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Zoning Spiegel, Rhomberg,TollbrCity Hall (563) 5894210 office (563) 5894221 fax planning@cityofdubuque.org April 8, 2003 The Honorable Mayor and City Council Members City of Dubuque City Hall- 50W. 13th Street Dubuque IA 52001 RE: Rezoning Applicant: Royal Oaks Development/A.J. Spiegel Location:End of Rhomberg Avenue (former Tollbridge Inn Restaurant) Description:To rezone property from CR Commercial Recreation District to PUD Planned Unit Development Distdct with a PR Planned ReSidential zoning designation. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The application, staff report and related materials are attached for your review. Discussion The applicant spoke in favor of the request, reviewing the proposed project, changes that were made based on comments received on the previous submittal and status of investigation regarding potential impact of the project on eagle habitat. Staff reviewed surrounding zoning and land use. Staff provided an estimate of vehicle trips generated by the proposed project and reviewed historical vehicle counts when the old Wisconsin bridge was still in operation. There were several public comments in support of the request stating that proposed project would not adVersely impact adjacent property. A petition in opposition was received. The Zoning Advisory Commission discussed the request, noting that the issue of the impact of the project on the habitat of the American Bald Eagle involves federal law and the applicant will have to address that issue through the U.S. Fish and Wildlife Service. The Commission reviewed the impact of the project on surrounding property including Eagle Point Park. The impact on existing views from two areas of the park was reviewed, including photos supplied by the applicant. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members April 8, 2003 Page 2 Recommendation By a vote of 4 to 3, the Zoning Advisory Commission recommends that the City Council approve the request, with the condition that the building height not exceed 740 feet above mean sea level. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Eugene Bird, Jr., Chairperson Zoning Advisory Commission Attachments PLANNING APPLICATION FORM City of Dubuque Planning Services Department Dubuque, IA 52001.4~64 Phone: 563-589-4210 Fax: 563-589-4221 [] Variance t--]Conditiona! Use Permit []Special Exception []Limited Setback Waiver []Rezoning I--IPlanned District []Preliminary Plat []Minor Final Rat []Text Amendment []Simple Site Plan []Minor Site Plan [] Major Site Plan [] Major Final Plat []Simpte Subdivision []Annexation []Temporary Use Permit []Certificate of Economic Non-Viability []Certificate of Appropriateness []Other: Plea~e tvoe or print legibly in ink · / Fax Number: ~(~ ~ - ~'~-~ -t~5/ Mobile/Cellular Number: Phone: 56E- ~(.-- ?c/gc./ St~te:~ Zip: 5;20G~ CERTIFICATION: I/we, the undersigned, do hereby certify that: 1. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 2. Fees are not refundable and payment does not guarant~ approval; and 3. All additional required written and graphic materials are attached. Property Owner(s): ,// . z ? Date: ~//~'~/~ Applicant/A**: 7~'S(/ Date: '~ -_.~" 3 - /4/' ~ FOR OFFICE USE ON~Y - APPI TCATzON SUBMTrTAL CHECKuST []Site/sketch plan [] Conceptual Dev~.nt Plan []Photo I--[Plat ~Improvement plans [-1Design review projec~ description [-IFtoor plan I--iOther: Applicant: Stott & Associates/A. J. Spiegel Location: End of Rhomberg Avenue (former Tollbridge Inn Restaurant) Description: To rezone property from C Commercial Recreation District to PUD Planned Unit Development District with a PR Planned Residential zoning designation. Eagle Villa Dubuque, Iowa proposed site and parking plans PLANNED DISTRICT STAFF REPORT Zoning Agenda: April 2, 2003 Project Name:Eagle Villa Property Address:2800 Rhomberg Avenue Property Owner:A. J. Spiegel Applicant:Jon Harvey, Stout & Associate Architects Proposed Land Use: Residential Proposed Zoning: PUD Existing Land Use: Commercial Existing Zoning: Commercial/Recreation Adjacent Land Use: North - Lock & Dam East - Vacant South - Commercial West- Commercial/Parkland Adjacent Zoning: North - R-1 East- CR South - CS West -CPJR-1 Flood Plain: No Total Area: .8 acres Water: Yes Existing Street Access: Yes Storm Sewer: No Sanitary Sewer: Yes Previous Planned District: None. Purpose: The requested PUD zoning is to allow the development of 65 condominium units in an eight-story high-rise residential building. Property History: The subject property was used as the approach and tollbooth for the old Wisconsin Bridge. After its demolition in the 1980s, the Tollbridge Inn Restaurant was constructed and operated until the fall of 2002. A requested rezoning to Planned Residential was recommended for denial by the Zoning Advisory Commission in February 2003. The applicant subsequently withdrew the request from further consideration. Physical Characteristics: The subject property is approximately .8 acre in size with the lot being approximately 50 feet wide and 600 feet in length. The subject parcel served as the approach and tollbooth area for the old Wisconsin Bridge. The subject property abuts the bluff with Eagle Point Park located approximately 150 feet above the property. Conformance with Comprehensive Plan: The 2002 Comprehensive Plan designated the subject property as commercial. Planned District Staff Report - Eagle Villa Page 2 Staff Analysis: Streets: Access to the property will be from Rhomberg Avenue. No changes to Rhomberg Avenue are anticipated. Sidewalks: No additional sidewalks will be constructed as part of this project. Parking: Off-street parking will be provided based on a ratio of 2.5 spaces per unit. Approximately half of the spaces will be provided in a level and a half of underground parking beneath the proposed building, with the remaining off-street parking provided on property adjacent to the subject parcel being requested for rezoning. Access to the outdoor off-street parking will be by way of two stairs/elevator towers that will provide direct access from the parking lot to the building. Lighting: New outdoor lighting shall be required to be 72-degree cutoff luminaries. Signage: None proposed. Bulk Regulations: The setbacks of the proposed structure will be minimal and will be in substantial compliance with the adopted conceptual development plan. Permeable Area (%) & Location (Open Space): The proposed condominium building will be constructed over what is already a totally impermeable site. Minor planting areas may be incorporated into the project but will represent a very small pementage of the site. Landscaping/Screening: None proposed. Phasing of development: None. Impact of Request on: Utilities: Existing water and sewer mains will need to be upgraded as part of this project to serve the proposed residential building. City staff has met with project representatives and the necessary changes to the utilities can be accomplished without significant impact to the project or adjacent properties. Traffic Patterns/Counts: Rhomberg Avenue is classified as a local street. No vehicle counts are available for the north end of Rhomberg; however, south of the Rhomberg Avenue and Hawthorne Street intersection, a count of 4,660 average daily trips was obtained in 2001. In 1977, a vehicle count of 7,870 was recorded. The old Wisconsin bridge was still in operation in 1977. Public Services: Existing public services are adequate to serve the site. Planned Distdct Staff Report - Eagle Villa Page 3 Environment: The proposed seven-story residential structure will change the vistas at the north end of Rhomberg Avenue. There are Federal regulations concerning the impact of new developments on eagles and their habitat. Some background information has been included as part of this packet for the Zoning Advisory Commission's review. Adjacent Properties: The proposed project will impact adjacent property most notably in terms of increasing the volume of traffic going to and from the site and in changing the current view from adjacent property toward the river and the Lock and Dam. CIP Investments: None proposed. Staff Analysis: The applicant is requesting rezoning of the subject parcel from CR Commercial Recreation to PUD Planned Unit Development with a PR Planned Residential Designation. The proposed project includes the construction of a seven- story residential building with 65 condominium units. Parking for 82 cars will be provided in a one and a half story of underground parking area with an additional 85 spaces provided on surface parking immediately east of the proposed residential structure. The subject property is currently zoned CR Commercial Recreation District. The CR district allows for a mix of commercial and recreation uses as the name implies. The district allows a maximum height of 100 feet, except for gas stations and restaurants, which are limited to 40 feet in height. The CR district would allow some structures, such as a hotel, to be built to the same size as the proposed residential structure. The requested Planned Residential District is necessary to allow the development of 80 residential units in one structure. The maximum number of residential units allowed in a structure in the R-4 Multi-Family District is 12 units. The Zoning Ordinance requires a minimum of two acres for a PUD. The applicant received a variance from the Zoning Board of Adjustment to allow a PUD District of .8 acres. The Zoning Board of Adjustment approved the request at their January 23, 2003 meeting, subject to rezoning of the parcel to a Planned Residential District. The proposed residential structure can be served by City water and sewer;, however, both utilities will require upgrades to accommodate the new residential structure. This site is currently served by a six-inch sanitary sewer main, which will need to be upgraded to accommodate the higher flows from a seven-floor condominium development. The existing water main pressure may have to be augmented with booster pumps to provide sufficient pressure to serve the required sprinkler system. The applicant is proposing that 2.5 off-street parking spaces be provided per unit. Approximately half will be provided under the building in covered parking, and the remainder on a surface lot immediately east of the residential structure. Access from the residential structure to the outdoor surface parking will be provided by two Planned District Staff Report - Eagle Villa Page 4 stairs/elevator towers. The outdoor surface parking lot will also provide necessary emergency access for medical and fire crews. The condominium units will generate approximately 381 average vehicle trips. The ITE Trip Generation Report 5th Edition indicated an average rate of 5.86 vehicle trips per dwelling unit on a weekday. This rate was based on 53 trip generation studies from other condominium developments. Planning staff has received a number of questions and inquiries concerning the impact of the proposed residential development on the views from Eagle Point Park. Based on topographical maps, the top of the proposed residential structure at the far north end of the site will still be approximately 50 feet below the base level of the Shires Memorial Pavilion site. The applicant has taken photographs of the area with the aid of a crane to demonstrate the height of the proposed residential structure relative to the surrounding bluffs. Attached to this staff report is information regarding Federal protections for the Bald Eagle and Peregrine Falcon. There are also regulations that protect the habitat of endangered and threatened species. The Federal and State governments are charged with the protection of endangered and threatened species and the applicant is responsible for compliance with those regulations, Attached to this staff report is a draft copy of the PUD Ordinance that includes under "Performance Standards" a requirement that all Federal and State regulations pertaining to endangered and threatened species and their habitat be complied with prior to construction of the project. Planning staff recommends that the Zoning Advisory Commission review Section 3- 5.5(F) that establishes standards for PUD approval, Prepared by: Reviewed: Date: Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th Street Telephone: 589-4210 ORDINANCE NO. -03 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2800 RHOMBERG AVENUE FROM CR COMMERCIAL RECREATION DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code Of Ordinances is hereby amended by amending by reclassifying the hereinafter described property from CR commercial Recreation District to PUD Planned Unit Development District with a PR Planned Residential District designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, with conditions as stated below, to wit: Tollbridge Place, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Pursuant to Iowa Code Section 414.5 (2001), and as an express condition of the 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 the zoning reclassification: Use Regulations. The following regulations shall apply to all uses made of land in the above- described PUD District: 1) Principal permitted uses shall be limited to 65 condominium units and a community center. 2) Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. B= Lot and Bulk Regulations. Development of land in the PUD District shall be regulated as follows: Ordinance No. -03 Page 2 1) The proposed condominium development shall be constructed in substantial compliance with the attached conceptual development plan. 2) Maximum building height shall be limited to 740 feet above mean sea level. C. Performance Standards. The development and maintenance of uses in this PUD District shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following standards: 1) The property owner shall be responsible for securing all required state and federal permits and in compliance with regulations pertaining to the environment and Endangered Species Act. 2) Adequate erosion control shall be provided during all phases of construction. 3) Off-street parking shall be provided as shown on the approved conceptual plan. 4) Storm water control facilities will be installed as per City Engineering requirements. 5) Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance prior to construction of any buildings. D. Open Space and Recreational Areas Open space and landscaping in the PUD District shall be regulated as follows: Those areas not designated on the conceptual development plan shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance by the property owner and/or association. E. Sign Regulations. Signs in the PUD District shall be regulated in accordance with the R-3 sign regulations of the Zoning Ordinance. F. 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 Ordinance No. -03 Page 3 acknowledges awareness of the conditions authorizing the establishment of the district. G. Reclassification of Subject Property. The City of Dubuque, Iowa, may initiate zoning reclassification proceedings to CR Commercial Recreation District in accordance with Section 6 of the Zoning Ordinance if the property owner fails to complete or maintain any of the conditions of this ordinance. H. Modifications. Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. I. 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. 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, A.J. Spiegel, 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:____________ A. J. Spiegel ESA Basics U.S. Fish & Wildlife Service Over 25 years of protecting endangered species ~%m the F~dangered Species Act 0~SA) was passed in 1973, it represented Aum~ica's concern about the decline of rummy w~e species around the world. k~s regarded as one of the most ~omprehansi~e wildlife conservation laws ~q the world. The purpose of the ESA is to conserve "the emsystems upon which endangered and flweatoned species depend" and to conserve and recover listed species. Under the law, species may be listed as either "endangered" or "threatened". Endangered means a species is in danger of extinction throughout all or a significant portion of its range. Threataned means a species is likely to become endangered witNn the f~eseenble future. All species of plants and animals, except pest insects, are d~gible for lisliqg as endangered or tkrentened. As~fAugest 31, 2002, 1,818 spedes are ~ ofwhich 1,260 are U.S. species. The ~ covers mammals, l~wds, reptiles, amphibians, fishes, snails, darndmussel~ rrastaceans, insects, arachnids, and plants. Groups with the most listed species are (in ot~der) plants, mammals, birds, fishes, repales, and dams/mussels. The law is administered by the Interior ~ent's U.S. Fish and Wildlife Service {FWS) and the Commerce Department's National Marine Fisheries Service. The FWS has primary re~ty for terrestrial and freshwater organisms, while the National }~mrine bisheries Service's respm~'flities are mairfly for marine species suwah as salmon and whales. The 1973 Endangered Species Act neplaced earlier laws enacted in 1966 and ~6~, which provided for a list of endangered species but gave them little mear~pm~ The 1973 law has been reanthorbzed seven times and mended on several occasions, most recently in 1988. The Endangered Species Act was due for reauthorization again in 1993, but legislation to reauthotize it has not yet been enacted. The Endangered Species program has continued to receive appropriations while Congress considers reauthorkation, allowing conservation actions for threatened and endangered species to conlinue. The Endangered Species Act is a complex law with a great deal of bdik:m flexibility. Some basics of the law include: Purpose When Congress passed the Endangered Species Act in 1973, it recognized that many of our nation's native plants and animals were in danger of becoming extinct They further expressed that our rich nataral heritage was of "esthetic, ecological, educational, recreational, and scientific value to our Nation and its people." The purposes of the Act are to protect these endangered and threatened species and to provide a means to conserve their ecosystems. Federal Agencies All federal agencies ara to protect species and preserve their habitats. Federal agencies must utilize their authorities to conserve listed spedes and make sure that their actions do notjenpardize the continued existence of listed species. The FWS and the National Marine Fisheries Service work with other agencies to plan or modify federal projects so that they will have minimal impact on listed species and their habitat. Working with States --Section 6 The protection of species is also ac~eved throegh ~:t~ersNpe with the States. Section 6 of the ~aw encourages each State to develop and ma~ta~ cansex~tian programs for cesident federa~y-~sted thceatened and endax~ered Core/Corp. photo species. Federal financial esslstance and a system of incentives are aveilable to attract State participation. Some State taws and regulations am even mom restrictive in grantizqg exceptions or permits than the current ESA. Working with non-Federal landowners, the Service provides financial and technical ass'mtance to landowners to implement management actions on their lands to benefitlisted and nonlisted species. tno~l Involvement The protection of federally listed species on Federal lands is the first priority of the FWS, yet, many species occur partially, extensively or, in some cases, exclusively on private lands. Policies and incentives have been developed to protect private landowners' interests in their lands while enceuraghag them to manage their lands in ways that benefit endangered spec/es. Much of the progress in recovery., of endangered spodes can be attrflmtad to public support and in~olvemenL Species are listed on the basis of "the ~est scientific and commercial data amilable.' Lisl~ngs are made solely on the basis of the species' biological status and threats to its existence. In some instances, a spades whicb closely resembles an endangered or threatened spades is listed due m similarity of appearance. The FWS decides all lL~dnge using sound science and peer r~iew to ensure the accuracy of the best a~mlahle data. The FWS also maintains a list of 'candidate ~ spades. These are species for which the Service has enough hfformation to warrant proposing them for li.qting as endangered or threatened, I~t these species have not yet been proposed for listing. The FWS works w~th States and private partners to carry out conservation actions for rand~rlate species to prevent their further decline and po~ibly eliminate the need to list them as endangered or ~ ~S~tion 4 The law's ultimate goal is to "recover" species so they no longer need Pr~-tion under the Endangered Species Act The law provides for recovery plans to be doveloped ¢~scribing the steps needed to restore a species to health. Appropriate public and private agencies and institutions ami other qualified persons assist in the d~velapment and implementation of ~emvory plans. Involvement of the public and interested 'stakeholders" in development of recovery plans is encmn~ged. Recovery teams may be appointed to develop and implement recovea3j plans. The law requires federal agencies to consult with the Fish and Wildlife Service to ensure that the actions the), a~thorise, fund, or carry out will not jeolmrdize listed species. In the relarive~ few cases where the FWS demrmines the proposed action will jeopard~?~ the species, they must issue a ~biological opirdon~ offering ~reasonable and prudent alternatives' atmut how the proposed action could be modified to avoid jeopardy to listed species. It is a very rare exception where projects are withdrawn or terminated because of jeopardy to alisted species. Critical Habitat --Section 4 The law provides for designation of "critical habitat' for listed species when judged to be "prudent and determinable". Critical habitat includes geographic areas "on which are found these physlcal or biological features essential to the conservation of the species and which may require special management considerations or protection." Critical habitat may include areas not occupied by the species at the time of listing but that are essential to the conservation of the species. Critical habitat designations affect only federal agency actions or federally funded or permitted activities. Imrnatio~al ~ --Section 8 The Endangered Species Act is the law that implements U.S. participation in the Cenvantion on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a 130-nation agreement designed m prevent species from becoming endangered or exlS~ct because of international trade. The law prohibits trade in listed species except under CITES permits. The law provides a pmcoss for exemptSng development projects from the restrictions of the Endangered Spodes Act. This process permits completion of projects that have been determined to jeopardize the survival of a listed species, ff a Cabinet-level "Endangered Species Committee" decides the benefits of the project dearly outweigh the benefits of conserving a species. Since its creation in 1978, the Commitme has only been convened three times to make this decision. Habitat Corem Plans ---Section 10 Ttds provision of the ESA is designed to relieve restrictions on private landowners who want to develop land inhabited by endangered species. Private landowners who develop and implement an approved "habitat conservation plan" providing for conservation of the species can receive an "incidental take permit" that allows their development project to go forward. Definition of "Take" ---Section 9 Section 9 of the Endangered Species Act makes it unla~fful for a person to "take" a listed species. The Act says ~The term take means to harass, harm, pursue, hanh shoot~ wound, kill, trap, capture, or collect or attempt to engage in any such conduct. ~ The Secretary of the Interior, through regulations, defined the term "harm" in this passage as "an act which actually kills er injures wildlife. Such act mayindude significant habitat modification or degradation where it actually kills or injures wildlife by sigrdficantly impairing essential behavioral patterns, including breeding, feeding, or sheltering.~ ~om~lim with O~h~r Law~ The Endangered Species Act is not the only law to protect species of wild mammals, birds, reptiles, amphibians and fishes, dams, snails, insects, spiders, crustaceans, and plants. There are many other laws with enforcement provisions to protect declining populatious of rare spades and their habitat, such es the Marine Mammal Protection Act, the Migratory Bird Treaty ACt, end the Anadromous Fish Conser~vation Act, The Lacey Act makes it a federal crime for any person to import, export, Wansport, sell, receive, acquire, possess, or purchase any fish, wildlife, or plant taken, possessed transported or sold in violation of any Federal, State, foreign or Indian tribal law, treaty, or regulation. For More ]For additional information about threatened and endangered species and current recovery efforts, contact the U.S. Fish and Wildlife Service at the address below. Additional materials and the current U.S. List of Endangered and Threatened Wildlife and Plants is also available over the Inteenet at http onc~ongeced, fws.goz US. Fish & ~lidlik~ Se~ce 44G1 N. FaiCrldX [~ive, R~. ~O /~rlingl~ VA ~20~ h~'Jlendan~emdJws.gou Endangered Species Fact Sheet Bald Eagle Other Protections if Delisted The Bald and Golden Eagle Protection Act ]he Lacey Act The Migratory Bird Treaty Act The bald eagle will continue to be protected by the Bald and Golden Eagle Protection Act if it is delisted under the Endangered Species Act. This law, originally passed in 1940, provides for the protection of the bald eagle and the golden eagle (as amended in 1962) by prohibit- ing the take, possession, sale, purchase, barter, offer to sell, purchase or barter, transport, export or import, of any bald or golden eagle, alive or dead, including any part, nest, or egg, unless allowed by permit (16U.S.C 668(a); 50 CFR 22). "Take" includes pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb (16U.S.C. 688(c); 50 CFR 22.3). The 1972 amendments increased civil penalties for violating provisions of the Act to a maximum fine of $5,000 or one year imprisonment with $10,000 or not more than two years in prison for a second conviction. Felony convictions carry a maximum i'me of $250,000 or two years of imprisonment. The i'me doubles for an organization. Rewards are provided for information leading to arrest and conviction for violation of the Act. Protections provided by The Lacy Act will continue if the bald eagle is delisted. This law, passed in 1900, protects bald eagles by making it a Federal offense to take, possess, transport, sell, import, or export their nests, eggs and parts that are taken in violation of any state, tribal or U.S. law. It also prohibits false records, labels, or identifica- tion of wildlife shipped, prohibits importation of injurious species and prohibits shipment of fish or wildlife in an inhumane manner. Penal- ties include a maximum of five years and $250,000 Fme for felony convictions and a maximum $10,000 l?me for civil violations and $250 for marking violations. Fines double for organizations. Rewards are provided for information leading to arrest and conviction for violation of the Act. The Migratory Bird Treaty Act is a federal law that carries out the United States' commitment to four international conventions with Canada, Japan, Mexico and Russia. Those conventions protect birds that migrate across international borders. The take of all migratory birds, including bald eagles, is governed by the Migratory Bird Treaty Act's regulations. The Migratory Bird Treaty Act (MBTA) prohibits the taking, killing, possession, transpor- tation, and importation of migratory birds, their eggs, parts, and nests except as authorized under a valid permit (50 CFR 21.11). The Migratory Bird Treat Act (cont'd.) Additionally, the MBTA authorizes and directs the Secretary of the Interior to determine if, and by what means, the take of migratory birds should be allowed and to adopt suitable regulations permitting and governing take (for example hunting seasons for ducks and geese): Penalties under the MBTA include a maximum of two years imprison- ment and $250,000 frae for a felony conviction and six months impris- onment or $5,000 frae for a misdemeanor conviction. Fines double if the violator is an organization rather than an individual. The MBTA and its implementing regulations provide authority for the conserea- tion of bald eagles and protect against take ff the Endangered Species Act protections are removed. Peregrine Falcon (Falco peregrinus) The peregrine falcon is one of nature's swiftest and most beautiful birds of prey. Its name eomes from the Latin meaning "foreigner" or 'Yraveler.' This impressive bird has long been noted for its speed, grace, and aerial skills. No~q it is also a symbol of America's recovering threatened and endangered species. Three subspecies of the peregrine falcon ~l~bit North America: the ~,ra~'ican (Falco peregrinus anat~m), Arctic (Fatco peregrinus tundrius), and Peale' s (Falco peregrinus pealei). Peregrine falcons are roughly crow- ~d~ai0~t 15 to 21 inches long--with a wi~imn of about 40 inches. As with re~y raptors, or birds of prey, fenmles z~el~ger than males. Adults have slate blue-gray w~gs and backs barred with bl~k; pale undersides; white faces with a black slxipe on each cheek; and large, ~ eyes~ Younger birds are darker Peregrine falcans live mostly along mom f~ain ranges, river valleys, and coastl'mem Historically, they were most common in parts of the Appal~hian Mountains and nearby valleys from New England south to Georgia, the upper Mississippi River Valle~ and the Rocky Mounf~n~, Peregrines also inhabited mountain ranges and islands along the Pacific Coast from Mexico north to Alaska and in the The peregrine falcon also is found in other parts of the world. Most peregrines from northern Alaska, Canada, and Greenland migrate in the fall to Central and South America. On the way, they efton hunt along the harcier is]ands on the Atlantic z~d Gutf of Mexice coasts. Peregrines that nest seuth of Cenada migrate lesser ~m~es, and some do not migrate at all Peregrine falcons generally rench breeding maturity at 2 years of age. Usuall~ the male m · ives at a nesting sito und begins a series of aerial average clutch of four eggs is laid in the ~la4mg, hat~hlng about a month latch Pe~ngrines vigorously defend their nests, although they may abandon them ig severely or continuously harassed. ql~ne nest is a scrape or depression dug in gravel on a cliff ledge. Rarely, peregrines will nest in a trco cavity or ~m old stick nest. Some peregrines have readRy acecpted manmade strectures as breeding sites. For example, skyscraper ledges, tall towers, and bridges serve as the urban equivalent of a ciiffledge. In 1988,21 nesting pairs of peregrines in various urban areas throughout North America suecessfally Peregrine falcons feed primarily on other birds, such as songbirds, sharebirds, ducks, and--in urban areas--stari~gs and pigeons. Flying high above their intended pre~ peregrines will "stoop" or dive and strt~e in mid-ah; killing the prey with a sharp blow. Scientists estimate the speed of a div~ peregrine to be more ~an 200 miles per heun Peregrine falcons have never been very zbondan~ Studies in the 1930s and 1940s estimated that there were about ~q00 breeding pairs of peregrine falcons in the eastern Ualted States and about L000 pe~rs in the West and Mexico. ~q~m, begianing in the iste 1940s, pe~ngri~e falcons suffered a dev~tating and rapid decline. By the mid-1960s, the species had been eliminated from nearly all of the eastern U.S. Although less severe, the daeline spread west, where peregrine populations were reduced by 80 to 90 percent by the mid-1970s. At that lime, only the populations of Peale's falcons nesf. lng alung the north Pacific Coast in Alaska and British Columbia appeared to be stable~ ~ at the U.S. Fish and W~dllfe Se~wieces Patuxent W~diffe Research Center near Laurel, Maryland, began im~stigating the peregrine's decline. They found unusually h~gh concentrations of the pesticide DDT and its breakdown product DDE in peregrine falcons and other birds of prey. The peregrines accumulated DDT in their tissues by feeding on birds that had eaten DDT-contaminated insects or seeds. The toxic chemical interfered with eggshell formatlom As a result, falcons laid eggs with shells so thin they oi~en broke during incubation or otherwise failed to hatch. Because too few yourg were raised to rep]ace adults that died, peregrine populations declined precipitously, In 1970, the American and Arctic peregrine falcon subspecies were listed as endangered under the Endangered Species Conservation Act of 1969 (the ]aw preceding the Endangered Species Act of 1973), reflecting their cri~cal biological status. Because DDT and other pesticides were not used in the areas where Peale's peregrines live, these falcons declined to a lesser degree and were not listed. In addition, Peale's peregrines were not susceptible to picking up DDT in other areas because they do not migrate and feed largely on nommigratory prey. In 1972, under the authorities granted by the Federal Iasect~de, Fengicide, and Rodenticide Act (FIFRA), the Environmental Protection Agency (EPA) banned DDT for most uses in the U.S. However, DDE residues ace still found in some areas of the country and DDT conl~uues to he used in many Latin American countries where some peregrines and prey spend the winter The Fish and Wildlife Service established peregrine falcon recovery teams composed of Federal, state, and independent biologists to recommend actions necessaryto restore peregrines in the U.S. As part of recovery efferts, scientists at Cernell University successfully bred and raised peregrine falcons in captivi~. Under a cooperative effort among the Fish and Wildlife Service, state wildlife agencies, The Peregrine Fund, Santa Cruz Predatory Bird Research Group, end the Midwestern Peregrine Falcon Resteratlon Project, more than 6,000 American peregrines have been released since 1974. Large-scale reintroductions of peregrines have ceased due to the peregrine's recovery, and re]atively few reintroductions are still raking place in the United States. To release captive-bred peregrines, young birds are placed in specially equipped hexes on tep of a manmade tower or cliff ledge. At ~ the birds are fed through a chute so they cannot sec their human benefactors. When they are old enough, the hexis opened and the young peregrines begin testing their wings. Their food is gradually reduced as the young falcons Iesxn to hunt on their own. This process is known as "hacking." Are~e peregrine falcons declined by as much as 80 percent; however, enough survived the impacts of pesticides that releases of captive-bred young were not necessary. Following EP-~s restrictions on the use of DDT and recovery efforts under the Endangered Species Ar~ Arctic peregrine numbers increased to the point that the subspecies was reclassifiedin 1984 from endangered to the less critical category of threatened. Then, in October 1994, the Fish and Vf~diife Service announced that the Arctic peregrine falcon had ineressed in numbers to the point that this subspecies no longer needed Endangered Species Act protection and could safely he removed from the ~hreatened and endangered species ~ There are now thousands of Arctic peregrines in North America, and the majority of peregrines on the continent belong to this subspecies. Populations of peregrine falcons are now estimated at 1,650 breeding pairs in the U.S. and Canada, with addi~onal birds in Mexice. In August 1999, the Fish end Wildlife Service removed the American peregrine falcon from the list of endangered and threatened species, marking one of the most dramatic successes of the Endangered Species Ach The protection afforded by the Endangered Species Act, EP~s use of their authorities under FIFRA to severely restrict the use of DD~ and the reintroduction of captive-bred chicks have rescued the peregrine falcon from extinctlom A cleaner environment and the success of cooperative recovery efforts provide great promise of a bright future for the peregrine falconin North America~ U.S. Fish & Wildlife Service 1 800/344 WiLD hitp://www, fws.gov September 1999 Federal Register/Vol. 66, No. 188/Thursday, September 27, 2001/Notices 49395 ~snse consideration of comments in FDA's preparation of a final ~ddance. Two copies of any comments are to be s~bmitted, except innividnals may ~hmit ~ne copy. Comments should be identified with the dnsket number found in the brackets in the heading of this document. A copy of the document and tecoived comments are available for public e~mluation in the Dockets M~§ement Branch between 9 a.m. and 4 p.m., Monday through Friday. ~I. Elech-onlc Ar~cess Persons with accose to the internet may obtain the document at either http:/ t~x~v_fda.gov/cber/guldellnes.htm or hitp-~lwww.fda.§ovlohnms/dockets/ defaulchtm. Deled: $ept~mbe~ 21, 2001. ~ie Commlssionerfar Policy, [FR l~oc. 01-24181 Filed 9-26-01; 8:45 ami DEPARTMENT OF HEALTH AND HU6M, N SERVICES ~ Abuse a~d Mental Health Se~'icas Administration Ce~for fer I~ntal Health Services; Nol~e of Meeting Pm, stmut to Pablin Law 92~t63, noiico is hereby given of a Telephone C(mference Call meeting of the Center for Mantel Health Services (CMHS) N~i~-d Advisery Council in S~I~ThTbet 2001- meeting will include the review, ~on and evaluation of innividual grant applications. Therefore the mee~ug will be closed to the public as determined by the Administrator, SPJt~IHSA, in accordance with Title 5 US.C. 552b[c)[6) and 5 U.S.C. App. 2, Section lO(d). Substantive prngram information, a ~mraary of the meeting and a roster of ~ members may be obtained from the contact listed below. Commf~ee Name: Center for Mental Health Sm'vices National Advisory Co~nett_ Mee~ng Date: September 24, 2001 [C~osed). Time: 3 p.m.-i:30 p.m. Pliers): Perklawn Building, 5600 Fishers Lane, Conferonce Room 17-94, Rockville, Maryland 20857. C~ntacf: F. fleen S. Pensinger, M.lgd., ~ Fishers Lane, Parklawn Building, R~om 17C-27, gockville, Maryland 20657, Talsphoue: [301) 443-4623. This notice is being published less th~m 15 days prior to the meeting due to the urgent need to meet timing lira/rations imposed by the rev/ew and funning cycle. Dated: September 21, 2001, Teiau Vau~lm, [FR Doc. 01-24257 Filed 9-2~-0t; 8:45 ami DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Proposed Monitoring Plan for American Peregrine Falcons in the United States A~CY: Fish and Wildlife Service, Interior. AC~ON: Notice; reopenin§ of comment period. SUMMARY: We, the U.S. Fish and Wildlife Service (Service}, provide notice that the public comment period is reopened for the Ih~oposed Monitoring Plan (Plan) for American peregrine falcons in the United States. We are reoperdng the comment period for an adnitional 30 days to provide adnitional time for interested parties to submit written comments on the Plan. OAT~S: The comment period, which originally closed on August 50, 2001, now closes on October 29, Z001. ADOm~SS~: Written comments and other imformation concerning the pmpesed American peregrine falcon monitoring plan should be sent to Robert Mesta, Soneran Joint Venture Coordinator, Office of Migratory Birds, U.S. Fish and Wildlife Servlce, 12661 E. Broadway Blvd., Tucson, Arizona 65748 (facsimile (520) 258-7238, phone (520) 258--7227}. Comments and materials received will be available for public inspection, by appoinbnent, during normal business hours at the above address. A copy of the pmpcaed Plan is available upon request from Rober[ Meeta at (520) 258-7227, or the Chief, Division of Corm'~_ltation, Habitat Conservation P]~uu~u§, Recovery, and State Grants at (703) 358-2(~1. The proposed Plan is also available through the interact at endan~ered.fws.~ov/recovery/docs/ pere~rlne~monitoring.pdf. Back. curtal Section 4[§)(1) of the Endsn§ered Species Ac~ of 1973, as amended (16 U.S.C. 1531 etseq.) (ESA), requiree that we implement a system, in cooperation with the States, to effectively monitor for not less than 5 years, the status of all species that have been recovered and removed from the List of Endangered and Thseataned Species. Following its recovery, the American peregrine falcon was removed from the List of Endangered and Tkrcatened Species on August 25, 1999. On July 31, 2001, the Service published a Notice of availability for the proposed monitoring plan that announced a 30-day public comment period [66 FR 39523). In o~ler to meet the ESA's monltodng reqniroment and to facilitate the efficient collection of data, a sampling method capable of assessing the population status of the American peregrine falcon (Falco pere~rinus ann/mm} will be implemented. The proposed plan was developed in cooperation wlth State resource agencies, recovery team members, and interested scientists, and will be carried out in collaboration with Federal, State, and private cooperators. implementation of the Plan will hewn in the spring of 2002. Surveys will be conducted every 3 years for a total of 5 sur~ys. Monitoring will include the collection of information on the population trend and nesting success. At the end of each trianmial monitoring period, we will review all available information to detmunine the status of the American peregrine falcon. Pursuant to 50 CFR 424.16{c)(2}, the Sendco may extend or reopen a comment period upon finding that there is good cause to do so. Full participation o~the affected public in the review of the Plan is deemed as sufficient cause. Pablic Comments Solicited The previous comment period on this proposal closed on August 30, 2001. With the publication of this notice, we reopen the public comment period. Written comments may now be submitted until October 29, 2001, to the Service office in the AD0~iSSE$ section. Autherit~ The authotity for this action is the Endangered Species Act of 1973, as amended [16 U.S.C. 1531 etseq.). Dated: September 12, 2001. ActfngD/recior. ~ Doc. 01-24124 F'~led 9-26-01; 8:45 mn] How States Classify Their Peregrine Populations August 1999 Hawaii U.S. Virgin Islands Endangera¢ NO nestin~ pairs in state Other designations (Alaska: Species of Concern, Mary/and: Critically Impaired, New Mexico; Threatened) PRESIDENT MARK KAUFMAN 1st VICE PRESIDENT BILL KEMP 2nd VICE PRESIDENT P.O. Box 645 DUBUQUE, IOWA 52004-0645 March 18, 2003 Mayor and City Council City of Dubuque City Hall 50 West 13th St Dubuque, IA 52001 RE: A. J. Spiegel - Eagle Point Condominium Development Dear Mayor and City Council Persons: The Dubuque County Conservation Society Board of Directors at its March 12, 2003 meeting directed this letter be sent to you. We join with the Dubuque Audubon Society in opposing the proposed development for the reasons already expressed by them. We also concur with the Dubuque Zoning Commission's prior action ia this matter to date. We are concermed about the adverse effect the development would have on the natural habitat and natural aesthetics of the area. We are also very concerned about the risk to migratory birds, including the eagles, which the large area of windows would cause. We believe the extensive amount of glass along the bluff, with resultimg reflections, would be a substantial danger to birds, particular eagles which frequent the area during the wintertime and to other migrating birds in the fall and spring. Unless the size of the project is reduced substantially and ~precautions taken to reduce the risk to eagles and other birds, we believe the proposed development is not compatible with the area and should not be authorized. Finally, we believe the prior use of the area seemed to be compatible with the natural environment. Some further development, albeit om a very moderate scale, Mayor and City Council City of Dubuque Page 2 March 18, 2003 could be done in such a way as to reduce substantially the current environmental negatives of the project. Ranol Weigel, President of the Dubuque County Conservation Society cc: City Desk Telegraph Herald cc: Brian Preston, Secretary Dubuque County Conservation Society Greetings, 3-12-03 I a writing in regards to the proposed condo's below Eagle Point Park, at the end of Rhomberg Ave. Recently I was in the area of Marquette, Iowa where the gambling boat is on the bluff, I think it may be a resturant, to see that building, speaks for itself, totally dsturbing the landscape. So, in my opinion, I believe we would regret allowing the condo idea to go any further. Thanks Louie Fischer To the zoning commission 3/26/2003 we want to express our opinion concerning the proposed condominum at the end of Rhomberg Ave. We live at the Eagle Point Apartments. There is already too much traffic in this neighborhood. We are people who love walking outdoors. It is difficult at times now to cross Rhomberg on foot becasue the traffic. If the proposed condominium is built, when there are long freight trains crossing Hawthorne there will be that much more traffic on Rhomberg. Since we are outdoor people we are also concerned about the impact on Eagle Point Park & the Bald Eagle. If the building is taller than the bluff then it would detract from the view at the park (over) Dubuque needs places where one can go & not see buildings (civilizaiton) and just enjoy nature (God's beauty) We also need to ensure that the Bald Eagle is not jeopardized here. Sincerely, Vera Louise Tippe & John Tippe // //