline of the adjoining public right-of way, all inthe City of Dubuque, Iowa. Section 2. PursUant to Iowa Code Section 414.5 (2001), and as an express condition of this zoning reclassification, the undersigned property owner agrees 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 this 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) b) c) The primary building All accessory or secondary buildings All exterior storage areas Ordinance No. --03 Page 2 B) d) e) f) Exterior refuse collection areas Exterior mechanical equipment Containerized or tank storage liquids, fuels, gases and other materials. 2) Vehicle-related features: Vehicle-relate 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 space and driveways to and from loading spaces. e) Parking spaces for company-owned commercial vehicles. Fire lanes. 3) Open space features: Open space features are defined as those extedor areas and developed features of the lot. These including: a) b) Landscaped space containing lawn areas and plantings. 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. Use Re,qulations. The following regulations shall apply to all land uses in the above- described PUD District: 1), Principal permitted uses shall be limited to: a) Concrete batch mix plant [33]. [ ] Parking group- See Section 4-2 of the Zoning Ordinance. Ordinance No. __-03 Page 3 c) D) 2) 3) Conditional uses reserved for future use. Accessory uses shall be limited to any use customarily incidental an(: subordinate to the principal use it serves. 4) Temporary uses shall be limited to 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. Lot and Bulk Regulations Development of land in the PUD District shall be regulated as follows: 1) All buildings structures and activities shall be located in 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 lot and bulk regulations: a) Maximum lot coverage shall be limited to 80%. All building and vehicle-related features shall be considered when calculating total land area coverage. b) Maximum building height shall be 40 feet, except the following may exceed the height limit: cooling towers, condensers, elevator bulkheads, stacks and other necessary mechanical equipment and their protective housing. HYAC equipment is limited to 10 feet above 45 feet limitation subject to the provisions of adequate screening. Parkinq Regulations 1) All vehicle-related features shall be surfaced with either asphalt or concrete. 2) 3) Curbing and proper surface drainage of storm water shall be provided. All parking and loading spaces shall be delineated on the surfacing material by painting stripes and other permanent means. Ordinance No. -03 Page 4 F) 4) The number, size and design of parking spaces shall be governed by applicable provisions of City of Dubuque Code of Ordinances in effect at the time of development of the lot. 5) The number, size, 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 of the lot. 6) The location and number of private driveway intersections with public streets shall be established by the City of Dubuque. Landscapin,q Re.qulations l) Plant Materials: The open space area of each lot shall be planted with permanent lawn and ground covers, such as shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high quality of environmental design. The following provisions shall apply to each lot: a) Landscape plans are required as part of submittals for site plan review. Landscape plans are to include type, number and size of proposed plantings. As a minimum, the submitted landscape plan should include the following: 1) A landscape screen shall be provided along west property line and shall include .... ? 2) All exposed soil areas remaining after the construction of building and vehicle-related features shall be planted with a permanent ground cover to prevent erosion. Within one (1) year following completion of construction, or by the date that a building is issued an occupancy certificate by the Building Services Department of the City of Dubuque, whichever occurs first, required landscaping shall be installed. 3) The owner shall replant any and all plant materials, which have died due to any cause during the effective period of this PUD Ordinance. Si,qn Regulations. 1) The prowsions of Section 4-3 (Sign Regulations) of the Zoning Ordinance shall apply unless further regulated by this section. Ordinance No. -03 Page 5 2) 3) 4) a) On-Premise signage for the batch mix plant shall be regulated by the LI Light Industrial District, Section 4-3.11. Variance requests from sign requirements for size number and height shall be reviewed by the Zoning Board of Adjustment in accordance with Section 5-3 of the Zoning Ordinance. 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. Motion: No signs may nclude any device or means, mechanical, electrical or natural, which shall cause motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. Performance Standards. The development and maintenance of uses ~n this PUD District shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following standards: 1) Site Lighting: a) Exterior illumination of site features shall be limited to the illumination of the following: 1) Parking areas, driveways and loading facilities. 2) Pedestrian walkway surfaces and entrances to the building. 3) Screened storage areas. 4) Building exterior. b) Location and Design: 1) All exterior lighting shall be designed, installed and maintained so as not to cause glare or to shine into adjacent lots and streets. 2) All exterior lighting luminaries shall be designed and installed to shield light from the lummaire at angles above 72 degrees from vertical. Ordinance No. -03 Page 6 3) 4) 5) 3) Utility Locations: Fixtures mounted on a building shall be positioned no higher than the roofline of the building. 4) Wooden utility-type poles are acceptable only for temporary use during construction. 5) All electrical service lines to posts and fixtures shall be underground or concealed inside the posts. a) Service lines: All electrical, telephone, cable and other similar utility lines serving the building and other site features shall be located underground. b) Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance prior t(> construction of each building and vehicle-related feature unless otherwise exempted by Section 4-4. Exterior '[rash Collection Areas: a) The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. b) The ground area coverage of exterior trash collection areas shall be the area contained inside the required screening and this area shall be considered a building-related feature for purposes of calculating total land area coverages. Exterior trash collection area shall be located in rear or side yards only. d) All exterior trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall or other feature not exceeding a height of ten 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. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. Other Codes and Re.qulations: a) Outdoor sales are regulated through the temporary use permit process. Ordinance No. -03 Page 7 b) The use of semi-trailers and sh'pping containers for storage is prohibited. c) These regulations do not relieve the owner from other applicable city, county, state or federal codes, regulations. laws and other controls relative to the planning, construction, operation and management of property within the City of Dubuq we. H) 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 and agrees to comply with the conditions authorizing the establishment of the PUD District. i) Mod ifications. Any modifications of this Ordinance must be appro~/ed by the City Council n accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. J) 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 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 effect upon publication, as provided by law. Passed, approved and adopted this __ day of ,2003. ATTEST: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. -03 I, Dennis Their, representing Apex Concrete, Purchaser, having read the terms and conditions of the foregoing Ordinance No. -03 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this day of 2003. By:. Dennis Thier ACCEPTANCE OF ORDINANCE NO. -03 I, Daniel J. Mueller, representing Dubuque Southgate Development, Inc., property owner, having read the terms and conditions of the foregoing Ordinance No. -03 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this day of 2003. By: Daniel J. Mueller Property Owner's Meeting with Apex and Dubuque Southgate Date: 2-1-2003 Applicant Attendees: - Dan Mueller - Dubuque Southgate Dennis Thier - Apex Concrete Chad Thier - Apex Concrete Eugene Kremer - Table Mound Mobile Home Park At the request oftbe Zoning Board, invitations were sent out to those homeowners on Jacob street within 325 ft. of the proposed site. The invitation was for a one on one meeting on 2-1-03, 9-11 pm. This invitation was also extended to the Park manager, Eugene Kremer. The focus of the meeting was to review the Conceptual Plans with the Jacob street homeowners near to the site, with the intent to gather details as to how the Conceptual Plan could better meet their desires. The following are the results of that meeting. Attached is the signature list of attendees, a map showing the location of residence for those who attended, and a copy of the invitations. · Invited homeowner attendees within 325 ft. of the property line - 11 · Invited attendees from Jacob street - 3 (602, 614 & 615 Jacob street) · Other, attendees from Jacob street, but not invited- 3 (622, 624 and 687 Jacob) * Bellevue Heights' attendees, not invited - 5 (9312, 9850, 8284, 9257, & 9270). · Eugene Kremer was present to observe the process and provide feedback to the Park Owner as agreed. ** One additional person came from Bellevue Heights but left when informed the intention of the meeting was to meet with the residence on Jacob Street only. Issue: One on One versus group discussion The attendees were not willing to meet on a one on one basis, nor for the residents of Bellevue Heights to be excluded. Therefore the meeting forum was changed to a group forum with all permitted to participate. Issue: Why were the invitations not sent to everyone? It was stated that the intent of the meeting was to determine how the residents on Jacob street near to the property line needs could be better served with the Conceptual Plans. Point was made by the residents of the Bellevue Heights area that we were hiding things 'from them. We denied there was any intent to hide. Issue: Tracking of specific concerns to individual resident As the meeting forum was changed to a group forum it was not possible to specifically tie a concern to that resident. The Conceptual Plan was presented and explained. The issues were gathered with as much detail as possible. All are listed below with the Response of Dubuque Southgate and Apex Concrete. The details are as accurately stated as possible. Traffic Issue: Complaint: The Hwy 52 / 61-151 intersection capacity is not adequate to serve the additional traffic. Statement, "At times, the wait to gain access onto 52 can be in excess of 5 minutes due to traffic backup in the turn lane." FACTS: · Hwy. 61/151S to 52 turn lane length - 175 ft. Hwy. 61/151N to Twin Valiey Dr. west to Rockdale, length - 175 ft. · Hwy. 61/151N decel, lane to Gate Way Dr., entry Dub. Southgate- 240 ft. · Hwy. 20W to Cedar Cross south, length- 153 ft. · Hwy. 20W to Wacker Dr., south, entry to Wacker Plaza, length - 154 ft. · HWY. 20W to JFK length- 253 ft. · HWY. 20E to JFK, length - 153 ft. · Hwy. 20E to Wacker Dr. north, entry to Kennedy Mall, length- 253 ft. · HWY. 20E to Wacker Dr. south, entry to Wacker Plaza - None defined · Hwy. 20E to Cedar Cross south, - paved shoulder lengih - 100 ft. but not defined as a turn lane (no lane marking). Hwy. 52W to 61/151 N turn lane length - 620 ft. (Note: lane has an additional 165 ft. taper which extends 25 ft. east of the proposed centerline of Sun Rise Dr. entry to Hwy 52). A track entering the roadway will be able to immediately begin transition into the turn lane heading west on 52. As this is also a "slow lane" faster traffic will be able to pass by the accelerating track. Note: Above measured lengths are !ess taper. Length is of the lane where full lane width is defined with lane division marking. Typical taper length is an additional 75-100 ii. Issue: Noise Complaint: Residents living on Bellevue Heights will hear the trucks traveling on Sun Rise Dr. and HWY 52. Response: This is likely tree. However the current truck and auto traffic on 52 is also audible to residents on Bellevue Heights. It is unlikely that truck traffic to th/s site will create a significant change overall. Complaint: Banging of the dump box end gates will reverberate up the valley facing the proposed site. Homeowner concerned has no air conditioning and must keep windows open in summer making the noise audible to them. Response: Apex currently has only one dump truck, all others delivery trucks are, and will continue to be, roll offsemi trailers where the stone is conveyed off into the drive over pit. The slamming of dump box end gates occurs when dumping into a pile. The gate hangs in the pile then swings into the track box as the track drives away. This plant will have drive-over pits so dumping will not be into piles. End gate slamming would not normally occur with a clear dump. Complaint statement: "The noise test data submitted (at the prior meeting) does not reflect a truck at full throttle and under load and data is on a new truck with state of the art exhaust system. Is Apex planning to buy all new trucks?" Response: Apex does not intend to buy all new trucks at the beginning, but will update as necessary based on age and repair costs. Replacement would not be affordable at the beginning with initial construction costs of the facility. They do maintain their truck exhaust systems to DOT requirements: All Wacks are inspected annually as required by IDOT. Complaint statement: "These trucks are required to have back-up alarms, who wants to here that beep, beep, beep all day long? The imck-up alarms are required to be 100 dba. Response: The site Conceptual Design presented has traffic flow designed with no back-ups necessary for material flow. Outgoing tracks can simply drive through to receive the next load and the deliveries are by drive over pits. However there will be occasions when the trucks are backed to park in the spaces indicated or into the repair shop. Note these areas show noise barriers at the end of Jacob street to minimize noise for the residents of the Home Park. Nothing to the north side of the site exists in the concept for which a truck would have reason to be backing in this direction. Issue: Dust Complaint Statement: "At the Flynn plant there is dust. People parking next to tiffs plant say their cars are dusted daily." Residents of Bellevue Heights say, "Dust will get to them up the valley facing southward when the wind is from the south." FACT: The Bellevue Heights residents' homes are 1250+ ft. (1/4 mile) northwest of the proposed batch plant. Per the National Climatic Data Center records for the period from 1930-1996 the prevailing wind direction for the Dubuque area 11 of 12 months is south. If dust should occur it would most frequently go south or southeast and not toward either Bellevue Heights or the Park. Sun Rise drive will be a paved concrete street as will be the drive areas on the site. The batch plant will have a "State of the Art" dust collection system as required by EPA and the plant batching operation will be enclosed in a building to ensure dust collection. 3 Additional Response: During construction there will be some dust as the work will be with earth materials. However there will be no major movemem of earth required as the site is nearly flat now. Complaint statemem: "Those dust collectors don't work. The neighboring businesses by the River From plant said that plant was shut down by EPA in 1991 because of dust coming from the plant." FACT: Apex did not own that plant at that time. That plant does not have a "state of the art" dust collection system. Apex has never been shut down due to dust emissions since that plant was purchased in 2000. Apex has a good dust collection system maintenance history. That plant is old and overdue to retire. It is not comparable with the plant phrmed for this site. Issue: Water Demand Complaint statement: "How much water will you need? Are we going to find out that the City needs to build a new Water Tower out here m supply you and we'll get taxed to build itT' FACT: Concrete hatching typically uses 27 gals. per cu. yd of concrete. The current plant is supplied from the same water tower in Dubuque as this site. With increases in business the water usage will increase. However the total water demand will not be significant to the 8 inch main or system capacity serving the area. Additionally both Bellevue Heights and Table MotmdHome Park are not within the City or served by the City Water System. Issue: Property Value Complaint statement: "Nobody wants a concrete batch plant in their backyard. That is where this is going, in our backyard. We own property here that will be hard to sell with this plant here." Response: Market value is dependent on numerous factors. It is a fact that Mobile Homes depreciate. The primary factors to value of a mobile home. are size, age and condition. Secondary would be Park location, followed by Park maintenance or condition. This Park is not of the highest quality within the community. The Mobile Home Owners in Anamosa have not had an issue with lost value due the Apex batch plant there. Apex Concrete and Dubuque Southgate are willing to provide improvements to enhance the value of the homes abutting the Dubuque Southgate property and improve the desirability for potential future tenants by improving the areas abutting the Park as follows: Dubuque Southgate offer: Should the rezoning be approved, Dubuque Southgate is willing to install a row of Pyramid Arborvitae with a min. growth of 18 inches and a spacing of 10-12 ii., along the Northern property line of the Park, a distance of 730 ft. For this the Park would need to specify the location for which the trees are planted and allow access for planting. This would be completed this spring, 2003. For homeowners on Bellevue Heights: Thc distance to the proposed Apex plant from these properties will be 1250+ ft. (¼ mile). We do not see those property values being impacted by this facility. Tim Stierman presented a photo viewing fi:om the 2na floor window of his home with the Flyrm concrete batch plant imposed upon the site indicating the plant would be damaging to his view. The plant as imposed upon the site was not accurately placed. Per the Conceptual Plan the Apex plant will be much farther east and nearly completely hidden fi:om his view as are the gravel piles. (Ref. Stierman picture if provided by him). For the lots extending southward behind the homes on Bellevue Heights and abutting Hwy 52 there is little opportunity to gain access to Hwy 52. There is only one defined "field" access in this area to 52. The others have a wide deep ditch between their property and Hwy 52 (see photo). Access to Hwy 52 is unlikely to become a reality given the topography of the area. We do not see that the value of these lots can be impacted by this facility either. For the homeowners directly abutting the proposed site: Per discussions with the homeowner at 602 JacolS, Cathy Behnke, it was stated that she felt we, Dubuque Southgate, have done more to improve the area by their yard than has the Park ovmers. She felt the improvement to the area directly abutting to and upon their lot as shown on thc Conceptual Plan will make their yard much better. Their principle concern is with water coming down Jacob street during heavy rains. (This water is not fi:om Dubuque Southgate drainage, but fi:om within the Park). She stated that "all the water flows in their drive way, through their yard and some under their home." There is no storm water catch basin at the end of Jacob street even though the cul-de-sac is curbed. Cathy said the Park has not responded to numerous written requests from them to do something to prevent tiffs. She also said the Park didn't do the yard landscaping promised when they purchased their double wide home. They had to do it themselves. Cathy feels our planned improvements would significantly improve their yard. For 602 and 603 Jacob, Apex and Dubuque Southgate offer: Should the rezonlng be approved, Dubuque Southgate and Apex, given Park's approval/permission, will fill the area at 602 Jacob to the property line, cover with top soil, reseed the area, and plant the proposed screening at no cost. This would be completed this spring, 2003. In addition, we are would agree to install a catch basin with drainage pipe to the established drainage ditch at no cost so the storm water fi.om Jacob street is controlled. Table Mound Mobile Home Park would, however, be required to provide for the cost of the materials as this problem is not the result of storm water drainage from Dubuque Southgate's property. In addition we would agree to landscape the yard east of the mobile home at 603 Jacob street, grade the area as per the Park's desires, reseed it and plant the screening as pre the Conceptual Plan. If the rezoning request is approved this would be completed this spring, 2003. Issue: Security Concern of Table Mound residents: "Children may see this area as a potential play ground." Response: The Conceptual Plan does not indicate security fencing. This was an oversight on the plato Apex agrees to install a 6 ft. cyclone fence along the sites west property line. This fence would be installed as soon as possible in the construction phase so the site will be secure during the plant construction. Issue:Ethics Dubuque Sonthgate and Apex Concrete have been accused by parties opposed to this re-zoning of; "under the table" negotiations with the Board and of paying others to speak on their behalf; specifically with respect to the Park owner in Anamosa. We have conducted all communications to the Board respectfully and ethically and have paid no one in cash or kind. Our communications with the Board and P&Z have only been for the purpose of understanding the process, informing the Board of the site plans, establishing the requirements of the Conceptual Plans and providing factual information for the Board to make an informed decision. No details provided by either Dubuque Southgate or Apex Concrete have been willfully misrepresented. Dubuque Southgate Investments Ltd. Apex Concrete FE9-05-2003 ND 07:43 1~i'I, Bi, RD 00NORETE DY~RSVILLE FAX ['t0, 319 87~ 7860 F~qli IlO, 583 ~9 88?2 P, OI ?,07 FOr 66'2 and 603 J~,cob, ~ and DubuquO Souih~¢c Park's appro~al/per, mJsslon, will fill the at'ca at 602 Sacob to the property line, cover with lop soii, rc~ed the ~ ~ plant the proposed soreenin~ at no co~ This would be ~:ompleted ~ spring, 2003. lu addition, v~ are would agre~ ~o install a catch basin with drainage pipe to the ~-tabltshed drainage ditch a~ no cost so the storm waic~ from Sanob street is coni'tollcd, Table Mound Mobile Home Park would, however, be rcquked lo plxwide for thc cost ofgx~ materials as this problt~n is no~ ~ho r~sult of ~torm water drainage from Dubuque Soutl~ate's pmpcrt7, In a~__it_~n we would agree m lattdSCal~ thc yard cast of the mobile at603 Jacob strcet, llradc tho m~t as per ti~ P~k's desk~9, retread it and plsr, i tl~ screening as pre the Conceptual Pla~, If the r~zoning request is approval this would be compl~l this spring, 2003. Coni~'a of Table Mound rc~klents: "Childr~ may see this area as a potc~ial play ground." l,h~ponsc: 'the Cot~lx~ual Plan doe~ ~t htdicato 9~curlty f, mdng. This was an ovcrsi~hz on the pla~. -~pex ~ ~o hmtall a 6 ft. cyclone ~ along ~ sites west prop~riy lirt~. Tltis fm~o would bo install~i as soon as possible in tho oonstm~tion phase so the si~ wtli 1~ i~-'llre during the plant ~onstmc~n. Issue: Ethics 6 Turn/ Slow lane on 52 W 620 ft. of full width with 165 taper Bellevue Heights roperties viewed from access to proposed site Metropolitan Hts. Homes below here access Route to Proposed Apex Site Building w/ Barrier Evergreens and fence End of Jacob Building w/ Barrier + Evergreens w/ Fence 602 Jacob Street Planned improves - level yard, remove stump, install drainage from street and plant trees 603 Jacob Street Landscaping offer- Remove Berm, Plant screening and reseed Proposed planting of a row of Arborvitae by Dubuque Southgate Climatic Wind Data for the United States Table Mound Park 730 Noonan Street Dubuque, IA 52003 CITY- OF DUBUQUE December 27, 2002 Zoning Advisory Commission Planning Services Department c/o Mr. Kyle Kritz City hall 50 West 13th Street Dubuque, IA 52001-4864 Re: Rezoning of property from PR to MHI for Lot 1 of Key Gate Center NO. 2 Dear Commission Members: As president of Table Mound Park Corporation which owns property abutting that proposed for rezoning, I want to express my strong concern for what may be developed under the very broad uses allowed under the MHI zone. Table Mound Park has long been established as a residential community of mobile home residences, many of which are immediately adjacent to the property under consideration. Many of the uses allowed in the MHI zone would be objectionable for obvious reasons to those mobile home owners who live in that area. Without knowing what is specifically proposed for the site in question, I on behalf of Table Mound Park and. all those homeowners who could be seriously affected by the developments allowed under this proposed zone express opposition to this request for a zone change. Since I am from out of state, it will not be possible for me to attend the hearing January 8th, 2003 so I ask that this letter be transmitted to ail the commission members for their consideration. Sincerely Dubuque Southgate Inc. 590 Samuel Street Dubuque, Iowa 52003 Date: 29 Jan, 2003 Dear Jacob Street resident: As owner of the property abutting the end of Jacob Street, we Dubuque Southgate Inc., are requesting the re-zoning of the property east of your street. The rezoning request is to accommodate the needs of a potential purchaser of the property, Apex Concrete. It is the desire of Apex Concrete to be a good neighbor to the home owners adjacent to this property. Therefore, we would like to meet with you to discuss their plans and to receive your comments. Your opimon matters to them. They have made provisions within their plans to address the known concerns of the residents and would like to show you their Conceptual Plan for this site. In showing you what they plan to do they would like to hear your comments and discuss any concerns you still may have with the plan. We believe through cooperative understanding the resulting plans can accommodate all parties' needs. Apex Concrete and Dubuque Southgate have arranged to be available to meet with you for a "one on one" discussion. When:Saturday Feb. 1, 2003 Time:9:00 to 11:00 AM Where:Happy's Place in Rockdale Please take this opportunity to meet with them and to discuss the plans for tiffs site. Come at anytime convenient for you between 9 and 11 AM and we will accommodate you as soon as possible. There may be a slight wait if someone is before you, so refreshments and a morning snack will be available for you as you wait. Thank you in advance for your attendance. Sincerely yours, Dan Muellur & Dennis Thier Dubuque Southgate Inc. 590 Samuel Street Dubuque, Iowa 52003 Date: 29 Jan. 2003 Dear Mr. Kremer: At the direction of the Dubuque Zoning Board we have sent the enclosed letter to the residents on Jacob street that are within 300 fL of the parcel that we are requesting be' rezoned. As it was agreed to with Richard Young, we are hereby extending to you an invitation to sit in on this meeting to hear the discussion as it occurs. It is the intent of Apex Concrete to be a good neighbor to the homeowners should they become the future owner ofthls parcel. They are willing to do wl:mt is reasonable in this regard and are willing to make adjustments to their plans if that should better suit the residents near to the property. Tins meeting is to determine what they would like as well as to give them the opportunity to individually express their concerns. Please be mindful that our commitment to the Zoning Board is that APEX wouid document the comments of the homeowners and provide them to the Board. Should you not be able to attend, APEX is committed to provide the documented comments openly and honestly to the Board as they requested. To do so Apex will be meet with the invited residents in a "one on one" forumm This is to permit each to see the details of the Conceptual Plan and ask their questions. We, Dubuque Southgate, are. also willing to work with the Table Mound Mobile Home Park to develop the area north of Jacob Street so that it would be aesthetically more suited to the residents abutting our property. We previously discussed that this could be a line of evergreen trees. We committed to Mr. Young that we would meet with you and together agree upon what would be put there. We would like to discuss this matter with you on Saturday as well. Sincerely yours, Dan Mueller, Dubuque Southgate Ltd. C.C. Dennis Thier, Apex Concrete Sign In Sheet Dubuque Southgate/Apex Rezoning IDOT Garage Established about 1960 Before table Mounds Mobile Homes Park was built current park ownerspurchased park about 8 years ago IDOT state garage next to Jacob Street Sand pile in IDOT lot west of Jacob Street Note: Salt storage building, loading involves back-up and dumping w/ 4-WD loader ~~NC ADVANCED TECHNICAL SERVICES INC. DATE: PROJECT: BY: SUBJECT: CONTACT: PHONE: FEB ~ 2003 CITY OF DUBUQUE PLANNIN~ SERVlCES DEPAm M BOX 825 · CEDAR FALLS. IOWA 50613 · (319) 277-540t · FAX 319-277-5403 FAX KC]. : F~b. 0:~ 200~ 09:54AM Pi FPO,~ Table Mound Park 730 Noonan Street Dubuque, lA 52903 January 3, 2003 Zoning Advisory Corranission Planning Services Department C/o Mr. Kyle lC. ritz City Hall ~ 50 West lz~h Street Dubuque. IA 52001-4864 Re: Rezoning of property fi:om PR to MHI for Lot 1 of Key Gate Center No. 2 Dear Commission Members: As president of Table Mount Park Corporation which owns the mobile home park direetly abutting the property proposed for rezoning, I want to again express my concern thru the development ora concrete plant immediately adjaeeQt to established residential areas is not proper zoning. The noise, dust and traffic g~.uaerated by *.his plant would seriously affect the quality of life lbr those living in that area and I am certain that residents anywhere in the city would feel the ~ame if this project was proposer next to r. heir home, I, again, on behal£of Table Mound Park and all those homeowners who would be seriously affected by this proposed development located immediately adjacent Io their homes want to express strong opposition to this proposed zone change. Sincerely, Zoning Advisory Commission City Hall, Second Floor 50 W. 13th. Street Dubuque, IA 52001 January, 29, 2003 Dear Board Members: I am writing this letter to voice my strong opposition to the sale of land, owned by Dubuque Southgate Development, south of Hwy. 61/151 & Hwy. 52, lot 1 of Key Gate Center No. 2. I am convinced that the sale of this property to Apex Concrete, and the rezoning from PR Planned Residential, to MHI Modified Heavy Industrial, would create many problems for the people who live in this area, as well as people who regularly travel through this area. My property is directly across from the proposed Apex sight. It would be impossible to buffer my home, as well as the homes of my neighbors, from the noise, dust, diesel smell, and the mamrtaoth looks of a plant that will not fit into the surrounding views. Our neighborhood is predominantly residential, with a few commemial properties also located in the neighborhood. To introduce a Modified Heavy Industrial concrete plant into this area would sta~-mate any future development of this area, as we}t as being detrimental to existing home owners property values. Another problem with a plant of this nature, will be the slow moving track traffic, added to an already congested area. Loaded concrete tracks entering Hwy. 52 will create considerable safety hazards. Fast moving traffic traveling west on Hwy. 52 will be slowed to a crawl by these trucks entering and exiting the highway. There are already many serious, as well as fatal accidents, at the intersection of Hwys. 61/151 & 52, and the areas dose by. The addition of the heavy track traffic related to this plant would greatly increase these numbers. As you can see, the rezoning of this land and sale to Apex creates far too many environmental, safety, and aesthetic challenges. I believe all of these challenges can not be remedied, and Apex has not offered any reasonable proposals to address these concerns. A plant such as this should be placed in an area already zoned for industrial use, where it will fit in better with its surroundings, such as the industrial park located off the N.W. Arterial or the industrial park located off Seippel Rd. One more thing to consider is the reason the city wants Apex out of the river front area, to beautify the river front area, for tourism. Many of these tourist will be entering through the Hwy. 61/151 & Hwy. 52 "Gateway". First impressions being the lasting impressions I would think that the city would want all of its "Gateways" to be as beautiful as its rivei front. By placing an unsightly concrete plant at the intersection of 3 main highways into Dubuque, you would be defeating the beautification process. Thank You for your time and consideration. Sincerely Tim & Amy Stierman Kevin and Laurie Kelleher 9237 Belle,rue Heights Dubuque, LA 52003 L LANNINO SERV)CES DEPARI'I~EN~ February 2, 2003 Zoning Adxdsory Committee City Hall 50 W. 13m Sla'eet Dubuque, IA 52001 Dear Zoning Advisory Committee, This letter addresses the recent announcement of Apex Concrete's plans to build a new concrete batch facility in the cormmercial area just south of Dubuque. The proposed site is currently zoned for commercial use. Residential homes, wooded areas and a few commercial/retail businesses surround it. As a nearby resident, we are very much opposed to the construction ora concrete batch plant on tiffs site for obv/ous reasons. These reasons include great concern over the following: · Excessive noise from heavy, loaded tracks laboring up hill · Distracting "backap" beeps from cement trucks as required by law · Increased traffic at an akeady busy intersection Increased dust and possible exposure to cherrficals used in the concrete mixing process · Loss of aesthetic appeal · Degradation of property value · Improper use of property and zoning. Apex has requested the re-zoning of this property from Commercial to Heavy Industrial. Is it not the purpose of zoning law to prevent dissimilar businesses from locating in the same area? Have we not put significant effort and tax dollars into creating indnstriaI parks designed spec/lically for industrial businesses? Are these properties at full occupancy? If not, it seems there are other options available that are more appropriately aligned with our city's development plans. Sincerely, Kevhi J. Kelleher Laurie A. Kelleher Robert Cottrell 648 Astor Circle AGAINST ZONING FOR A CONC] Dear members of the zoning board, CITY OF DUBUQUE PLANNING SERVICES DEPARTMENT I believe that this is not the place for an industry such as a cement works to be in this area whatsoever being it will cause the normal problems an industry like this causes. I'm sure at this meeting hopefully you have heard several aspects of the problems this industry will advail, such as noise, pollution to the air and of course the cosmetic effect it will have on this beautiful country atmosphere. Some aspects, looking forward to other problems that might not have came up at this meeting but hopefully were are these you might want to digest. The traffic and heavy loads these trucks will be hauling and the danger with all the children who are from this area who still don't have sidewalks to walk on. They frequent the Dairy Queen I'm sure and the other establishments near there. I'm sure with your expertise you have gave it serious thought about these trucks cutting to the West by traveling Kelly Lane. Rather you put rules on this or whatever, common sense shows that this will be difficult to police and in my estimation this oecurance will happen. Rather they say they are empty or on a delivery in that area I believe they will use it as a short cut as they do to this day. What comes to focus then of course is that it will tear the streets up in this area plus as I stated before there are no sidewalks on Roekdale Road thus the children will be in great danger. This area is perfect for a grocery store whieh with this side of town building up could surely use. Even though I live on the County side for over 20 years by choice because of the peaceful setting we have here, I've already experienced the noise of the trucks while they were landscaping and they sounded as though they were right out my front door. Please don't ruin this area by putting this business at this area. Fences would not be high enough for this eyesore to be situated at this spot. I'm not thanking you as yet until you turn them down, but with anykind of foresite which you people do well I will say Thankyou now for your dicision for turning them down and locating them eleswhere. Yours truly Robert Cottrell 2. 3. 4. 5. 6. 8. 9. 10. 11. 12. 13. 14. 15. 16. JANUARY 2003 TO: RE: LOCATION: SOUTH OF HIGHWAY 61/151 AND HIGHWAY 52 (LOT 1 OF KEY GATE CENTER NO. 2) PROPOSED ZONING CHANGES AND/OR DEVEI~II~EI~I__A,~I'~0[~D R~J ~E WE THE UNDERSIGNED, DO HEREBY OBJECT TO THE ABOVE PROPOSED REZONING CHANGE FOR THE FOLLOWING REASONS: · INCREASED HEAVY TRUCK TRAFFIC AT AN ALREADY EXTREMELY DANGEROUS/BUSY INTERSECTION, · INAPPROPRIATE TO THIS RESIDENTIAL AREA, · REDUCTION OF OUR PROPERTY VALUES, · NOISE AND POLLUTION, AND .~ · TOTALLY OPPOSITE OF WHAT THE CITY OF DUBUQUE IS STRIVING TO DO TO ENHANCE THE APPEARANCE OF THE GATEWAYS INTO DUBUQUE. LAST NAME JANUARY 2003 TO: DUBUQUE ZONING ADVISORY COMMISSION RE: CITY OF DUBUQUE , PLANNiNG SE.R'V1CES DEPARq'MENT PROPOSED ZONING CHANGES AND/OR DEVELOPMENT PLANS TO REZONE PROPERTY FROM PR PLANNED RESIDENTIAL DISTRICT TO PI PLANNED INDUSTRIAL DISTRICT. LOCATION: SOUTH OF HIGHWAY 611151 AND HIGHWAY 52 (LOT 1 OF KEY GATE CENTER NO. 2) WE THE UNDERSIGNED, DO HEREBY OBJECT TO THE ABOVE PROPOSED REZONING CHANGE FOR THE FOLLOWING REASONS: · INCREASED HEAVY TRUCK TRAFFIC AT AN ALREADY EXTREMELY DANGEROUS/BUSY INTERSECTION, · INAPPROPRIATE TO THIS RESIDENTIAL AREA, · REDUCTION OF OUR PROPERTY VALUES, · NOISE AND POLLUTION, AND · TOTALLY OPPOSITE OF WHAT THE CITY OF DUBUQUE IS STRIVING TO DO TO ENHANCE THE APPEARANCE OF THE GATEWAYS INTO DUBUQUE. · FIRST & LAST'NAME ADDRESS 22. 23. 24. 25, 26. 27. 28. 29. 30. 31. 32. 33. TELEPHONE 35. 36. ( 37. 38. 39, 4~.i 43. i 44. (o ADDRESS 74. 75. 76. We, the undersigned, are residence in close proximity to property owned Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center i greatly opposed to the sale of this property to Apex Concrete, and the propo this land from PR Planned Residential to MHI Modified Heavy Industrial. We believe the addition of a concrete batch plant at this location would create unacceptable levels of dust and noise, as well as creating very dangerous traffic problems in an already congested area. This area is predominantly residential, and the massive size of this concrete plant would not aesthetically fit into our surroundings. We, the undersigned, ask that you reject this zoaing change, as it would be detrimental to the enjoyment and value of our properties. Signature Address ;;2. ? /2 O!W 9~ !2UTJ~iJE ~: ,~;,~ G SERVICES DEPAR ..... ,. We, the undersigned, are residence in close proximity to property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the sale of this property to Apex Concrete, and the proposed drastic rezoning of this land from PR Planned Residential to MHI Modified Heavy Industrial. We believe the addition of a concrete batch plant at this location would create unacceptable levels of dust and noise, as well as creating very dangerous traffic problems in an already congested arem This area is predominantly residential, and the massive size of this concrete plant would not aesthetically fit into our surroundings. We, the undersigned, ask that you reject this zoning change, as it would be demimental to the enjoyment and value of our properties. Signature Address /,2'7 3a 3t We, the tmdersigned, are residence in close proximity to property owned by Southgate Development, south of Hwy. 611151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the sale of this proper~y to Apex Coucrele, and the proposed drastic rezuning of this land from PR Planned Residential to MHI Modred Heaw Industri~fl. We believe the addition of a concrete batch plant at this location would create uaacceptable levels of dust and noise, as well as creating ver~ dangerous tra~e problems in an already congest~l are~ Tiffs area is predominantly residential, and the massive size of this concrete plant would not aesthetically fit into our surroundings. We, the undersigned, ask that you reject this zoning clmnge, as it would be delrimenlal to the enjoyment and value of our pmperlie.~ Signature Address We, the undersigned, are residence in close proximity to property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly oplx~Sed to the sale of this property to Apex Concrete, and the proposed drastic rezoning of this land from PR Planned Residential to MI-l/Modified Heavy Industrial. We believe the addition of a concrete batch plant at this location would create unacceptable levels of dust and noise, as well as creating very dangerous traffic problems in un already congested area. This area is predominantly residential, and the massive size of this concrete plant would not aesthetically fit into our surroundings. We, the undersigned, ask that you reject this zoning change, as it would be detrimental to the enjoyment and value of our properties. Signature Address FEB 5 2003 C1'17 OF DUBUQUE PLANNING SERVICES DEPART~ENT Commissione~ FEB 3 2003 CiTY OF DUBUQUE PLANNING SERVICES DEPARTMENT Sunday, February 02, 2003 In regard to the rezoning of property owned by Mr. Whitey Miller, with the intent of relocating Apex Cement Plant in this rezoned area., At the frrst meeting the commission heard several negative reasons for not allowing the rezoning of the said property to heavy industrial for the purpose of building this plant; such as dust, noise, traffic, etc. We are concerned about all of the negative impacts that have been raised regarding this issue. The focus of this letter, however, is to address our primary concern regarding the negative impact on traffic this plant will have. We question whether or not anyone has really looked at the current traffic flow through · the intersection of 151-61-52 South? We are very concerned that slowing moving track traffic would further hinder the flow of traffic through this intersect/on. I live in a home located right above Banworth Furniture store and sit on my front deck and watch the traffic flow. I have observed and experienced traffic congestion being difficult several times during the day and evening. I personally travel these roads every day, sometimes several times a day. Quite often it is near impossible to get out of the' frontage road coming from Kwik Stop to turn left to get on to Highway 151-61. The oncoming traffic at the light coming from both Highway 52 and Twin Valley Road causes difficulty turning left from Highway 52 on to Highway 151-61 heading south. It is not unheard of to sit in the Highway 52 traffic lane waiting to mm left on to Highway 151-61 for two to three lights. Traffic from the businesses on the west side of Highway 151-61 experience the same difficulties crossing this intersection. This occurs under normal traffic conditions. I hesitate to even think of what the traffic chaos will be in the event that this plant is built in the area of question. Let's also consider the traffic flow coming out of Dubuque on Highway 151- 61 as it relates to the Highway 52 intersection. Traffic wanting to mm left on to Highway 52 at this intersection is routinely backed up past the designated tum/ng lane area on the highway itself. Again, it is not uncommon to have to wait through as many as two to three lights before you even approach the actual mining section of the lane. I have actually been in the position several times that the lane has been backed up over the hill heading down by catfish creek. With camping, boating, hunting, and just the spring/summer/fall seasons, the increase in traffic through this intersection is substantial Campers, motor homes, bicycles tours, swarms of motorcycles, boats on trailers, etc. are coming fi:om every direction going in every direction traveling through this intersection. The increase in traffic through this intersection has increased/he business for the existing businesses in the area. This in mm has increased traffic flow and makes it hard to exit these businesses on to the existing highways at these intersections. Just consider all the school buses that use these highways and espeCially this intersection. This doesn't include kids (our precious future)' who drive to school, sporting activities, band, orchestra, etc. We have the EB Lyons Park Reserve Park On our side of the highway that is visited by not only people fi-om the Dubuque Community but fi'om other areas; school visitations, etc. We have highway 52 South that leads you to many interesting places such as Mines of Spain, Crystal Lake Cave, the Bellevue area etc. that attract lots of extra people traveling through the area. We are not near able to handle this situation.normally as is. Please do not create additional problems by Permitting heavy, track traffic that would slow traffic flow even more than what it already is. Please reconsider and find a place for this business which is better suited for them and save our environment and safety. Thankyou, .., Ken and Dorothy Brimeyer 9326 Bellevue Heights Dubuque, IA 52001 (563) 556-3677 January 30, 2003 Zoning Adviso~ Commission City HAl 50 W. 13~ Street Dubuque, iA 52001 FElt _ 3 20O3 GFff OF DUBUQUE PLANNING SERVICES DEPARTMENT To Whom It May Concern,. This letter is in regards to the proposal to rezone Lot 1 of Key Gate Center No.2 from a PR Planfied Residential District to a MHI Modified Heavy Industr/al District. This rezoning would disrupt a large area of residential neighborhoods and ainu uai-l'za~u tuc trau~lmuty of a nature preserve. The areas affected would be Table Mound Trailer Park, Bellevue Heights, Metropolitan Heights, Mines of Spain aUd EB Lyons, and any other homes nestled in tl/e cotmtryside around this area. The planned rezoning is being brought to the board with the hopes of rezoning this area and plans of building a cement plant on the site. First of all we realize with the Riverfront Project mo/Sng ahead it is important to relocate said cement plant fi:om the area but we also have been lead to believe that the already existing industrial sites west of Dubuque were zoned in such a way to accommodate this cement plant. Why take a residential neighborhood and rezone it when there is an area rezoned for industrial businesses already? The area in question to be rezoned is the major gateway t~om the south into the City of Dubuque. If this area is rezoned to accommodate industrial businesses instead of new friendly residential neighborhoods, won't visitors have a splendid welcoming into our fair ci~. Not to long ago-a business man wanted to relocate a salvage yard less that a half mile from this site and he was turned down because of the impact his salvage yard would have on the view entering the'city, what makes tlhs so different? Asi-de from visitors viewiug the industrial area, think of'the wonderful view those of us in the stwrounding neighborhoods will have. When those of us living in these mentioned neighborhoods bought our homes we had a few small businesses around us, and of course a wonderfid view 6fthe countryside. A cement plant is not exactly'the sight we hadplarmed on enjoying on a nice summer evening, not to mention should we ever decide to move and sell our homes. Would a perspective buyer want to look over at a cement plant? So not only will this rezoning damage the countryside but what does it do to o-ar real estate values? Our neighborhood sits directly north, approximately 500 yards from the proposed area. We'are speaking fi:om experience when we say we wiil not be able to sit outside in the summer on our decks or have our windows open when there is a south wind blowing. Most of the summer'we have a south or southeast wind blowing, which would bring dust from the plant whenever materials are dumped and from the trucks driving through the plant and its dust. We will also have to smell the sickening smell of exhaust from Cae trucks either traveling up the steep hill to the plant or up the steep hill to the intersection of 52 South and 151161. The summer they excavated that area, the dust was so bad it was impossible to have windows open or sit outside. The noise is another factor which should be taken into Consideration, why should a residential area be forced to listen to the industrial noises when there are areas zoned for modified heavy industrial? The noise from the plant itsel£will be disruptive enough not to mention the sound of file cement truck climbing those hills, or the noise of the loads of materials being dumped and also the beeping of the ~tmks as they back up. tl's not exactly fne sound o£nature that most of us in these residential neighborhoods bought our houses to hear. Then we buve ihe concern of irui'i~ic sa£e[y ai cae imersec[ion of 52 $ouca and 151/61. Anyone who lives in this area knows how busy that intersecti0n really is, not to mention dangerous at times, if the traffic moving along Highway 15V61 doesn't make it dangerous enough, we have the traffic fzom businesses in the area entering from Gateway Drive and Bellevue Heights onto 52 So. uth. This is just up from where numerous cement trucks and dump tracks will now be entering the highway if the rezoning passes. The intersection at times throughout the day often has traffic backed up past the mm lane on 151/6t, thus leaving turning cars sitting out in the southbound' lanes waiting until the next light. Traffic is also often backed up down Highway 52South waking for the light causing danger with cars entering and exiting area businesses. Ail of this will be more complicated by adding many cement tmc'~ and dump tracks to an already busy intersection. ,Why take an already hazardous and busy intersection and toss more fuel on the fire to create a worse situation7 So in closing we wonder why when there are so many negatives for the area and the people involved would the board rezone a residential neighborhood into a modified heavy industrial? Especially when Dubuque and Dubuque County already have designated areas for industrial Use .9 Please re-examine this rezoning issue and do what is right for the people of Dubuque Cotmty and not what is right for big business. Thank-you.. Haria~and Becl~ Dory 9269 Bellevue Heights Dubuque, IA 52003 Febma_tyll, 2003 To: Dubuque City Council: Subject: Application of Dan Mueller. Re: rezone from residential, to heavy industrial. When the zoning commission met on Feb. 5, 2003, it was voted not to rezone, therefore I am asking the council to follow thru with the same. At the above meeting there was extreme opposition through out the neighboring area's of Bellevue Hgts, and Metropolitan Hgts. Most of our prope~, namely our homes, where build in the 50's. Peace and quite are our most important objective. Noise, dust, and long hours of work by the above matter would be very detrimental to our well- being. There may also be a question of property de-valuation, which we are not now nor will ever be at our best interest. Let us focus on noise: 1. The environmental noise level as measured at the ear, is 92 dBA. 2. Most common ear protective devices protect 1o 21 decibels. 3. Caution: For noise environments dominated by frequencies below 500 Hz, the C-weighted environmental noise level should be used. 4. No one in the neighboring area's of Bellevue Hgts, and Metropolitan Hgts should be forced to wear noise level devices. Sincerely: .~ ~ Charles V. Plein 8992 Metropolitan Hgts Dubuque, Iowa. 52003 February 12, 2003 To: Dubuque City Council: ·-- ~-~ Subject: Application of Dan Mueller, . . c~ Re: rezone from res~demJal, to heavy industrial. This letter is in regards to the rezoning proposal of the property mentioned above. My husband and I live at 8992 Metropolitan Hats. Our neighborhood is very quiet, most of our neighbors are retired, we raised our children, paid our mortgages, etc. We have many trees in our area, the Mines of Spain is across the road from us, a short three-minute fide takes us into the Mines of Spain, as per the Olde Massey road entrance. We and our neighbors choose to live in this area because of the peace and quiet we experience. Several years ago, when the property in question was leveled, (or developed), we could not leave our windows open or sit on our porch, due to the steady noise of dump-trucks, bull-dozers, and other heavy equipment, also because of the dust. Hwy 52 is below form our house, it is like a valley down there and any noise is brought up the hill like an echo! The noise from heavy dump-trucks is quite loud· As you know highways 15141 south is also quite busy. The Intersections of t51-61 South and Hwy 52 is a very busy intersection with a steady flow of traffic, like the intersection of Asbury Roi and J.F.K. School buses also cross the intersection to and from Table Mound School, and Washington Jr. High School. Hwy 52 is also called Iowa's Great River Road; it parallels the Mississippi fiver on the eastern borders, from Missouri to Minnesota. Many tourists travel this Hwy, from spring to late fall, in cars,suv's., on bikes and motorcycles. The residence's from Bellevue, St. Donatus, St. Catherines, Massey Station, and Crystal Lake cave area use this highway to get to Dubuque. I feel that this is quite a lot of traffic, and heavy dump tracks will slow it down, especially when they are filled with gravel and drive up the hill. I ask you, if you had no involvement with this project what-so-ever, would you want to live in an area that could soon have heavy industrial usage. I ask you kindly to vote against rezoning. Thank You: Sincerely: Hannelore J Plein 8992 Metropolitan Hats Dubuque, Iowa 52003 City Council Members: Attached you will find signatures on one of two petitions passed through the areas directly effected by the proposed Dubuque Southgate Development zoning change, and sale of this land to Apex concrete. The areas covered by these petitions were split up, so as not to contain duplicate signatures. There are 84 signatures on my enclosed petition, as well as 10! separate signatures collected by Joyce Fords petition, for a total of 185 signatures. We were unable to contact all residence in this area, but it is my understanding that all residence, with the exception of 2, that were asked to sign these petitions, wished to express their opposition by adding their signatures. This reflects a 98.9% disapproval rating of allowing this zoning measure to pass. With such an overpowering disapproval rating we hope that you as council members listen to the peoples will, and vote against this proposed zoning change. Thank you for your time and consideration. Sincerely Tim and Amy Stierman 9270 Bellevue Heights Rd. Dubuque, IA 52003 We, the undersigned, are residence in dose proximity to property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the sale of this property to Apex Concrete, and the proposed drastic rezoning of this land from PR Planned Residential to MI-II Modified Heavy Industrial. We believe the addition of a concrete batch plant at this location would create unacceptable levels of dust and noise, as well as mating very dangerous traffic problems in an already congested area. This area is predominantly residential, and the massive size of this concrete plant would not aesthetically fit into our sun'oundings. We, the undersigned, ask that you reject this zoning change, as it would be detrimental to the enjoyment and value of our properties. Signature Address /Z /2 We, the undersigned, are residence in dose proximity to property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the sale of this property to Apex Concrete, and the proposed drastic rezoning of this land from PR Planned Residential to MHI Modified Heavy Industrial. We believe the addition of a concrete batch plant at this location would create unacceptable levels of dust and noise, as well as creating very dangerous traffic problems in an already congested area. This area is predominantly residential, and the massive size of this concrete plant would not aesthetically fit into our surroundings. We, the undersigned, ask that you reject this zoning change, as it would be detrimental Io the enjoyment and value of our propcrties. Signature Address , f , ,;27 32- 32 We, the undersigned, are residence in dose proximity to property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Crate Center No. 2. We are greatly opposed to the sale of this property to Apex Concrete, and the proposed drastic rezoning of this land from PR Planned Residential to MHI Modifiext Heavy Industrial. We believe the addition of a concrete batch plant at this location would create unacceptable levels of dust and noise, as well as creating very dsnggrous traffic problems hi all already congested area. This area is predominantly residential, and the massive size of this concrete plant would not aesthetically fit into our surroundings. We, the undersigned, ask that you reject this zoning chznge, as it would be detrimantal to the enjoyment and vahie of om' properties. Signature Address We, the undersigned, are residence in close proximity to proporty owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the sale of this property to Apex Concrete, and the proposed drastic rezoning of this land from PR Planned Residential to MHI Modified Heavy Industrial. We believe the addition of a concrete batch plant at this location would create unacceptable levels of dust and noise, as well as creafng very dangerous traffic problems in an already congested area. This area is predominantly residential, and the massive size of this concrete plant would not aesthetically fit into our surroundings. We, the undersigned, ask that you reject this zoning change, as it would be detrimental to the enjoyment and value of our properties. Signature Address Kevin and Laurie Kellehcr 9237 Bellevue Heights Dubuque, IA 52003 Febmaryl2,2003 Dubuque City Councfl City H~l 50W. 13~ S~eet Dubuque, IA5200i Dear City Council, This letter addresses the recent announcement of Apex Concrete's plans to build a new concrete batch facility in the commercial/residential area just south of Dubuque. The proposed site is currently zoned for planned residential use. Homes, wooded areas and a few commercial/retail businesses surround it. As a nearby resident, we are very much opposed to the construction ora concrete batch plant on this site for obvious reasons. These reasons include concern over the following: · Excessive noise from heavy, loaded tracks laboring up hill · Dislracting "backup" beeps from cement tracks as required by law · Increased ~affic at an akeady busy intersection Increased dust and possible exposure to chemicals used in the concrete mixing process · Loss of aesthetic appeal · Degradation of property value · Improper use of property and zoning. Apex has requested the re-zoning of this property from Planned Residential to Heavy Industrial. This is a huge leap and causes the most concern for us. Is it not the purpose of zoning ordinance to prevent dissimilar businesses from locating in the same area? Have we not put significant effort and tax dollars /nto creating induslrial parks designed specifically for industrial business? Are these properties at full occupancy?. If not, it seems there are other options available that are more appropriately aligned with our city's development plans. The Zoning Commission upheld their commilment to proper zoning by voting against the request for re-zoning. We ask you to do the same. Sincerely, Kevin J. Kelleher Lame A. Kelleh~ Sunday, February02, 2003 C~uncil ,Members, In regard to the rezoning of property owned by Mr. Whitey Miller, with the intent of relocating Apex Cement Plant in this rezoned area At the first meeting the commission heard several negative reasons for not allowing the rezoning of the said property to heavy industrial for the purpose of building this plant; such as dust, noise, traffic, etc. We are concerned about all of the negative impacts that have been raised regarding this issue. The focus of this letter, however, is to address our primary concern regarding the negative impact on traffic this plant will have. We question whether or not anyone has really looked at the current traffic flow through the intersection of 151-61-52 South? We are very concerned that slowing moving track traffic would further hinder the flow of traffic through this intersection. I live in a home located right above Banworth Furniture store and sit on my front deck and watch the traffic flow. I have observed and experienced traffic congestion being difficult several times during the day and evening. I personally travel these roads every day, sometimes several times a day. Quite often it is near impossible to get out of the frontage road coming from Kwflc Stop to mm left to get on to Highway 151-61. The oncoming traffic at the light coming from both Highway 52 and Twin Valley Road causes difficulty turning left from Highway 52 on to Highway 151-61 heading south. It is not unheard of to sit in the Highway 52 traffic lane waiting to mm left on to Highway 151-61 for two to three lights. Traffic from the businesses on the west side of Highway 151-61 experience the same difficulties crossing this intersection. This occurs under normal traffic conditions. I hesitate to even think of what the traffic chaos will be in the event that this plant is built in the area of question. Let's also consider the Waftic flow coming out of Dubuque on Highway 151- 61 as it relates to the Highway 52 intersection. Traffic wanting to mm left on to Highway 52 at this intersection is routinely backed up past the designated turning lane area on the highway itself. Again, it is not uncommon to have to wait through as many as two to three lights before you even approach the actual turning section of the lane. I have actually been in the position several times that the lane has been backed up over the hill heading down by catfish creek. With camping, boating, hunting, and just the spring/summer/fall seasons, the increase in traffic through this intersection is substantial. Campers, motor homes, bicycles tours, swarms of motorcycles, boats on trailers, etc. are coming from every direction going in every direction traveling through this intersection. The increase in traffic through this intersection has increased the business for the existing businesses in the area. This in mm has increased traffic flow and makes it hard to exit these businesses on to the existing highways at these intersections~ Just consider all the school buses that use these highways and especially this intersection. This doesn't include kids (our precious future) who drive to school, sporting activities, band, orchestra, etc. We have the EB Lyons Park Reserve Park on our side of the highway that is visited by not only people from the Dubuque Community but from other areas; school visitations, etc. We have highway 52 South that leads you to many interesting places such as Mines of Spain, Crystal Lake Cave, the Bellevue area etc. that attract lots of extra people traveling through the area. We are not near able to handle this situation normally as is. Please do not create additional problems by peJmitting heavy track traffic that would slow traffic flow even more than what it already is. Please reconsider and find a place for this business which is better suited for them and save our environment and safety. Thank you, Ken and Dorothy Brimeyer 9326 Bellevue Heights Dubuque, IA 52001 (563) 556-3677 February 11, 2003 Dubuque City Council City Hall 50 W. 13th. Street Dubuque, IA 52001 Dear City Council Members: We are writing this letter to voice our strong opposition to the sale of land, owned by Dubuque Southgate Development, south of Hwy. 61/151 & Hwy. 52, lot 1 of Key Gate Center No. 2. We are convinced that the sale of fids property to Apex Concrete, and the rezoning from PR Planned Residential, to MffI Mod'flied Heavy Industrial, would create many problems for the people who live in this area, as well as people who regularly travel through fids area. Our property is located just north from the proposed Apex sight. Prevailing winds in fids particular area generally come from the south. These winds would carry the large amounts of dust associated with a plant of fids nature, directly toward our neighborhood. Add to this the roaring sound of all the heavily loaded concrete trucks and dump trucks, slowly crawling the steep inclines of the plants driveway, as well as Hwy. 52. The southern exposure of our home directly overlooks fids property and we would be unable to open our windows on this side of our home. It would be impossible to buffer our home, as well as the homes of my neighbors, from the noise, dust, diesel smell, and the mammoth looks of a plant that will not fit into the surrounding views. Our neighborhood is predominantly residential, with a few commercial properties also located in the neighborhood. To introduce a Modified Heavy Industrial concrete plant into fids area would stagnate any future development of this area, as well as being detrimental to existing home owners propexty values. Another problem with a plant of this nature, will be the slow moving truck traffic, added to an already congested area. Loaded concrete trucks entering Hwy. 52 will create considerable safety hazards. Fast moving traffic traveling west on Hwy. 52 will be slowed to a crawl by these trucks entering and exiting the highway. There are already many serious, as well as fatal accidents, at the intersection of Hwys. 61/151 & 52, and the areas close by. The addition of the heavy slow moving truck traffic related to fids plant would greatly increase these numbers. As you can see, the rezoning of fids land and sale to Apex creates far too many environmental, safety, and aesthetic challenges. We believe all of these challenges can not be remedied, and Apex has not offered any reasonable proposals to address these concerns, quite to the contrary Apex and Dubuque Southgate Development have done their best to ignore the concerns of the neighborhoods located north of fids property. A plant such as fids should be placed in an area already zoned for industrial use, where it will fit in better with its surroundings, such as the industrial park located off the N.W. Arterial orthe industrial park located off Scippel Rd. One more thing to consider is the reason the city wants Apex out of the river front area, to beautify the fiver front area, for tourisn~ Many of these tourist will be entering through the Hwy. 61/151 & Hwy. 52 "Gateway". First impressions being the lasting impressions we would think that the city would want all of its "Gateways" to be as beautiful as its fiver front. By placing an unsightly concrete plant at the intersection of 3 main highways into Dubuque, you would be defeating the beautification process. Thank You for your time and consideration. Sincerely Tim & Amy Stierman 9270 Bellevue Height Rd. Dubuque, IA 52003 February 11, 2003 City Council Members City Hall 1 st Floor 50 W. 13th Street Dubuque, IA 52001 ~._ 0 City Council Members, This letter is in regards to the proposal to rezone Lot 1 of Key Gate Center No.2 from a PR Planned Residential District to a MHI Modified Heavy Industrial District. This rezoning would disrupt a large area of residential neighborhoods and also damage the tranquility of a nature preserve. The areas affected would be Table Mound Trailer Park, Bellevue Heights, Metropolitan Heights, Mines of Spain and EB Lyons, and any other homes nestled in the countryside around this area. The planned rezoning is being brought to the board with the hopes of rezoning this area and plans of building a cement plant on the site. First of all we realize with the Riverfront Project moving ahead it is important to relocate the cement plant from the area but we also have been lead to believe that the already existing industrial sites west of Dubuque were zoned in such a way to accommodate this cement plant. Why take a residential neighborhood and rezone it when there is an area rezoned for industrial businesses already? The area in question to be rezoned is the major gateway from the south into the City of Dubuque. If this area is rezoned to accommodate industrial businesses instead of new friendly residential neighborhoods, won't visitors have a splendid welcoming into our fair city. Not to long ago a business man wanted to relocate a salvage yard less that a half mile from this site and he was turned down because of the impact his salvage yard would have on the view entering the city, what makes this so different? Aside from visitors viewing the industrial area, think of the wonderful view those of us in the surrounding neighborhoods will have. When those of us living in these mentioned neighborhoods bought our homes we had a few small businesses around us, and of course a wonderful view of the countryside. A cement plant is not exactly the sight we had planned on enjoying on a nice sttmmer evening, not to mention should we ever decide to move and sell our homes. Would a perspective buyer want to look over at a cement plant? So not only will this rezoning damage the countryside but what does it do to our real estate values? Our neighborhood sits directly north, approximately 500 yards from the proposed area. We are speaking fi-om experience when we say we will not be able to sit outside in the summer on our decks or have our windows open when there is a south wind blowing. Most of the summer we have a south or southeast wind blowing, which would bring dust from the plant whenever materials are dumped and from the tracks driving through the plant and its dust. We will also have to smell the sickening smell of exhaust from the tracks either traveling up the steep hill to the plant or up the steep hill to the intersection of 52 South and 151/61. The summer they excavated that area, the dust was so bad it was impossible to have windows open or sit outside. The noise is another factor that should be taken into consideration, why should a residential area be forced to listen to the industrial noises when there are areas zoned for mod/fled heavy industrial? The noise from the plant itself will be disruptive enough not to mention the sound of the cement track climbing those hills, or the noise of the loads of materials being dumped and also the beeping of the trucks as they back up. It's not exactly the sound of nature that most of us in these residential neighborhoods bought our houses to hear. Then we have the concern of traffic safety at the intersection of 52 South and 151/61. Anyone who lives in this area knows how busy that intersection really is, not to mention dangerous at times. If the traffic moving along Highway 151/61 doesn't make it dangerous enough, we have the traffic from businesses in the area entering from Gateway Drive and Bellevue Heights onto 52 South. This is just up from where numerous cement tracks and dump trucks will now be entering the highway if the rezoning passes. The intersection at times throughout the day often has traffic backed up past the turn lane on 151/61, thus leaving turning cars sitting out in the southbound lanes waiting until the next light. Traffic is also often backed up down Highway 52 South waiting for the light causing danger with cars entering and exiting area businesses. All of this will be more complicated by adding many cement tracks and dump tracks to an akeady busy intersection. Why take an already hazardous and busy intersection and toss more fuel on the fire to create a worse situation? We have been in contact with the Federal Highway Administration and the Iowa DOT Traffic and Safety Department regarding the past history of this intersection. This intersection has been the scene of numerous traffic accidents involving personal injury as well as fatalities. In a 3 year period there were 32 crashes at this intersection, some as recent as the fall of 2002 involving an automobile and a dump track resulting in a fatality. So in closing we wonder why when there are so many negatives for the area and the people involved would the board rezone a residential neighborhood into a modified heavy industrial? Especially when Dubuque and Dubuque County already have designated areas for industrial use? Please re-examine this rezoning issue and do what is right for the people of Dubuque County and not what is right for big business. 9269 Bellevue Heights Dubuque, IA 52003 Robert Cottrell 648 Astor Circle directly below where this CONCRETE CO. wants to locate which is Table Mound Trailer Park Inc. Dear members of the City Council, I believe that this is not the place for an industry such as a cement works to be in this area whatsoever, being it will cause the normal problems an industry like this callses. I'm sure at this meeting hopefully you have heard several aspects of the problems this industry will advail, such as noise, pollution to the air and of course the cosmetic effect it will have on this beautiful country atmosphere. THIS WILL CAUSE GREAT DISTURBANCE TO THIS RESIDENTIAL AREA. Possible other problems which will result from this INDUSTRY locating in this area that perhaps were not thought of or brought to your ATTENTION. The traffic and heavy loads these trucks will be hauling and the danger with all the children who are from this area, "who still don't have sidewalks to walk on." They frequent the Dairy Queen I'm sure and the other establishments near there. I'm sure with your foresight you have gave it serious thought about these trucks cutting to the West by traveling Kelly Lane. Rather you put rules on this or whatever, common sense shows that this will be difficult to police and in my estimation this occurance will happen. Rather they say they are empty or on a delivery in that area I believe they will use it as a short cut as they do to this day. What comes to focus then of course is that it will tear the streets up in this area, plus as I stated before, there are no sidewalks on Rockdale Road thus the children will be in great danger. This area is perfect for a grocery store which with this side of town building up could surely use. Even though I live on the County side for over 20 years by choice because of the peaceful setting we have here, I've already experienced the noise of the trucks while they were landscaping and they sounded as though they were right out my front door. Please don't ruin this area by putting this business at this area. Fences would not be high enough for this eyesore to be situated at this spot. Which is RESIDENTIAL. Please think ahead and don't move your eyesore from our taxpaying rebuilding of the harbour area and move it to our peaceful and quite area. Yours truly Robert Cottrell 648 Astor Circle directly below where this CONCRETE CO. wants to locate which is Table Mound Trailer Park Inc. Dear members of the City Council, I believe that this is not the place for an industry such as a cement works to be in this area whatsoever, being it will cause the normal problems an industry like this causes. I'm sure at this meeting hopefully you have heard several aspects of the problems this industry will advail, such as noise, pollution to the air and of course the cosmetic effect it will have on this beautiful country atmosphere. THIS WILL CAUSE GREAT DISTURBANCE TO THIS RESIDENTIAL AREA. Possible other problems which will result from this INDUSTRY locating in this area that perhaps were not thought of or brought to your ATTENTION. The traffic and heavy loads these trucks will be hauling and the danger with all the children who are from this area, "who still don't have sidewalks to walk on." They frequent the Dairy Queen I'm sure and the other establishments near there. I'm sure with your foresight you have gave it serious thought about these trucks cutting to the West by traveling Kelly Lane. Rather you put rules on this or whatever, common sense shows that this will be difficult to police and in my estimation this occurance will happen. Rather they say they are empty or on a delivery in that area I believe they will use it as a short cut as they do to this day. What comes to focus then of course is that it will tear the streets up in this area, plus as I stated before, there are no sidewalks on Rockdale Road thus the children will be in great danger. This area is perfect for a grocery store which with this side of town building up could surely use. Even though I live on the County side for over 20 years by choice because of the peaceful setting we have here, I've already experienced the noise of the trucks while they were landscaping and they sounded as though they were right out my front door. Please don't ruin this area by putting this business at this area. Fences would not be high enough for this eyesore to be situated at this spot. Which is RESIDENTIAL. Please think ahead and don't move your eyesore from our taxpaying rebuilding of the harhour area and move it to our peaceful and quite area. Yours truly Robert Cottrell CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby given that the Dubuque City Council will conduct a public hearing at a meeting to commence at 6:30 P.M. on February 17, 2003, in the Public Library Auditorium, 360 West 11 th Street, to consider amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by rezoning here- inafter described property located south of Highway 61/151 and Highway 52 (Lot 1 of Key Gate Center No. 2) from PR Planned Residential District to MHI Modified Heavy Industrial District as requested by Dan Mueller. (Copy of supporting docu- ments are on file in the City Clerk's Office and may be viewed during normal working hours.) Written comments regarding above reclassification may be submitted to the City Clerk's Office on or before said time of public hearing. At said time and place of public hearing all interested citizens and parties will be given an opportunity to be heard for or against said reclassification. Any visual or hearing im- paired'persons needing spe- cial assistance or.persons with special accessibility needs should contact the City Clerk's Office at (563) 589- 4120 or TDD (563) 690-6678 at least 48 hours prior to the meeting. /s/Jeanne F. Schneider, CMC City Clerk 1t2/8 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Sherri A. Yutzy, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify_that the attached notice was published in said newspaper on the following dates: February 8, 2003, and for which the charge is $13.06. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this //e,,e day of i , 20 of . Notary Public in and for Dubuque County, Iowa. i MARY K. WESTERMEYER Commission Number 154885 'ow. My Comm. Exp. FEB. 1, 2005