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