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
// //