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Zoning chg Key Gate Ctr Concretplanning Services Department City Hall 50 West 13th Street Dubuque, Iowa 520014864 (563) 58%4210 office (563) 589-4221 fax (563) 690-6678 TDD plarming@cityo£dubuque.org December 3, 2003 RE: Rezoning Applicant: Location: Description: The Honorable Mayor and City Council Members City of Dubuque 50 W 13th Street City Hall - Dubuque IA 52001 .._ C: Dan Mueller (tabled) Southeast of Highway 52 South and Highways 61/'151 Intersection To rezone property from C-3 General Commercial District to MHI Modified Heavy Industrial District. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The application, staff report and related materials are attached for your review. Discussion The applicant spoke in favor of the request, reviewing the proposed rezoning and operation of the proposed Apex Concrete batch mix plant. The applicant reviewed how dust, noise and access would be handled to mitigate impact to adjacent property owners. The applicant presented letters and petitions in support of the rezoning. Staff reviewed the history of the zoning requests for the site and availability of City utilities. Staff also noted storm water detention would be required as part of any new development on the site. There were several public comments from surrounding residents in opposition to the rezoning request, citing negative impacts on traffic safety, noise and dust. Several people spoke in opposition, stating that the batch plant will negatively impact this entryway into the city. Letters and petitions were presented in opposition to the rezoning. (None of those in opposition own property within 200 feet of the proposed rezoning.) The Zoning Advisory Commission discussed the request, reviewing allowed uses in the MHI District and specific details concerning the operation of the proposed concrete S~rv/ce People Integrity Responsibility hmovation Temaawork The Honorable Mayor and City Council Members December 3, 2003 Page 2 batch mix plant. The Commission discussed specific conditions to mitigate potential adverse impacts associated with the proposed land use. Recommendation By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City Council approve the request subject to the following conditions: a) Eliminate MHI Distdct permitted uses number 42, 43, 45, 46, 47, 48 50, 52 and 53 and add concrete batch mix plant. b) Install six (6) foot high chain link fence along west property from entrance to point where topography drops off. c) Plant arborvitae screening adjacent to mobile home park. Arborvitae shall be between three and four feet tall at planting, and be spaced four feet apart. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Eugene Bird, Jr., Chairperson Zoning Advisory Commission Attachments cc: Mike Koch, Public Works Director SERVICES DEPT / / [] Variance ~]Condrdonal Use Permit I-lspecial ~e~on ~U~ S~k Wai~r PLANNING APPLICATION FORM ~p;ezoning l'~Slmpie Site l~an anned D~trict [~MInor ~te Plan ~Pre~iminar~ Pla: Minor Flnal P~at ~ Major Sil:e Ptan Major Rnal [~Text Amendment i-]Simple Subdivision Please tyne or mint leaibty in Prope~.7 owner(s): .. i- Ob/of Dubuque Planning Services Department Dubuque, ZA Phone: 563-589-4210 Fax: 563-~89-422! Fax Number: Applicant/Agent: Address:.. Mobile/Cellular Number: ~-'/~3 -~<"?~- :~'-_~ ? Phone: ~-~ -T -~.~-~'~ ~ oo~ ? Fax Number: 2. ~ are ~ ~a~e and ~e~ ~ ~t g~ appr~al; ~ N PC C-3 PR Re, ised 8/26/03 Proposed Area to be Rezoned Applicant: Dan Mueller Location: Southeast of Highway 52 South and Highways 61/151 I ntersection Description: To' rezone property from C-3 General Commercial District to MHI Modified Heavy Industrial District. i to be Rezoned J Dubuque Southgate Investments Ltd. 590 Samuel Street Dubuque, Iowa 52003 Dubuque Zoning Board of Adjustment City Hall 50 West 13t~ Street Dubuque, Iowa 52001-4864 Date: 24 Nov., 2003 RE: Rezonlng Request of Lot 1 of Key Gate Center//2 Dear Zoning Board Members: Please f'md attached a list of signatures of people that are in support of the requested rezonlng. Within the list of names provided you will find names that are both on this list in support of the rezoning request, and also appear on the list opposed to the request. Some are residents near m the proposed site, and others are not, just as in the list provided by those opposed. We have determined that when the details of the design of the Apex plant are explained and it is shown how the plant will appear, many of those opposed willingly change their position on this project. Our list is not as extensive as that provided by those opposed only because we have limited our efforts to collect such signatures. What appears more important and more valid is addressing concerns at the Board meeting where all can hear. In addition to the door to door visits where we did not learn of any concerns that have not previously been expressed, APEX offered to any interested person the opportunity to visit the Bard Concrete Plant in Dyersville to see in person how a modern batch plant looks and functions. At the Board meeting you will hear personally fi'om some people who have taken this opportunity. At the 3 December Board Meeting we will show how provisions within this project address the concerns about the proposed existence ora concrete batch plant at this location. We will show how visual and sound barriers will be provided for the residents of the Mobile Home Park. APEX will review all environmental concerns and provide environmental experts to answer any questions. APEX will show how dust is controlled within the BARD plant in Dyersville so it is neither a problem to the cleanliness of the surrounding neighbors nor to the health of residents in the community and would not be at this site. We will show what additional provisions are planned to aid with traffic concerns and show the projected impact that it will have to the traffic at the intersection. Finally, we will show how the Plant will appear to the community and to visitors to the community. APEX Concrete is a very well respected business in Dubuque that wishes to re-locate and grow in Dubuque. They are very civic minded and want to be a good neighbor to the residents of the area. I am confident that should this project be approved and once this Plant is in operation, all will agree that this site is a good location for their business re-location within the City of Dubuque. Sincerely yours, Daniel J. Mueller, Dubuque Southgate Investments Ltd. Kyle L. Kritz, Associate Planner, Planning Services Jeanne Schneider, City Clerk Demuis Thief, APEX Concrete Dubuque Southgate Investments Ltd. 590 Samuel Street Dubuque, Iowa 52003 Dubuque Zoning Board of Adjustment City Hall 50 West 13a Sweet Dubuque, Iowa 52001-4864 Date: 28 Oct., 2003 RE: Rezoning Request of Lot 1 of Key Gate Center #2 Dear Zoning Board Members: Dubuque Southgate Investments Ltd. hereby gives notice to the Zoning Board and Dubuque City Planning and Zoning Dept. that this re-zoning request is for the explicit purpose of fulfilling the obligation oftbe Seller as per a signed purchase agreement for which Lot 1 of Key Gate Center # 2, consisting of 10 acres, more or less, is to be sold to APEX Concrete. APEX Concrete's required need for the MHI zoning is to permit the construction and operation of a concrete ready mix batch plant on this site. To provide assurance to the City and all concerned residents and businesses near the site both Dubuque Southgate Investments Ltd., the Seller. and APEX Concrete, the contracted Buyer, are willing to accept a condition whereby the only approved use in the area requested for MHI zoning would be that as required for a concrete batch plant or plant for which concrete or produce from concrete is produced. If in addition. APEX Concrete, the Buyer, is willing to have an additienal restriction whereby in the future if the operation of the concrete batch Plant would no longer continue, that the property will have only those approved uses as are for a C-3 commercial District. Only those businesses listed among the existing 66 approved in a C~3 District would be allowed. By this restriction APEX Concrete accepts that no other M-HI District uses could be started upon this property should the Ready-Mix concrete batching operations no longer exist. This restriction would go with the property should the property change owners in the future. We understand the concerns that the Community has for the potential that other more intensive uses could come should APEX Concrete no longer be the owner. The Buyer and Seller are thereby willing to provide this assurance to the City and the Community that this would not happen by way of the above restrictions. Please consider these restrictions as a part of this re- zoning request. Daniel (..~ueller, Dubuque Southgate Investments Ltd. cc: Kyle L. Kritz, Associate Planner. Planning Services Jeanne Schneider, City Clerk Dennis Tkier, APEX Concrete Dubuque Zoning Board of Adjustment City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 Date: I Nov. 2003 RE: Rezoning Request of Lot 1 of Key Gate Center 4/2 Dear Zoning Board Members: I have reviewed the proposed plans for the APEX Concrete Batch Plant planned for construction upon Lot 1 of Key Gate Center # 2 with the applicant. I was offered the oppommity to visit the Plant in Dyersville to understand what is planned for this site and to see its operation. As proposed, I have no objection to the re-zoning change requested ~om C-3 General Commercial to MHI Modified Heavy Industrial as proposed. Sincerely yours, 45 Jones Street Dubuque, IA 52004-0209 (553) 58:2-1208 TO: Dubuque Zoning Committee RE: Response to comments (letter) from Gary Cavanagh CITY OF DUBUQUE PLANNING SERVICES DEPARTMENT Fly Ash It is the policy efBARD and APEX Concrete to incorporate Pollution Prevention Controls into all operational aspects of our business. Pollution Prevention Controls allows us to identify areas, processes, and activities, which may create excessive waste products or pollutants. We can then reduce or prevent them throngh engineering, processes, or eliminating a process. In other words, we operate our plants in a manner where the materials we use never get to where they can cause harm. Keep in mind that cement and fly ash are not b~7~rdous materials according to the U.S. Environmental Protection Agency therefore are not "toxic" items. The attached Material Safety Data Sheet will aid you if you have any fly ash concerns. The new BARD Dyersville plant (which the new APEX plant will be modeled after) is regularly maintained and has a highly engmeered c~nhal dust collection system that allows us to far exceed the requirements established bythe Iowa Department of Natural Resources Air Quality Bureau for ready mixed concrete plants. We understand that people would not want to breathe cement or fly ash, which is exactly why we take the ~ measures to keep those materials where they belong - in the concrete we produce. We do not know of any scientific proof to support the negative notions Mr. Cavanagh has ab.out cement and fly ash unless we discharged the material in large quantities. It is in our econunnc best interest to prevent any loss of a product that we have already paid for, so it pays for us to no~ release our martials. Dust Factor We maintain our plants to meet the requirements of the U.S. Occupational Health and Safety Administration (OSHA) and the state OSHA (IOSH) for employee safety and health. We at BARD/APEX Concrete place very highly the well-being of our ~aff, making ante that they are provided with an envttonmantally safe place to work. Subsequently, this standard assures the health and quality of life for our neighbors us well. We are sensitive to the fact that there may be vulnerable populations (the yo-ng and the elderly) in our coerununity. As an integral part ofthe community, we accept our reeponsibitity to prevent dust and all types ofpolhition. Our design inco~mting a self enclosed holding facility helps ensure again~ yOUr dust concerns. Our compliance history lands credence to our claim of commitment and a willinEness to continue to operate environmentally conscious in our community. ~Note: In reference to Mr. Cavanagh 's reference ora complaint at the current APEX plant at Jones Street in Dubuque - according to Mr. Clark Oct, Environmental Specialist Senior qf the Environmental Protection Division of the Department of Natural Resources located in Manchester Iowa, they have no record of any complaints on APEX Concrete.) Water Pollution The water used to produce concrete and to wash our tracks is all contained on site. Any water released off site meets all or the requirements of our National Pollution Discharge Elimination System (NPDES) permit issued by the Iowa Depamuent of Natural Resources Water Quality Bureau. We only discharge when we have assured that the water to be discharged meets the requirements of the permit. We appreciate the concern and are aware of the responsibilities of approved discharge water as it might relate to Grainger and Catfish Creek, as tt ts our duty to also help protec~ this natural resource. CLOSING COMMENTS: Many costly efforts have been incorporated in the Dyersville plant to ensure that the plant is as self contained as feasibly possible to ensure that we are a good and environmentally friendly neighbor. There are many ready mLx plants across the commy. The health (as well as the safety) aspects of these businesses have been scmtlnized by many governmental organizations. Their results have shown that the marly mix industry concerns are minimal as they have implemented suggestions (such as eeetxal dust collection systems) and moved on to other industries for their investigations into environmental and health concerns. Being a ready mix employee is a respected profession and the industry has no health epidemics as Mr. Cavanagh would lead you to believe would surely happen to employees. Common sense and proper management of materials and products as in any business or industry keeps from these types of concerns occurring, especially by companies that are as proactive in responding to health and safety concerns as APEX and BARD Concrete is. David Gibbs Safety and Environmental Director BARD/APEX Concrete Dennis Thier President BARD/APEX Concrete Mdletlal Sat~Y Data S~eet Count11 mae~ JanuacT 7, 1999. ~'~e~ed by Sale as manufacturer belov, Por~ ~eel 2, 3 &4;Louls~; Riverside ~,ddzu6a (~_[~) 277-7509 , , , Daven~,rc. ZA 52803. II---~.--' ,,m Aluminum 0~id~ (A1203) 20 ~ ,,. ~n n~i~a,(~e203) ~ S ........... Calcium Oxide (OEO) 24~8 ~.~asnesiul O~/de ~50) Less than IOZ By weight, variable F,I?.~ powder. Norm~l,l~r..,~an in cOlOr. N& NA NA No pd~r. FMmma~u ., [Lei Nonflammable NA turn NA rc~s ~ o_z.. _-.-:-~ ,, _lqa4'Plt'acory,a~J~tcnca, ~tk.'tn ~.'ash. . ColXccc spilled !fy aah vl~h shovel and lace in a clean dr conczlner. / Fly ash is hoc ce UlaCed as a hazardous vance the U.S, E . Land~ill in accordance vi local ac ted ~ December 3, 200:3 GreaterDubuque Why does APEX want to Move? City Development of Harbor Area · City Restriction on Upgrade or Expansion Existing Plant is Old and Outdated Continued Compliance EPA regulation Growth and Expansion in Dubuque Greater~buque GreaterDub~ What's has Changed -C-3 property requesting MHI zoning · MHI area is reduced 50% (5 acres) · C-3 buffer zone is defined -225' to the west, 205' to the north -Plant can not be moved beyond MHI zone · Restricted use of MHI zone -Only ONE MHI use (Batch plant operations) -Other uses restricted to C-3 approved uses -NO risk of other MHI business starting up if APEX plant were closed Additional Changes Planned Hwy 52 Turn Lane Extension - 150 ft full width lane extension allowing immediate access for slow trucks - West bound traffic will be able to pass Grea~rDub~qa~ IDOT Confirmed Access = Hwy 52 access is being moved 70 ft. east "Seeing is Believing" Greaterl~t~q~e ' SHOW ME' Show a Representation of the Plant on Site Show Barrier and Screening Abutting the Table Mound Mobile Home Park Show Dust Collection System Operation Hear from those who have visited the Dyersville Plant Hear from Experts on Environmental Impact "Concrete Batching Process" · Batching - combining and mixing - "MOST Controlled Process" - Contained Process · In Ground Storage Bins & Conveyer · Enclosed Batching Equipment - Dust Collection when Loading - Recycled / Reused wash off water - Recycling of Unused Materials Greate~Dubaqa~ BARD Plant in Dyersville APEX Control Room A clean and professionally run operation Grea~erl~u~lu~ Greaterl~.,buqu~ Loading Area (Inside the Plant) Batch Loading is Observed Greater~buq~ Dust Collector System (unaffected by the wind) GreaterD~uq~ Contained Process GreaterDubuqu~ Aggregate Conveyor (Containment covers) The Underground Bin Area (Dust Control with Noise Barrier) GreaterD~b~q~ Aggregate Handling GraaterDubuq~ What will this LOOK like? GreaterDubuque Current View from Jacobs Street Greaterl)ubuq~e Barrier and Screening Planned View from Highway Intersection Greaterl)ub~lu~ View with APEX Concrete Plant and Projected Shopping Center Greater~,que Gateway View Planned Turn Lane Extension IDOT Approved Class "B" Access Access was granted this property over 15 yrs. ago (1987) Class "B" - access allows up to i50 vehicles/hr Right of Access to Hwy 52 will remain regardless if this zoning is approved Advantages of APEX Current C-3 Zoning has 66 approved uses - Most w/no restriction on operating hrs. - APEX normal hrs 7-5 (M-F), 7-12 (S) · i0 acre site - APEX would be a single user Peak estimated APEX vehicle traffic - 15 vehicles / hr~ - Multiple businesses would create more traffic Grea~er~l)ubaq~Je Intersection Traffic Impact Accidents reported per IDOT - 6 year Average ~ - 0.62 Accidents / Million Vehicles JFK and Pennsylvania rate is 1.07/million · per Bill Schlickman of Dubuque Traffic Dept. Latest traffic count at Bellevue intersection 15,700 / day - Hwy 61 / 151 7,700 / day = Hwy 52 / 67 For 8,541,000 vehicles per year Greater~Baq~ APEX Traffic Impact Less than 1/2 % N~ ,rmal traffic growth is considered 3%/yr Vehicle Common Road Dust · A just concern? 8,541,000 veh / yr at hwy speed 15 slow moving trucks per hour · Paved lot · Paved access road · Paved highway Abutting Residential Property Owner Clyde Mihalakis (south and east of site) - No Objection to Rezoning Request for APEX Concrete plant GreaterD~,b~q~ Only concern: Storm Water is controlled · Comply with City Storm Water Management Regulations Retention is Included in APEX Preliminary Plan Why Approve this Request? "State of the Art" Plant Good Appearance (mostly hidden) Sound Barriers and Buffer Zones Provided Low Traffic Impact Single Site User Normal Working Hours Voluntary Move for Harbor Development Will Provide City Tax Revenues Provides Needed Product for Growing Area minute video of bycrsvill¢ Plant Greateri)u~u~ F~w~ CRE;k Ho~;s, hd. Since~y~ Fred W'dliams Owner Farm Creek Homes and ,?roles BARD Concrete Dyersville Plant Visit I have visited the BARD Concrete batch plant in Dyemville, IA. During this visit I saw the outside, and inside of the Plant. The operations were explained to me and I was permitted to asked any questions about how this plant compared ts the planned facility that APEX Concrete would construct on the Dubuque Southgate Property East of the Table Mound Mobile Home Park should the re-zoning be approved. I saw a truck being loaded with concrete and I experienced the noise from within the Plant and at a distance of 250 fL from the plant. I saw the dust collection system and saw it work. Below am my comments: Name Address Comments 2-4Nov. 2003 We the undersigned agree that the beautification of the downtown and the harbor area is important to the city of Dubuque and its future growth. Apex Concrete recognizing that its facility there is old and om-dated, wishes to voluntarily close it to allow for harbor development. Apex Concrete's voluntarily seeking out an appropriate location is beneficial to all of Dubuque. The purposed rezoning request for Dubuque Southgate's lot 1 of Key Gate Center No. 2, is necessary to permit Apex Concrete to relocate and construct a new state of the art facility. Having been shown what Apex has planned and understanding that this system will meet EPA requirements, the site will be fully paved, and sound and visual barriers will be constructed, we the undersigned also agree that the rezoning of Dubuque South~ate's lot 1 of Key Gate Center No. 2 should be changed t~om C-3 General Commercial to MI-II, Modified Heavy Industriak to accommodate Apex. In recognition of the remoteness ofthi.~ property we also believe a blend of commercial, residentiak and modified heavy industrial (Apex Concrete) can exist here in harmony. Signature Address 2-4 Nov. 2003 We the undemigned agree that the beautification of the downtown and the harbor area is important to the city of Dubuque and its future growth. Apex Concrete recognizing that its facility there is old and out-dated, wishes to voluntarily close it to allow for harbor development. Apex Concrete's voluntarily seeking out an appropriate location is beneficial to all of Dubuque. The purposed rezoning request for Dubuque Southgate's lot 1 of Key Gate Center No. 2, is necessary to permit Apex Concrete to relocate and construct a new s~ate of the art facility. Having been shown what Apex has planned and understanding that this system will meet EPA requirements, the site will be fully paved, and sound and visual barriers will be constructed, we the undersigned also agree that the rezoning of Dubuque Southgate's lot 1 of Key Gate Center No. 2 should be changed from C-3 General Commercial to MI-II, Modified Heavy Industrial, to accommodate Apex. In recognition of the remoteness of this property we also believe a blend of commercial, residential, and modified heavy industrial'(Apex Concrete) can exist here in harmony. Signature Address 3-4 Nov. 2003 We the undersigned agree that the beautification of the downtown and the harbor area is important to the city of Dubuque and its future growth, Apex Concrete recognizing that its facility there is old aud out-dated, wishes to voluntarily close it to allow for harbor development. Apex Concrete's voluntarily seeking out an appropriate location is beneficial to all of Dubuque. The purposed rezoning request for Dubuque Southgate's lot 1 of Key Gate Center No. 2, is necessary to permit Apex Concrete to relocate and construct a new state of the art facility. Having been shown what Apex has planned and understanding that this system will meet EPA requirements, the site will be fully paved, and sound and visual barriers will be constructed, we the undersigned also agree that the rezoning of Dubuque Southgate's lot 1 o£Key Gate Center No. 2 should be changed ~om C-3 General Commercial to MI-II, Modified Heavy Industrial, to accommodate Apex. In recognition of the remoteness of this property we also believe a blend o£eommercial, residential, and modified heavy industrial (Apex Concrete) eau exist here in harmony. Address 2-4 Nov. 2003 We the undersigned agree that the beautification of the downtown and the harbor area is important to the city of Dubuque and its future growth. Apex Concrete recognizing that its facility there is old and om-dated, wishes to voluntarily close it to allow for harbor development. Apex Concrete's voluntarily seeking out an appropriate location is beneficial to all of]Dubuque. The purposed rezoning request for Dubuque Southgate's lot 1 of Key Gate Center No. 2, is necessary to permit Apex Concrete to relocate and construct a new state of the art facility. Having been shown what Apex has plarmed and understanding that this system will meet EPA requirements, the site will be fully paved, and sound and visual barriers will be comtructed, we the undersigned also agree that the rezoning of Dubuque Southgate's lot 1 of Key Gate Center No. 2 should be changed fxom C-3 General Commercial to MI]I, Modified Heavy Industrial, to accommodate Apex. In recognition of the remoteness of this property we also believe a blend of commercial, residential, and modified heavy industrial (Apex Concrete) can exist here in harmony. ~ . Si~lnature Address We the undersigned agree that the beautification of the downtown and the harbor area is important to the city of Dubuque and its future growth. Apex Concrete recosni:fing that its facility there is old and out-dated, wishes to voluntarily close it to allow for harbor development. Apex Concrete's voluntarily seeking out an appropriate location is beneficial to all of Dubuqne. The purposed ~,zoaing request for Dubuque Southgate's lot 1 of Key Gate Center No_ 2, is necessary to permit Apex Concrete to relocate and construct a new state of the art facility. Having been shown what Apex has planned and understanding that this system will meet EPA requirements, the site will be fully paved, and sound and visual barriers will be constructed, we the undersigned also agree that the rezoning of Dubuque Southgate's lot I of Key Gate Center No. 2 should be changed bom C-3 General Commercial to MI-II, Mofftfied Heavy Industrial, to accommodate Apex. In recognition of the remoteness of this property we also believe a blend of commercial, residential, and modified heavy industrial (Apex Concrete)can exist here in harmony. 1 2 3 4 5 6 7 Address 10 11 12 13 14 15 16 17 18 19 20 We the undersigned agree that the beautification of the downtown and the harbor area is important to the city of Dubuque and its future growtl~ Apex Concrete recognizing that its facility there is old and out-dated, wishes to voluntarily close it to allow for harbor development. Apex Concrete's voluntarily seeking out an appropriate location is beneficial to all of Dubuque. The purposed rezoning request for Dubuque Southgate's lot 1 of Key Gate Center No. 2, is necessary to permit Apex Concrete to relocate and construct a new state of the art facility. Having been shown what Apex has planned and understanding that this system will meet EPA requirements, the site will be fully paved, and sound and visual barriers will be constructed, we the undersigned also agree that the rezoning of Dubuqne Southgate's lot 1 of Key Gate Center No. 2 should be changed tiom C-3 General Commercial to MHI, Modified Heavy Industrial, to accommodate Apex. In recognition of the remoteness of this property we also believe a blend of commercial, residential, and modified heavy industrial (Apex Concrete) can exist here in harmony. Addres,s NOV 2 5 2~?, We Ihe undersigned 8gree tirol the I)eouttfication o£ti~e do~lown ~ N ~ ' uE im~anl lo tie elly orDubuq~m m~d Us rulme gmS. A~x Co~ ~t~f~~PARTMENT its Facilily Ihere IS o~ ~d oul-dnl~l, wishes to vol~t~ily c~ it t ~b~' de~topmenL A~x Concrete's vuhml~ily s~ki~g out ~ appmp~te lo~t~n ~ ~sleficial lo ail orDu~que./l'l~c pur~ ~e~nlng r~ue~ For Du~que Southgate's ~ I ur Key ~a[e Center No. 2. is neces~ 1o ~m~t A~x Concrete [o mlo~te ~ " construct a ~w slate orthe ~t fiicil~ly. I iavin~ ~n s~ wl~t A~x ~ p~ ~ ' understanding t~t thls system will meet EPA mq~r~ents, t~ site will ~ Fully ~, ' and sound m~ vlsml ~rle~s will I~ cm~strucl~, ~ the ~d~slg~ aim a~ce t~t ~ ~b~ or Du~que Southgnle's lot 1 orKex Onte ~nter No. 2 slmuld ~ c~ ~m C-30e*mral Co~rclnl to Mt II. Mudi~ 1 [ea~ l~ustrial, to ~co~te A~ In ~entJal, m~d n~di~ed I~nvy indostriai (ADex Ce~ete) c~ exb{ here ~ I~ny. Address We Ihe undersigned agree Ihal Ibc beautification of the downtown and lite I rbo~' a~ea importaul to the clty orDubuqne and ils fulze graph. A~x Concreto rec{ ~m' its facility tbere 15 old and Gui-dated, wishes to vol~t~ily clos~ it.to allow. develo~menL A~x Concrete. voluntmily seekhtg out ~ app~pmt~ Io~hon ~neficial to all of Dubuque. The purposed rezonlng request for Dubuqu~ 8outhgate's lot · ' · ennit A ex Concrete to relo~te ~d I of Key Gate Center No. 2, ~s nece~s~y to p . ~e . ,. , _ , .... a .~ construct a new stale of the mt a~cillly, llavlng ~en sno~ what a~x ~s pmnneu undersl~ding that this system will meet EPA requlrements, the slte will ~ fully paved, and sound and visual b~ners w'll be conslrucled, we the ~der$igned al~ agree t~l rezoulng of Dubuque 8oulhgate's lot I of Key Oate Center No. 2 should ~ c~nged C-3 General Co~erelal Io Mill, Modified I leavy Industrial, to acco~te A~ In reco nilion of the remoteness of this property we also ~lieve a blend ofco~erclal, restde ~t al, m~d modified heavy mdt str al (Apex Concrete) c~ extst here ~ I~ny. Address PUl .NOv. z o zuu, ILO' We the undersigned agree that the beautification of tile downtown and th~ nar~jor area ~s j important to the city of Dubuque and its. future growth. Apex Concrete r*,'Offlltrjner~ ~.~_'"~J,lY OF,DUBUQUEthat l its facility there is old and out-dated,, rashes to voluntarily close it to allo, v Ii~A,~i~,~SERV, CES DEPARTMENT development. Apex Concrete's ~oluntarily seeking o.ut an appropriate loc ttion is beneficial to all of Dubuque. Th~ purposed rezoning request for Dubuque Southgate's lot 1 of Key Gate Center No. 2, is necessary to permit Apex Concrete to relocate and construct a new state of the art facillty. Having been shown what Apex has planned and understanding that this system will meet EPA requti'ements, the site will be fully paved, and sound and visual barriers will be constructed, we the undersigned also agree that the rezoning of Dubuque Southgate's lot 1 of Key Gate Center No. 2 should be changed from C-3 General Commercial to MHI, Modified Heavy Industrial, to accommodate Apex. In recognition of the remoteness of this property we also believe a blend of commercial, residential, and modified heavy industrial (Apex Concrete) can exist here in harmony. Address impoMaul to lite cily ofDt, buquc and its future Igowtb. Apex Concrete rec~ its Facility there is old and out-dated, wishes to voluntarily close it to development. A~x Concrcte s volt ul~dy seeklflg out ~ app~pmte location ~neficlal ~o all of Dubuque. Tke purposed rezonlng request for Dubuque Southgat¢'s lot I of Key Gate Center No. 2, ~s nccess~y to peamt Apex Co.fete construct n new state of the mt ~tcillty. llavlng ~eu sho~ what A~x undetst~dln~ that this system will meet EPA requirements, the site will ~ fully paved, and sound and visual b~riers will ~ constructed, ~ the ~derslgned al~ ~agree t~t rezonlng of Dubuque 8outhgnte's lot I of Key Gat~ Ceuler No. 2 should ~ c~ged ~om U-3 General Co~nerclal to MI II. Modified ~leaw Industrial, lo acconu~te A~ In recugultion of the remoteaess of this properly we also ~liev~ a blund of co~erclal, ~esldeutlal. m~d modified heavy iudostrlal (Apex Concrete) c~ exist her~ ~ I~ny. ^~dress REZONING STAFF 'REPORT Zoning Agenda: November 5, 2003 Property Address: Property Owner: Applicant: Southeast of Highway 61/151 and Highway 52 intersection. Daniel J. Mueller Daniel J. Mueller Proposed Land Use: Industrial Proposed Zoning: MHI Existing Land Use: Vacant Existing Zoning: C-3 Adjacent Land Use: North - U.S. Highway 52 Adjacent Zoning: East - Vacant South - Vacant West - Commercial/mobile home park North - C-3 East- PR South - PR West- PC Former Zoning: 1934-County 1975 - County 1985-County Total Area: Approx. 6 acres Property History: The subject property was annexed to the City in 1988. At that time, the owner requested Planned Residential zoning, as he was not sure how he planned to develop the property at that time. In February 2003, the applicant applied for rezoning to MHI Modified Heavy Industrial and then revised his application to request rezonin§ to Planned Industrial District to allow establishment of a concrete batch mix plant. The City Council referred the applicant's request back to the Zoning Advisory Commission in April 2003 to allow him to apply for rezoning to a commercial designation. The subject property was rezoned tc C-3 General Commercial on April 21, 2003 Physical Characteristics: The subject property is relatively fiat and is located at an elevation that is higher than U.S. Highway 52 but slightly below the adjacent mobile home park. Concurrence with Comprehensive Plan: The area is designated for multi-family development in the Comprehensive Plan. Impact of Request on: Utilities: Existing utilities are adequate to serve the site through extension of existing water and sewer mains. Traffic Patterns/Counts: The IDOT 2001 traffic count for U.S. Highway 61/151 ~s 15,700 average vehicle trips per day. The count for U.S. Highway 52 is 7,700 average vehicle trips per day. Rezoning Staff Report-Southeast of Highway 61/151 & Highway 52 Page 2 Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any significant impacts to the environment provided adequate erosion control is provided during all phases of development and that storm water control is adequately controlled as it flows off the site. Adjacent Properties: Planning staff anticipates that adjacent properties will be impacted by increased levels of light and noise associated with development of the parcel for industrial businesses. CIP Investments: None proposed. Staff Analysis: The applicant is requesting rezoning of the subject parcel from C-3 General Commercial to MHI Modified Heavy Industrial District. The subject property is located adjacent to the applicant's existing planned commercial district and is located within the previously approved C-3 General Commercial zoning district. The applicant intends to construct a new street from U.S. Highway 52 to serve the property, which would be built to City standards and dedicated to the City. The applicant has reviewed the proposed new street, which will have access to Highway 52, with the City Engineering Division. Final approval of the access requires both Iowa Department of Transportation and City of Dubuque approval. The MHI Modified Heavy Industrial District allows for a wide range of permitted uses, and a copy of those district uses is attached for the Commission's review. The subject property to be rezoned is set back from the U.S. Highway 52 right-of-way with C-3 zoning between it and the highway right-of-way. Planning staff anticipates that the industrial businesses that may locate to the proposed area will tend to generate a lower level of traffic when compared to commercial businesses that prefer a more visible location closer to the adjoining highways. The subject property proposed for rezoning to MHI is buffered from adjacent land uses by the existing C-3 zoning. The subject property for rezoning is approximately 225 feet from the mobile home park, 375 feet from the single-family home owned by Mihalakis to the east, and Highway 52 provides a buffer on the north side of the property. Staff recommends the Zoning Advisory Commission review Section 6-1.4 of the Zoning Ordinance that establishes criteria for reviewing rezoning requests. Prepared by: ~-¢- /,..~" - , Reviewed: ~,/Z~' Date: /¢/~',,~ DU549 CH-01 .TXT (1) 3-4.4. MHI Modified Heavy Industrial District: (A) General Purpose And Description: The MHI Modified Heavy Industrial Dish-ict is intended to provide appropriate locations for most heavy industrial uses, while also serving as a buffer for transitional and redeveloping areas, particularly along the U.S. 61/151 freeway corridor, from those most intense industrial uses which by their nature tend to generate levels of smoke, dust, noise or odors or have visual impacts that render them incompatible with virtually all other land uses. For this reason, the MHI Modified Heavy Industrial District will be mapped only in areas where topographic features or adjacent zoning districts mitigate the effects of the zone upon nearby uses. This District is also designed to accommodate the expan~qion of existing uses and provide for infill of vacant parcels but is not generally intended to be an expandable district other than through the use of a planned unit development as provided in this Ordinance. (B) Principal Permitted Uses: The following uses shall be permitted in the MJ:II District: (1) Railroads and public or quasi-public utilities including substations-[47]. (2) General offices-J47]. (3) Medical/dental lab-[8]. (4) Personal services-[14]. (5) Off-street parking lot-[N/A]. (6) Gas station-[18]. (7) Bakery (wholesale/commercial)-[19]. (8) Indoor restanrant-[20]. (9) Drive-in/carry-out restanrant-[28]. (10) Bar/tavern-[20]. (11) Automated gas station-[18]. (12) Service station-[21]. (13) Drive-up automated bank teller-[8]. (14) Self-service carwash-[g]. (15) Animal hospitsYclinic-[231. (16) Furniture upholsteu/repair-[t 8]. (17) Business services-[29]. (18) Banks, savings and loans, and credit unious-[31 ]. (19) Vending/game machine sales/service-[19]. (20) Indoor recreation facilities-[37]. DU549 CH-01.TXT (2) (21) Mall-order houses-J23]. (22) Lumberyards/building materials sales-[19]. (23) Construction supplies, sales and service-[ t 9]. (24) Printing and publishing-[32]. (25) Moving/storage facflities*[33]. (26) Full-service carwash-[8]. (27) Auto service centers-[34]. (28) Auto sales and services-[38]. (29) Auto repair/body shop-[35]. (30) Track sales, service and repair-J39]. (31) Farm implement sales, services and repair-[39]. (32) Auto parts/~pply-[7]. (33) Mobile home sales-[40]. (34) Motorcycle sales/service-[41]. (35) Boat sales/service~J40]. (36) Recreation vehicle sales/service- [38]. 07) Vehicle rental-[47]. (38) Upholstery shop-J42]. (39) Parking stmctare-[N/A]. (40) Contractors shop/yard-[33]. (41) Wholesale sales/distributor-[29]. (42) Freight transfer facilities-[44]. (43) Fuel and ice dealcrs-[33]. (44) Agricultural supply sales-[19]. (45) Cold storagedlockcr plants-[15]. (46) Packing and processing of meat, dairy or food products, but not to include slaughterhouses or stock- yards-[33]. (47) Compounding, processing and packaging of chemical products, but not including highly flammable or explosive materials-[33]. (48) Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment -[33]. DU549 CH-O1.TXT (3) (49) Laboratories for research or engineering-[33]. (50) Warehousing and storage facilities -[33]. (51 ) Manufacture or assembly of musical instruments; toys; watches or clocks; medical, dental, optical or simitar scientific instruments; orthopedic or medical appliances; signs or billboards-J33]. (52) Manufacturing, eompotmding, assembly or treatment of articles or products from the following substances: clothing or textiles; rubber; precious or semi-precious stones or metals; wood; plastics; paper;, leather;, fiber; glass; hair; wax; sheet metal; concrete; feathers; fur; and cork-[33]. (53) Manufacture, storage or processing of the following products or materials: glue, petroleum products or any flammable liquid; asphalt or concrete products; explosive materials of any type; structural steel and foundry products; fertilizer; pharmaceutical products, including cosmetics, toiletries and soap; and stone products, including brick, building stone, and s'unilar masonry materials-J33]. [ ] Parking group-See Section 4.2 of this Ordinance. (C) Accessory Uses: The following uses shall be permitted as accessory uses as provided in Section 4 of*his Ordinance: (1) Any use customarily incidental and subordinate to the principal use it serves. (D) Conditional Uses. . (1) Group day care center provided that: (a) Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided per child in areas occupied by cribs; (b) Thirty five (35) square feet of indoor floor area (excluding halls and bathrooms) is provided per child in areas not occupied'by cribs times the licensed capacity; (c) Seventy five (75) square feet of fenced outdoor recreation space is provided per child using the space at a given time; (d) Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; (e) All licenses have been issued or have been applied for awaiting the outcome of the Board's decision; (f) No group day care center may be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repairing or renting vehicles; (g) The parking group requirements can be met-[8]; and (h) The conditional use applicant certifies that the premises on which the group day care center will be located complies with, and will for so long as the group day care center is so located, continue to comply with all local, State and Federal regulations governing hazardous substances, 10a~rdous conditions, hazardous wastes, and hazardous materials, including but not limited to Iowa Code chapter 455B (1991); 42 USC section 9601 of the DU549 CH-O1.TXT (4) Federal Comprehensive Environmental Response Compensation, and Liability Act; 40 CFR section 302.r; and section 302 of the Superfimd Amendments and Reauthorization Act of 1986. (i) If the applicant is subject to the requirements of section 302 of the Superfund Amendments and Reauthorization Act of 1986, the Emergency Management Director shall certify whether or not the applicant has submitted a current inventow of extremely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the applicant shall also post in a conspicuous place on the premises a notice indicating a description of the extremely hazardous substances, and the physical and health hazards presented by such substances. (2) Grain/barge terminal provided that: (a) A site plan shall be submitted and approved as provided in Section 4 of this Ordinance; and (b) The parking group requirements can be met-[44]. (E) Temporary Uses: The following uses shall be permitted as temporary uses in the MHI District: (I) Batch plants (asphalt or concrete). (F) Bulk Regulations: (1) Maximum BuiMing Height: 150 feet. (G)Parking Requirements: See Section 4-2 of this OrdinanCe. (H)Signs: See Section 4-3 of this Ordinance. (Ord. No. 25-85, § 1, 5-20-1985; Ord. No. 23-90, §§ 6, 7, 3-19-1990; Ord. No. 26-90, § 3, 3-19-1990; Ord. No. 50-90, § 1, 64-1990; Ord. No. 70-90, § l(a)-(d), 9-4-1990; Ord. No. 44-91, §§ 1-3, 5-20-1991; Ord. No. 78-92, § 2, 1 I-2A992; Ord. No. 12-93, § 2, 3-15-1993; Ord. No. 42-95, § 1, 7-3-1995; Ord. No. 11-96, § 1, 34-1996; Ord. No. 12-96, § 1, 3-4-1996; Ord. No. 13-96, § 1, 34-1996) Prepared by: Laura Carstens. City Planner Address: 50 W. 13th St.. City Hall 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 SOUTHEAST OF HIGHWAY 61/151 AND HIGHWAY 52 INTERSECTION FROM C-3 GENERAL COMMERCIAL DISTRICT TO MHI MODIFIED HEAVY INDUSTRIAL DISTRICT, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from C-3 General Commercial District to MHI Modified Heavy Industrial District, with conditions, as shown in Exhibit 1, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 2003. day of Attest: Terrance k,1 Duggan, Mayor Jeanne F. Schneider, City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2001), and as an express condition of rezoning of the property described in Exhibit 1, and to the center line of the adjoining public right-of- way, all in the City of Dubuque, Iowa, which is the subject of Ordinance No. -03, a copy of which is attached hereto and incorporated herein by reference the undersigned property owner, agree to the following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Conditions: The following conditions shall apply to the subiect property: 1) The following permitted uses shall be allowed in this MHI Modified Heavy Industrial District: (a) Railroads and public or quasi-public utilities, including substations - [7] (b) General offices - [47] (c) Medical/dental lab - [8] (d) Personal services - [14] (e) Off-street parking lot- [n/a] Gas station - [18] (g) Bakery (wholesale/commercial) - [19] (h) Indoor restaurant- [20] (i) Drive-in/carry-out restaurant - [28] (j) Bar/tavern - [20] (k) Automated gas station - [18] (I) Service station - [21] (m) Drive-up automated bank teller- [8] (n) Self-service car wash - [8] (o) Animal hospital/clinic - [23] (p) Furniture upholstery/repair- [18] (q) Business services - [29] (r) Banks, savings and loans, and credit unions- [31] (s) Vending/game machines sales/service - [19] (t) Indoor recreation facilities - [37] (u) Mail order houses - [23] (v) Lumberyards/building materials sales- [19] (w) Construction supplies, sales and service - [19] (y) Printing and publishing- [32] (z) Moving/storage facilities - [33] (aa) Full-service carwash - [8] (bb) Auto service centers - [34] (cc) Auto sales and services - [38] (dd) Auto repair/body shop - [35] (ee) Truck sales, service and repair- [39] (ff) Farm implement sales, service and repair- [39] (gg) Auto parts/supply - [7] (hh) Mobile home sales - [40] B) C) D) E) (ii) Motorcycle sales/service - [41] (jj) Boat sales/service - [40] (kk) Recreation vehicle sales/service - [38] (11) Vehicle rental - [47] (mm) Upholstery shop - [42] (nn) Parking structure - [n/al (oo) Contractor's shop/yard - [33 (pp) Wholesale sales/distributor- [29] (qq) Agricultural supply sales - [19] (rr) Laboratories for research or engineering - [33] (ss) Manufacture or assembly of musical instruments, toys, watches or clocks, medical, dental, optical or similar scientific instruments; orthopedic or medical appliances, signs or billboard - [33]. (tt) Concrete batch mix plant- [33]] [ ] Parking group - See Section 4-2 of this Ordinance. 2) Install a six (6) foot high chain link fence along the west property line from the entrance to the point where the topography drops off. 3) Plant arborvitae screemng adjacent to the adjoining mobile home park. Arborvitae shall be between three (3) and four [4) feet tall at planting and be spaced four [4) feet apart. Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the C-3 General Commercial District (which rezoning will include the removal of the performance standards in Section A above) if the property owner fails to complete any of the conditions or provisions of this Agreement. Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Zoning Ordinance governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. Recordin,q. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within thirty (30) days of the adoption of Ordinance No. -03. Construction. This Agreement shall be construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. ACCEPTANCE OF ORDINANCE NO. - 03 I, Dan Mueller, representing Dubuque Southgate Investments Ltd., property owner, having read the terms and conditions of the foregoing Ordinance No. 03 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of 2003. Dan Mueller Dubuque Southgate Investments, Inc. ACCEPTANCE OF ORDINANCE NO. - 03 I, Dennis J. Thier, representing BARD/Apex Concrete, the Buyer, having read the terms and conditions of the foregoing Ordinance No. - 03 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated this day of 2003. Dennis J. Thier, President BARD/Apex Concrete PC C-3 PR Re, ised 8/26/03 Proposed Area to be Rezoned Applicant: Dan Mueller Location: Southeast of Highway 52 South and Highways 61/151 I ntersection Description: To rezone property from C-3 General Commercial District to MHI Modified Heavy Industrial District. Proposed Area to I:;e Rezoned ] Zoning Advisory Commission City' Hall, Second Floor 50 W. 13th. Street Dubuque, IA 52001 0el 292003 PLANNING SERVICES DEPARTMEN]' Dear Board Members: [ am writing this letter to voice my strong opposition to the rezoning of land, owned by Dubuque Southgate Development, south of Hwy. 61/151 & Hwy. 52, lot 1 of Key Gate Center No. 2. I am convinced that the rezoning from C-3 General Commercial, to MHI Modified Heavy Industrial, would create many problems for the people who live, and work in this area, as well as people who regularly travel through this area. My property is directly across from the proposed sight, our neighborhood is predominantly residential, with a few commercial properties also located in the neighborhood. To introduce Modified Heavy Industrial into this area would stagnate any future development of this area,, as well as being detrimental to existing home owners property values. As you Know Southgate Development had tried to rezone this property back in January with the intended propose to sell the lot to Apex Concrete. I' m sine that this is still there intention. I am very much opposed to such a transaction, as you should recall that proposal received a very vocal opposition from nearly 200 residence in this area. Considering this opposition, I am disappointed that this zoning change has been aloud to be reconsidered. I am extremely confident that opposition for ANY type of Modified Heavy Industrial will be just as strong. This type of non-conforming zoning change creates far too many environmental, traffic, safety, and aesthetic challenges. It is the propose of zoning laws to make sure these types of non- conforming uses do not occur. I would encourage the Zoning Advisory Commission to to the right thing and once again vote against this proposed zoning change. Thank You for your time and consideration. Sincerely Tim & Amy Stierman Planning Services Page 1 of 2 Planning Services Department ThePlan~n~Sep.,ices~ Depaztment~s mission is tc~ wo~ki[t pad33e[ship, with our citizens to create a more livable community and plan for a better future. The Planning Services Department reports to the City Manager and concentrates on two major activities--city planning and development services. Programs include development site planning and review, community planning, land use regulation, zoning enforcement~ and corridor planning. Major projects unde~y are riverfront planning and development, visioning and comprehensive plan implementation, and code enforcement improvemenls. Plannin~ S~rvic~s The Planning Services A~vity provides professional city planning services to the Long Range Planning Advisory Commission foe community visioning, comprehensive planning, special planning studies, urban revitalization and urban renewal districts and capital improvement program input It also anticipates long-range and short-term needs of the City and recommends policies, plans or programs whenever possible to the City Manager, Long Range Planning Advisory Commission and City Council. In addition, it implements the plans, obtains funding and implements multi-use trail systems in the City of Dubuque. Oevelooment Services The Development Services Activity provides professional development planning services to the C~ Council and Zoning Advisory Commission for: rezonings, planned unit developments, minor and major subdivisions, zomng and subdivision ordinance amendments and coordinated land use planning. This activity also provides professional development planning services to the Zoning Board of Adjustment for:. variances, conditional uses, special exceptions and appeals. We hav~zoeie~ ;~gulations to promote a sound, safe, healthy and desirable community; to encourage good development and support the conscientious developer, and to protect existing property values and uses while providing for future generations. The Development Services Activity provides enforcement of the zoning ordinance in a timety fashion on a consistent basis The benefits of historic preservation are both tangible and intangible. Histodc preservation gwes a community a sense of place and continuity with its pest. It also makes economic sense. The most expensive type of preservation rarely equals the cost of comparable new construction. Histodc Preservation is intended to provide an opportunity to create, change or affect the exterior architectural features of a building or site in a way that will not adversely effect the aesthetic, historic or ambltectural significance and value of the property or neighboring properties. The Planning Services Department has a customer services survey available. If you'd like you may voice your opinion electronically, or download and forward the survey to our office. Census Information The Planning Services Department is the local repository for U.S. Census information. Based on U.S. Census 2000 information, the population of the City of Dubuque is 57,686. The population of Dubuque County is 89,143. Dubuque County experienced a 3.2% increase in population since 1990. http://www, cityofdubuque.org/printer_friendly, cfm?pageid=49 9/2/03 Month January February March April May June July August September October November December Climatic Atlas of the United States Dubuque, IA General Wind Direction Northwest Northwest Northwest Northwest Southwest Southwest South Southwest South South South Northwest Speed (mph) 9 10 12 12 11 10 8 9 9 10 11 10 t'age ~ or t \ / BELLEVUE HEIGHTS / ~_'"<~-D u bu_cl ue County 1995 2000 32 Crashes fite://C:\WINDOWS\Temporary%20Intemet%20Files\Content.12E5kBFWGRJ6N~US52%20s... 8/26/03 We, the undezsig~aed, are residence, and workers in dose proximity to property owned by Sonthgate Development. south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gale Center No. 2. We are greatly opposed to the proposed drastic rezoning of this land from C-3 General Commercial to MHI Modified Heavy Industrial. We believe that allowing this non conforming zoning change at this location would create unacceptable levels of dust, noise, as well as creating very dangerous traffic problems in an already congested area. This area is predominantly residential, and heavy industrial use of this land would not aesthetically fit into our surroundings. We, Be undersigned, ask thai you reject this zoning change, us it would be detrimental to the safety, ~njo~ment, and value of our properties. Signature Address We, the undersigned, are residence, and workers in close proximity to property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the pmIx~sed drastic rezoning of this land from C-3 General Commercial to MHI Modified Heavy Indusl~ial. We believe that allowing this non conforming zoning change at this location would create unacceptable levels of dust, noise, as well as creating very dangerous traffic problems in an already congested area- This area is predominantly residential, and heavy industrial use of this land would not aesthetically fit into our surroundings. We, the undersigned, ask that you reject this zoning change, as it would be detrimental to the safety, enjoyment, and value of our properties. Signature Address 377 We, the undersigned, are residence, and workers in dose proximity to property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the proposed drastic rezoning of this land from C-3 General Commercial to MHI Modified Heavy Indus~al. We believe that allowing this non conforming zoning change at this location would create unacceptable levels of dust, noise, as well as creating very dangerous traffic problems in an already congested area. This area is predominantly residential, and heavy industrial use of this land would not aesth~ically fit into our surroundings. We, the undersigned, ask that you reject this zoning change, as it would be detrimental to the safety, enjoyment, and value of our properties. ,/ Signature Address We, the undersigned, ar~ residence, and workers in close proximity to prope~ owned by Southgate Development, south of Hwy. 6U151 und Hwy. 52, Lot 1 of Key Gate Center No. 2. We are grealiy opposed to the proposed drastic rezoning of this land from C-3 General Comm¢l~ial to Miff Modified Fieavy Industrial. We believe that allowing this non conforming zoning change at this location would crea~ unacceptable levels of dust, noise, as well as cresting very dsn~e~ traffic p~blems in an already congested area. This area is predomlnsnfly residential, and heavy industrial use of this land would not aesthetically fit into our surroundings. We, the lmdersiglle~ ask thnt yoll ]ceje~ this zoning cllallge, as it woDld be detrimental to the safety, ~njoyment, and value of our properties. Signature Address We, the undersigned, are residence, and workers in close proximity to property owned by Southgate Development, south of Hwy. 61t151 and Hwy. 52, Lot 1 of Key Cram Center No. 2. We are greatly opposed to the proposed drastic ~ezoning of this land from C~3 General Cx~. ,ereial to MHI Modified Heavy Industrial: We believe that allowing this non conforming zoning change at this location would create unacceptable levels of dust, noise, as well as creating very dangerous ha~c problems in an already congested area. This area is predominantly residential, and heavy industrial use of tiffs !and would not aesthetically fit into our surroundings. We, the undersigned, ask enat you reject this zonlno~ change, as it would be detrimental to the safe~y, enjoyment, and value of our propertias. l-n /fO . Address We, the undersigned, are residence, and workers in close proximity to property owned by Southgate Development. south of Hwy. 61/151 and Hwy. 52, Lot 1 olr Key Gate Center No. 2. We are greatly opposed to the proposed drastic mzoning of this land from C-3 General Commercial to MHI Modified Heavy Industrial. We believe that allowing this non conforming zoning change at this location would create unacceptable levels of dust, noise, as well as creating ve~ dangerous traffic problems in an already congested area. This area is predominantly residential, and heavy industrial use of this land would not aesthetically fit into our surroundings. WE, the undersigned, ask that you reject this zoning change, us it would be detrimental to the safety, enjoyment, and value of our properties. 197 15( Si gnature Address 02.- We, the undersigned, are residence, and workers in close proximity to property owned bx' Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the proposed drastic rezoning of this land from C-3 General Commercial to MHI Modified Heavy Induslrial. We believe that allowing this non conforming zoning change at this location would creme unacceptable levels of dust, noise, as well as creating very dangerous traffic problems in an already congested area. This area is predominantly residential, and heavy industrial use of this land would not aesthetically fit into our surroundings. We, the undersigned, ask that you reject this zoning change, as it would be detrimental to the safety, enjoyment, and value of our properties. ql Signature Address We. the undersigned, are residence, and workers in close proximi~ to property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the proposed drastic rezoning of this land from C-3 General Commercial to MHi Modified Heavy Industrial. We believe that allowing this non conforming. zoning change at this location would create unacceptable levels of dust, noise, as well as creating very dangerous traffic problems in an already congested are,'t This area is predominantly residential, and heavy industrial use of this land would not aesthetically fit into our surroundings. We, the undersigned, ask that you reject this zoning change, as it would be detrimental to the safety., enjoyment, and value of our properties. Signature Address qr- gf fc tr ff We, the unde~igned, are residence, and workers in Close proximity to property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the proposed drastic reZOnin~ of thin land from C~3 General Commercial te MI-H Modified Heavy I~d~tdal. We believe that allowing this no .n conforming zoning change at this location would create rmaceeptable levels of dust, noise, as w611 as creating very dangerous traffic problems in an already congested area. This area is predominantly residential, and heavy industrial use of this land would not aesthetically fit into our surroundings. We, the undersigned, ask that you reject this zoning change, as it would be deUimental to the safety, enjoyment, and value of our proposes. 1 3 4 6 7 8 9 10 11 12 13 14 Ad~ess _-.cC)cZ 16 17 18 19 20 21 22 q. SG.5'- o We, tho und0rsigued, are residence, and workers in dose proximity to property owned by Southgate Development, south of Hwy. 611151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the proposed drastic rezoulng of this land from C-3 General CoFnme/x2ial to ~ Modified Heavy Industrial. We believe that allowing this non conforming zoning change at this location would create unacceptable levels of dust, noise, as well as creating very dangerous traffic problems in an already congested arem This area is predominantly residential, and heavy industrial use of this land would not aesthetically fit into our snrrotllldings. We, the undersigned, ask that you reject thi~ zoning change, as it would be detrimental to the safety, enjoyment, and value of our properties. 23 24 25 26 27 28 29 30 32 33 34 35 36 37 38 39 Address 41 42 43 -¸% 44 We; the undersigned, are residence, and workers in dose proximity to property owned by Southgate Development, south of Hws'. 6I!151 and HaT- 52, Lot 1 of Key Gain Center No. 2. We are greatly opposed to the proposed drastic mzoning of this land from C-3 General Commercial to tWHt Modified Heavy IndmtriaL We believe that allowing this non conforming zoning change at this location would create unacceptable levels of dust, noise, as well as creating ve,-w da_n_g- er_o~ {ra~ffic proq~e~ in an al'ready cow.,g~md are~- This urea is prcd~nandy r~idcnfial, ~d ~vy indusu4~ use of il~s i~ wo~dd nut aes',hefi~y fit into om' surroan~ngs. We, the undersigned, ask that you reject this zoning change, as it would be detrSmental to the safety, enjosanent, and value of our properties: Signature Address We, the undersigned, are residence, and workers in dose proximity to property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are gr~y opposed to thc proposed drastic rezoning of this land from C-3 General Commercial to MHI Modified Heavy Industrial. We believe that allowing this non conforming zoning change at this location would create unacceptable levels of dust, noise, as well as creating veD~ dangerous traffic problems in an already congested area. This area is predominantly cesideatial, and heavy industrial use of this land would not aesthetically fit into our surrounding~ We, the undersigned, ask that you reject this zoning change, as it would be detrimental to the safety, enjoyment, and value of our properties. Signature Address ?/ We, the undersigned, are residence, and workers in close proximity to property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the proposed drastic rezonin§ of this land from C-3 General Commercial to IV[HI Modified Heavy Industrial. We believe that allowing this non eonfomfing zoning change at this location would create ~msc~eptable levels of dust, noise, as well as creating very dangerous traffic problems in an already eungested arem This area is predominantly residential, and heavy industrial use of this land would not aesthetically fit into our surroundings. We, the undersigned, ask that you reject this zonln~ change, as it would be detrimental to the safety, enjoyment, and value of our prope~aJes. 23 24 25 26 27 28 29 30 3~ 32 33 34 35 36 37 38 39 Signature 41 42 43 44 We, the undersi~m',ed, am residence, and worke~ in close proximity to propert~ 'y oamed by Southgate Development, soutit of Hwy. 61/151 and H~T. 52, Lot 1 of Key Gate Center No. 2. We are greatly ot~posed to the proposed drastic rezoning of this land from C-3 General Conunercial to tvFHI Mod/fi,-~ Heavv industrial. We Ioelieve that allowing this non conforming zoning change at this location would'create unacceptable levels of dust, noise, as well as creating ye_fy ~gemus a~-~fic probi~s in v~ ah~ady -~xmgesied am~ This ar-.m is predomin~tly We, the undersigned, ask that you reject this zoning change, as it would be detrimental to the safe~', enjoymem, and value of our properties. Sig~an~-e Address t ~ r( We, the undersigned, are residence, and workers in dose proximity to property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the proposed drastic rezoning of this land from C-3 General Commercial to MI-II Modified Heavy IndusUial. We believe that allowing this non conforming zoning change at this location would create unacceptable levels of dust, noise, as well as creating very dangerous traffic problems in an already congested are~ This area is predominantly residemial, and heavy industrial use of this land would not aesthetically fit into our surroundings. We, the undersigned, ask that you reject this zoning change, as it would be detrimental to the safety, enjoyment, and value of our pro.flies. Signature Address 7/ ggl We, the undersigned, are residence, and workers in close proximity to property owned Southgate Development, south of Hwy. 61/151 and Hwy. We are greatly opposed to the proposed drastic rezoning of this land from C-3 General Commercial to MI:ti Modified Heavy Industrial. We believe that allowing this non confom~.'ng very dangerOus traffic pro~)tems m an mreaay.congestea residential, and heavy indus~ial u~ of this land would not aesthetically fit into our surroundings. We, the undersigned, ask that you reject this zoning change, as it would be delrimental to the safeB~, enjoyment, and value of our properttes. Signaulre Address We, thc undersigned, are residence, and workers in close proximity to property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the proposed drastic rczoning of this land from C-3 General Commercial to MHI Modified Heavy Industrial. We believe that allowing this non conforming zoning change at this location would create unacceptable levels of dust, noise, as well as creating very dangerous traffic problems in an already congested ares. This area is predominantly residential, and heavy industrial use of this land would not aesthetically fit into our surroundings. We, the undersigned, ask that you reject this zoning change, as it would be detrimental to the safety, enjoyment, and value of our properties. 'F/"-/ //$ //4, //7 Address We, the undersigned, are residence, and worlcers in close proximity to property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the proposed drastic rezouing of this land from C-3 General Commercial to MHI Modified Heavy Industrial. We believe that allowing this non conforming zoning change at this location would create unacceptable levels of dust, noise, as well as crea~ng very dangerous traffic problems in an already congested arem This area is predominantly residential, and hea~? industrial use of this land would not aesthetically fit into our surroundings. we, the undersigned, ask ~ you .reject this zoning change, as it would be detrimental to the safety, enjoyment, and value of our properties. If.Z> i~li Signature Address v ~_We, the undersigned, are residence, and workers in close proximity to property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the proposed drastic rezoning of this land from C-3 General Commercial to MHI Modified Heavy Industrial. We believe that allowing this non conforming zoning change at this location would create unacceptable levels of dust, noise, as well as creating very dangerous traffic problems in an already congested arem This area is predominantly residential, and heavy industrial use of this land would not aesthetically fit into our surroundings. We, the undersigned, ask that you reject this zoning change, as it would be detrimental to the safety, enjoyment, and value of our properties. Signature Address ./6,3 /aa We, the undersigned, are residence, and workers in close proximity to propervy owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the proposed drastic rezoning of this land from C-3 General Commercial to MHI Modified Heavy Industrial. We believe that allowing this non conforming zoning change at this location would create unacceptable levels of dust, noise, as well as creating very dangerous problems an already congested ama. area predominantly traffic This is residential, and heavy industrial use of this land would not aesthetically fit into our surroundings. We, the m~de~signed, ask that you reject this zoning change, as it would be detrimental to the safety, enjoyment, and value of our properties. /fO . Address He? n Vl We, the undersigned, are residence, and workers in close proximity to property owned by outhgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the proposed drastic rezoning of this land from C-3 General Commercial to MHI Modified Heavy Industrial. We believe that allowing this non conforming zoning change at this location would create unacceplable levels of dust, noise, as well as creating very dangerous traffic problems in an already congested are~ This area is predominantly residential, and heavy industrial use of lifts land would not aesthetically fit into our surroundings. We, the undersigned, ask that you reject this zoning change, as it would be detrimental to the safety, enjoyment, and value of our properties. Signature Address We, the undersigned, are residence, and workers in close proximity to prope~y owned by Southgate Development, somh of Hwy. 61/151 and Hwy. 52, Lot I of Key Gate Center No. 2. We are greatly opposed to the proposed drastic rezoning of this land from C-3 General Commercial to M'Ffl Modified Heavy Industrial. We believe that allowing this non conformlng zoning change at this location would cres~ unacceptable levels of dust, noise, as well as creating very dangerous tra~c problems in an already congested area. This area is predominantly . residen6zl: and heavy ind .us~ial use of this land would not aesthetically fit into our surroundings. We, the undersigned, ask that you reject this zoning change, as it would be detrimental to the safety, enjoyment, and value of our properties. Signature Address (( [t t{ I r , the undersigned, are residence, and workers in dose proximity to property owned by Southgate Development, south of lrlwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the proposed drastic rezoning of thi.q land from C-3 General Commercial to MI~II Modified Heavy Induatrial. We believe that allowing this non conforming zoning change at thi.q location would create ~maeceptable levels of dust, noise, as well as creating very dangerous traffic problems in an already congested area. This area is predominantly residential, and heavy industrial use of this land would not aesthetically fit into our surroundings. We, the undersigned, ask that yon reject this zonlng Change, as it would be deXtimental to the safety, enjoyment, and value of our properti~. Address V We, the undersigned, are residence, and workers in dose proximity to property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the proposed drastic rezoning of this land from C-3 General Commercial to MI-II Modified Heavy Industrial. We believe that allowing this non conforming zoning change at this location would create anaeceptable levels of dust, noise, as well as creating very dangerous traffic problems in an already congested are~ This area is predominantly residential, and heavy indus~ial use of this land would not aesthetically fit inlo our surroundings. We, the andersigned, ask that you reject thin zoning change, as it would be delrimental to the safety, enjoyment, and value of our properlie~ Signature Address We, the undemigned, are residence, and workers in close proximity to property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot I of Key Crate Center No. 2. We are greatly opposed to the proposed drastic rezoning of this land from C-3 General Commercial to MHI Modified Heavy Industrial. We believe that allowing this non conforming zoning change at this location would create unacceptable levels of dust, noise, as well as creating very dangerous traffic problems in an already congested area. This area is predominantly residential, and hear! industrial use of this land would not aesthetically fit into our surroundings. We, the undersigned, ask that you reject this zoning change, as it would be detrimental to the safety, enjoyment, and value of our properties. Signature Address ;27' ~We, the undersigned, are residence, and worke~ in close proximity to property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Crate Center No. 2. We are greatly opposed to the proposed drastic rezoning of this land from C-3 General Commercial to MHI Modified Heavy Industrial. We believe that allowing this non conforming zoning change at this location would create unacceptable levels of dust, noise, as well as creating very dangerous traffic problems in an already congested area~ This area is predominantly residential, and heavy, industrial use of this land would not aeslhetically fit into our surrounding~ We, ~e undersigned, ask that you reject this zoning change, as it would be detrimental to the safety, ~emjo~fment, and value of our properties. Signature Address We, the undersigned, are residence, and workers in close proximity to property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the proposed drastic rezoning of this land from C-3 General Commem/al to MHI Modified Heavy lndustrial. We believe that allowing this non conforming zoning change at this location would create unacceptable levels of dust, noise, as welt as creating. ve~ dangerous traffic problems in an already congested area. This area is predominantly residential, and heavy industrial use of this land would not aesthetically fit into oar surroundings. We, the undersigned, ask that you reject this zoning change, as it would be detrimental to the safety, enjoyment, and value of our properties. Address We, the undersigned, are residence, and workers in close proximity to property own~l by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the proposed drastic rezoning of this land from C-3 General Commercial to MHI Modified Heavy Industrial. We believe that allowing this non conforming zoning change at this location would create unacceptable levels of dust, noise, as well as creating very dangerous traffic problems in an already congested area. This area is predominantly residential, and heavy industrial use of this land would not aesthetically fit into our surroundings We, the undemigned, ask that you reject this zoning change, as it would be detrimental to the safety, enjo)unent, and value of our properties. Signature Address 3.3 .3'9, V~CJe, the undersigned, are residence, and workers in dose prox/mity to property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the proposed drastic rezordng of this land from C-3 General Commercial to MHI Modified Heavy Industrial. We believe that allowing this non conforming zoning change at this location would create unacceptable levels of dust, noise, as well as creating very dangerous traffic problems in an already congested area. This area is predominantly residential, and heavy industrial use of this land would not aesthetically fit into our surroundings. We, the undersigned, ask that you reject this zoning change, as it would be detrimental to the safeW, enjoyment, and value of our properties. Address We, the undersigned, are residence, and workers in elose proximity to propeRy owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the proposed drastic rezoulng of this land from C-3 General Commercial to MHI Modified Heavy Industtial. We believe that allowing this non conforming zoning change at this location would create unacceptable levels of dust, noise, as well as creating very dangerous traffic problems in an already congested area_ This area is predominantly residential, and heavy industrial use of this land would not aesthetically fit into our surroundings. We, the undersigned, ask that you reject this zoning change, as it would be detrimental to the safety, enjoyment, and value of our properties. Signature Address December 6, 20Q3 Dubuque City. Council City Hah 50 W. 13th. Street Dubuque, IA 52001 Dear Dubuque City Council Members: Enclosed you will find a copy of our previously written letter concerning the rezoning of land for the purpose of building an Apex Concrete plant. Yon will also t-md a copy of our recent letter to the editor voicing our disappointment in the way the Zoning Advisory Commission has handled this issue. On Feb. 5 the Z.A.C. voted 6-1 not to approve this zoning change. At the Dec. 3 meeting the members suspiciously changed their votes 7-0 in favor of ti'ds spot zoning. The only th/ngs that have changed between these two votes, is the candy coated spin that the property, owners, Apex's president, and the Greater Dubuque Development Corporation have applied. The comrmssioners stated that buffer changes made by the owners and Apex, bad satisfied their criticism of that point The fact is that the changes made were in name only. Instead of zoning all 10 acres Modified HeaD' Industrial, they changed the 10 acres to C-3, and now are t~ing to rezone the center 5 acres to MHI. Apex is still going to use the entire 10 acres for all the same uses, there wilt still be just as much noise, dust,traffic hazards, and most importantly just as much a danger to our children, placing this plant right next to a residential neighborhood. With the help of the GDDC sponsored power point presentation, all of the major problems the Zoning Advisczy Commission had, with this drastic zoning change, at the Feb. 5 zoning vote, magically became covered in chocolate and sprinkled with sugar. The Z.A.C. are now conwnced that you actually can screen a 60 ft. tall structure behind 3' to 4' tall plantings. (Read Dec. 3 Z.A.C. minutes) These same arborvitae will take 15 to 20 years to reach mature height of approximately 20', this is still not tail enough to screen this structure. This screening is also only to be placed on the side bordering the mobile home park, but that seems to be good enough for the Z.A.C., too bad it is not good enough for the neighbors. The Z.A.C. is also O.K. with the grossly under inflated vehicle numbers presented to the commission, not to mention these vehicles will be crossing the highway fully loaded, and slowly crawl tmvard the intersection. The Commissioners also seem to believe in a completely dust and noise free concrete plant. This is laughable as others in the industry (not involved with Apex) can tell you that even the most modern concrete plants will emit dust and noise. And even though the amount of dust and noise may be O.K. for an industrial area, this same amount would be unacceptable in a residential neighborhood. December 6, 2003 Dubuque City Council City Hall 50 W. 13th. Street Dubuque, IA 52001 Dear Dubuque City Council Members: Enclosed you will find a copy of our previously written letter concerning the mzomng of land for the purpose of building an Apex Concrete plant. You will also find a copy of our recent letter to the editor voicing our disappointment in the way the Zoning Advisory Commission has handled this issue. On Feb. 5 the Z.A.C. voted 6-1 not to approve this zoning change. At the Dec. 3 meeting the members suspiciously changed their votes 7-0 in favor of this spot zoning. The only things that have changed between these two votes, is the candy coated spin that the property owners, Apex' s president, and the Greater Dubuque Development Corporation have applied. The commissioners sta~ed that buffer changes made by the owners and Apex, had satisfied their criticism of that point. The fact is that the changes made were in name only. lnstead of zoning all 10 acres Modified Heavy Industrial, they changed the 10 acres to C-3, and now are trying to rezone the center 5 acres to MHI. Apex is still going to use the entire 10 acres for all the same uses, there will still be just as much noise, dust,traffic hazards, and most importantly just as much a danger to our children, placing this plant right next to a residential neighborhood- With the help of the GDDC sponsored power point presentation, all of the major problems the Zoning Advisory Commission had, with this drastic zoning change, at the Feb. 5 zoning vote, magically became covered in chocolate and sprinkled with sugar. The Z.A.C. are now convinced that you actually can screen a 60 ft. tall structure behind 3' to 4' tall plantings. (Read Dec. 3 Z.A.C. minutes) These same arborvitae will take 15 to 20 years to reach mature height of approximately 20', this is still not tall enough to screen this structure. This screening is also only to be placed on the side bordering the mobile home park. but that seems to be good enough for the Z.A.C., too bad it is not good enough for the neighbors. The Z.A.C. is also O.K. with the grossly under inflated vehicle numbers presented to the commission, not to mention these vehicles will be crossing the highway fully loaded, and slowly cmwt toward the intersection. The Commissioners also seem to believe in a completely dust and noise free concrete plant~ This is laughable as others in the industry (not involved with Apex) can tell you that even the most modern concrete plants will emit dust and noise. And even though the amount of dust and noise may be O.IC for an industrial area, this same amount would be unacceptable in a residential neighborhood. The most disturbing fact in this whole matter, is the callous way the Z.A.C. have reacted to the safety of our children- This plant will have pits for its aggregate that will be 30' deep, other storage area~in the open, retention ponds, and many pieces of dangerous heavy equipment. Any logical thinking person (especially if they have children) would not want these dangers in their neighborhood. The Z.A.C. sees no problem with these dangers, m fact one commissioner went so far as to say twice, at the same meeting, that if a child were to get hurt on this property it would be "Bad Parenting'. We were appalled when we heard that statement come from Mr. Dick Schiltz. Someone with that casual of an attitude towa/d children's safety should not be serving on any commission under any drcumstances. Alter taking these facts into consideration, one has to wonder if these commissioners were that easily duped into completely changing their votes, or if they were just interested in asserting the Greater Dubuque Development Corporations agenda to get Apex out of the fiver front are~ We hope that this is not part of the city councils agenda as well. In a recent Telegraph Herald we were urged to vote on the minor league bond issue on its own merits, we urge you to do the same and not allow your decision on this zoning change to be attached to the river front beautification agenda. Before you vote look into your hearts and ask yourselves one question tmtlffully. Would you want this concrete plant to be built next to your back yard. Thank You for your time and consideration. Sincerely Tim & Amy Stierman Februa~ 11,2003 Dubuque City Council city Hall 50 W. 13th. Street Dubuque, tA 52001 Dear City Council Members: We are writing this letter to voice our strong opposition to the sale of lund, owned by Dubuque Southgate Development, south of Hwy. 61/L51 & Hwy. 52, lot 1 of Key Gate Center No. 2. We are convinced that the sale of this property to Apex Concrete, and the rezx>ning from PR Planned Residential, to MHI Modified Heavy Industrial, would create many problems for the people who live in this area, as well as people who regularly travel through this area~ Our property is located just north from the proposed Apex fight. Prevailing winds in this particular area generally come from the south. These winds would carry the large amounts of dust associated with a plant of this nature, directly toward our neighborhood. Add to this the mating sound of all the heavily loaded concrete trucks and dump trucks, slowly crawling the steep inclines of the plants driveway, as well as Hwy. 52. The southern exposure of our home directly overlooks this property and we would be unable to open our windows on this side of our home. It would be impossible to buffer our home, as well as the homes of my.neighbors, from the noise, dust, diesel smell, and the mammoth looks of a plato that will not fit into the surrounding views. Our neighborhood is predominantly residential, with a few commercial properties also located in the neighborhood. To introduce a Modified Heavy Industrial concrete plant into this area would stagnate any future development of this area, as welt as being detrimental to existing home owners property values. Another problem with a plant of this nature, will be the slow moving lrack traffic, added to an already congested area. Loaded concrete tracks entering Hwy. 52 will create considerable safety hazards. Fast moving Waffle traveling west on Hwy. 52 will be slowed to a crawl by these trucks entering and exiting the highway. There are already many serious, as well as fatal accidents, at the intersection of Hwys. 61/151 & 52, and the areas close by. The addition of the heavy slow moving truck traffic related to this plant would greatly increase these nambets. As you can see, the rezoning of this land and sale to Apex creates far too many environmental, safety, and aesthetic challenges. We believe all of these challenges can not be remedied, and Apex has not offered any reasonable proposals to address these concerns, quite to the contrary Apex and Dubuque Southgate Development have done their best to ignore the concerns of the neighborhoods located north of this property. A plant such as this should be placed in an area already zoned for industrial use, where it will fit in better with its surroundings, such as the, industrial park located off the N.W. Arterial orthe industrial park located off Seippel Rd. One more thing to consider is the reason the city wants Apex out of the fiver front area, to beautify the river front area, for tourism. Many of these tourist will be entering through the Hwy. 61/151 & Hwy. 52 "Gateway". First impressions being the lasting ~mpressions we would think that the city would want all of its "Gateways" to be as beautiful as its river front. By placing an unsightly concrete plant at the intersection of 3 main highways into Dubuque, you would be defeating the beautification process. Thank You for your time and cousidemtion. Sincerely Tim & Amy Stierman 99_70 Bellevue Height Rd. Dubuque, IA 52003 December 07, 2003 Letters to the editor Telegraph Herald 801 Bluff SI P.O. Box 688 Dubuque, IA 52004 - 0688 After attending the meeting of the Dubuque Zoning Advisor)' Commission on December 3, we must admit that our faith in government, as well as our faith in what governments purpose is, is greatly diminished. It is governments responsibility to do the will of the people. It is obvious to us that the Dubuque Zoning Advisory Commission ignored the will of the people, as well as neglected their responsibility to protect their fights. On December 3 this commission voted to approve changing zoning, to Modified Heavy Industrial, that would allow Apex Concrete to build a concrete batch plant, in an area that is mostly residential. The area also consist of commercial properties. These are the same types of businesses you would find next to many residential neighborhoods, as they compliment each other and "fit or belong" together. An Apex concrete plant does not belong next to a residential neighborhood. The vast mjority of people who live and work in this area, close to the intersections of Hwy. 61 and Hwy. 52, are greatly opposed to this spot zoning, that would force this ne/ghborhood to put up with the intrusive looks of this mammoth structure, annoying dust and noise, dangerous traffic problems, as well as being forced to compromise the safety of our children. On Monday December 15 at 6:30p. m. in the library auditorium the Dubuque City Council members will vote for the final approval or rejection of this drastic spot zoning. We hope that the City Council members will do the responsible thing and listen to what is clearly the will of the majority of the people in this area. Tim and Amy Stierman 9270 Bellevue Hgts. Rd. Dubuque City Council City Hall 50 W. 13m Street Dubuque, IA 52001 To Whom It May Concern. This letter is in reg~xds to the proposal to x~zone Lot l of Key Gate Cemt ez No.2 from a C-3 General Commercial to MI~ Modified Heavy Indnslxinl. The proposed area will be the new-home I~ Apex Concert Ham ffallowed to pass. This rezxming would disrupt a large area of residential ne/ghborhoods and also damage the Iranqullity of a nature preserve. The areas affected would be Table Mound Trailer Paxk, Bellevue HeiEht~. Metropolitan F~ght% and 1Wines Of Spain and EB Lyons, and a~y other homes nestled in the countryside around this are~ The planned rezoning is being brought to the board with the hopes of rezoning this area and plans of b~lding a cemeat plato on th~ site. Th~area was brought up for rezon~g earlier this year and was turned down by both the coum~ and~he city, xtone of the circo~ances h,~ve changed ginee then so why should this be allowed to pass? First of all we realize with the Riverfront Project moving ahead it is importam to relocate the cement plant from the area, but we also have bean lead to believe that the already existing industrial sites west of Du~ am:l south of Dubuqns were zoned in such a way to accomm~late this cement plm~t one side ancI rezone it to MHI whea there are areas zoned for this alreadY7 The area in Clu~ion to t~ rezonexl is the major gateway from the south into the City of Dulmque. ff this area is re~oned to accommodate industrial bnsinesses instead of new frienc~y residea~al neighborhoods, won't visitors have a splendid welcomlng into our thir city? Not to long ago a bnsinessman wanted to reloeate his salvage yard less fl~m a half mile from this site and he was torned down becanse o£the impact his salvage yard would have on the view entering the city, what makes ~ so diffe~eat? Oor nei~ sit directly norfla, av~,~,ir,~tely 500 yards from the proposed are~ We are spe~dng' from exporience whea we say we will not be able tn sit outside in the v~mer on oor decks or have our windows opon when there is a south wind blowing. Most of the summer we have a south or sotnfiwest driving ~ tile plato and it dnst. We will also hav~ m sme~l the sickening smell of e~hanst from the thinks either travding up the steep htT1 to the plm, or up the steep hill to the intersection of 52 South and 151/61 Scnah The summer they excavated thai area, the dust was so bad it was impossible to have windows open or sit outside. £,~o~a the plant itself will b~ chsmptive eno. Eh. not to mention the sound of the cement trucks climbing those hills, or the noise of the loads of materials being tl- ~m?d and also the beeping of the tracks as ~ back up. It's not exactly the sound ~f nalm~ that most of us in these residential neighbo~aoeds bought our houses to hca~. Then we have the concem oftra~c safety a~ the interse~on of 52 Southand 151/61 South. Anyone who traffic moving along Highway 151161 doesn't make it dangerons enough, we have the traffic from businesses in the area emering fln~n Gateway Drive and Beltevue Height omo 52 Sotak This is just up fxom where mm~nms cement tracks and dump tmcks will be emering thc highway if the r~zoning lmSSeS. The interse~on at limes throughout the day often has traffic backed up past the turn lane on 151/61 this leaving mining cars slnlng ont in the southbound lanes wailing umil the next light Traffic is also at~,n backed up dowa I-tighway ~2 South wa~ing for th~ tight em,~in_,~ danger with cms ente~g and eatering and exi~g area businesses. AIl of fl~is will be more complicated by ~dlng many cement tracks and damP u-tm~ to and already lmsy intersection, which has had 2 fatalities in the last year alone. Why mlre an- akeady b~ardous and busy intersection and toss more fuel on the fire to create a worse siVaalion? So in closing we wonder why when there are so may negalive for the area and the people involved would lhe board rezone thi~ to MHt inda~al? Especially when Dubuque nnd Dubuque County already have Please examine ~is r~zoning issue closely and do what is right for the people of Dubuque Coumy and not what is right for big business. 9269 Bell ~v~ae HeiEl~s Dubuque, IA 52003 K~'in and Lam'ie K¢ll~her 9237 Bellevue Heigh~ Dubuque, IA 52003 Dec~mber 8, 2003 Dubuque Civ/Council City Hall 50 W. 13~ Street Dubuque, IA 52001 Dear Cit~ Cmmcil, T~s letW~r addw. sses the propoaed ~ change to atlow Apex Concrete to build a new concrete batch facili~ in the c ouu ~,erclal/re~identJa! area juat sou~ of Dubuque. The proposed site was originally zoned fo~ planed residential use. Homes, wooded areas a~l a few comm~rciaFmmil businessca surround ~ Aa a nearby residen~ ~e are very hatch opposed c~0ns~uction of a concrete batch phmt on ~ ~te for obviooz rea~ona. These rea~ona include concern over the following, all of which remain real and unchanged d~plto recent mazking · Excessive noise from h~av-y, loaded trucks laboring up ~ · Dizt~cfing ~oackup" beops from c~raent ~mcks as n~quired by law · Increased traffic at an already busy intersec~on · L~s ofaes0aetic ~ · Dcgradatinn of property vaine · lr~proper use of prol~rty zad zoning. Apex has requested th~ ro-zoning of this property to Modified Hea~y Industrial. This is a bu~e leap al~d caTtses the mos~ concern fo~ ils. Is it not the lyarpose of zo~g ouiinallce to prevellt Ctissitllilax businesses from locaung in the same azea? Please correct the mistak~ made by the misguided Zooing Commission and vot~ a~sin~ the l~lu~t for re-zoning. Sincerely, Kevin J. Keileh~ Laurie A. Kelleher Dubuque City Council Re: Apex Relocation December 7,2003 Council Members: As residents of Highway 52 South we would tike to ask you to vote against the relocation of the cement plant to the Key West area. We are extremely concerned over the dangers this relocation would cause to so many who drive this road on a daily basis. Those of us who live and drive in this area already know the very real h~:,'~rds that currenUy exisit. The traffic coming from the KwikStop area have no stop sign and are constantly pu~ling out in front of highWay,traffic that has {he right of way. The carwash patrons cause~water-~o the highway pavement which fl-equently freezes and creates slippery conditions to the intersection. It is truly a dangerous area presently and causes one to have heigl~tened defensive driving skills to avoid car accidents. Adding industrial traff'rc to this area and intersection would be a catastrophe wa'~ng to happen. We all know how hard it is to gat things Changed when established and so oEen too many lives have to be lost to do so. You have the oppor~'unity to vote no and possibly prevent accidents from occuring. We ask that you put citizens safety ahead of the river project and this relocation. The city already relocated the logging company to 52 South and added increased truck traffic there. We also were effected when the dyer clean up brought'muck, mud, old rusty barrels and old tires to be dumped onto 52 South property. The sludge was slopped onto the highway and caused hazardous conditions. When we questioned it we were given the run around and then told the barrels were rinsed out before being dumped there. We know that wes not the case. After constant badgering the contractors were made to come and clean it up. However, we do not know about the tong lasting effects to the ground water and the ground will continue to need testing. Highway 52 is starting to foal tike the city's dumping ground. It is a beautiful area that should be protecte~ and the cement plant would act against that protection. The~azards are obvioas~nd~qe~i;olse anct~dast is nothing a~ly Of¥OU~WO~rd~nt for your homes so we ask that you protect us from it too. Move the plant to an area that is already industrial. Let a more suitable business in that area, such as a grocery store or small retail business. Thank you for your time and attention to this matter. Sincerely, Renes and Gary Williams 11126 Hwy. 52 South Dubuqe, Iowa 52003 (563) 583-3277 December 7, 2003 Dubuque City Council City Hall 50W. 13ca Stre~ Dubuque, IA 52001 Dear Cirg Council Members, We are writing this lefter in regards to rezoning of land owned by Dubuque Southgate Development. The property is located south of Iraglaway 61 and 151, and~is described As lot I of Keygate Center No. 2. We are greatly opposed to the proposal of rezorthag of such a drastic measure of C-3 General to MI-II (Modified Heavy Industrial). December 9~ Dubuque CTcy Coundl: Re: Proposed Apex Concret~ Plant: From: Marian Williams ! am having a difficult time thinking that this area could be changed from General C~nmercial to Modified Heavy Industrial. The dust and traffic congesb;on would be unreal. To star~ the baffic in that area is qu'~e heavy much of 'L'he day, with people corning from the southern pert of Dubuque County and from 3ackson County. 'Fnis area is mostly residential and should be maintained as such. W'fch homes near the proposed ama and the trailer perks next to and across ~ne road, it just doesn't seem like a ~avorable place to build a heavy industrial plant. Doesn~ the ~ own property that could be made available in a lesser popu~3ted area? Why not use some of that? ~r~h the tight budge~, ! ~ink some of the city existing property should be a viable alternative. In dosing, le~'s keep ~ area as General Commercial and keep the area mostly residential housing. Sincerely, Marian Williams 1120 S~vanna Drive Dubuque~ IA 52003 dr_., December 9, 2003 To: Dubuque City Council: Subject: Application of Dan Mueller, Re: rezone from residential, to heavy industrial. This letter is in regards to the rezoning proposal of the property mentioned above. My husband and I live at 8992 Metropolitan Hgts. Our neighborhood is yep/quiet, most of our neighbors are retired, we raised our children, paid our mortgages, etc. We have many t~ees in our area, the E B Lions nature center is across the road from us, a short three-minute fide takes us into the Mines of Spain, as per the Olde Massey road entrance. We and our neighbors choose to live in this area because of the peace and quiet we experience. Several years ago, when the property in question was leveled, (or developed), we could not leave our windows open or sit on our porch, due to the steady noise of dump-trucks, bull-dozers, and other heavy equipment, also because of the dust. Hwy 52 is below form our house, it is like a valley down there and any noise is brought up the hill like an echo! The noise from heavy dump-tracks is quite loud. As you know highways 151-61 south is also quite busy. The Intersections of 151-61 South and Hwy 52 is a very busy intemection with a steady flow of traffic, like the intersection of Asbury Rd. and J.F.K. School buses also cross the intersection to and from Table Mound School, and Washington Jr. High School. Hwy 52 is also called Iowa' s Great River Road; it parallels the Mississippi river on the eastern borders, from Missouri to Minnesota. Many tourists travel this Hwy, fi'om spring to late fall, in cars,suv's., on bikes and motorcycles. It is my wish hhat the zoning decision be reversed. Sincerely, Haunelore J. Plein 8992 Metropohm Hts. Dubuque, Iowa, 52003 December 9, 2003 To: Dubuque City Council: Subject: Application of Dan Muetler. Re: rezone from residential, to heavy industrial. When the zoning commission met on Feb. 5, 2003, ii was voted not to rezone, therefore I m asking the council to follow thru with the same. At the above meeting there was extreme opposition through out the neighboring area's of Bellevue Hgts, and Metropolitan Hgts. Most of our property, namely our homes, where build in the 50's. Peace and quite are ou~-mo~t ~tnp~rtant 0b~e~tiV¢.'Nois~, dust,-and lbng hbur~ O'f work by the above matter would be very detrimental to our well- being. There may also be a question of property de-valuation, which we are not now nor will ever be at our best interest. Let us focus on noise: 1. The environmental noise level as measured at the ear, is 92 dBA. 2. Most common ear protective devices protect to 21 decibels. 3. Caution: For noise environments dominated by frequencies below 500 Hz, the C-weighted environmental noise level should be used_ 4. No one in the neighboring area's of Bellevue Hgts, and Metropolitan Hgts should be forced to wear noise le{tel devices. Sincerely: Charles V. Plein 8992 Metropolitan Hgts Dubuque, lows 52003 TO: MEMBERS OF THE DUBUQUE CiTY COUNCIL PROPOSED REZONING OF PROPERTY FROM C-3 GENERAL COMMERCIAL DISTRICT TO MHI MODIFIED HEAVY INDUSTRIAL DISTRICT, THE SOUTHEAST OF HIGHWAY 52 AND HIGHWAYS 61/151 INTERSECTION - DAN MUELLER/APEX CEMENT PLANT. BECAUSE THIS PROPERTY TO BE REZONED IS IN THE MIDDLE OF A RESIDENTIAL/SMALL BUSINESS AREA AND WOULD BE COMPLETELY OUT OF PLACE AND TOTALLY INAPPROPRIATE TO THE AREA; 2. PUI-~ING HEAVY INDUSTRY IN THE MIDDLE OF A RESIDENTIAL/SMALL BUSINESS AREA WILL DEVALUE ALL OUR PROPERTIES AND MAKE IT VERY DIFFICULT TO SELL. 3. BECAUSE OF THE HEAVY TRUCK TRAFFIC THIS WOULD CREATE AT AN EXTREMELY BUSY/DANGEROUS INTERSECTION; BECAUSE THIS IS ONE OF THE MAIN ENTRANCES INTO DUBUQUE FROM THE SOUTH ON THREE MA3OR HIGHWAYS - 52, 61, AND 151. THE ROTARY CLUB IS IN THE PROCESS OF A FUND DRIVE TO MAKE THE ENTRANCES TO DUBUQUE BEAUTIFUL - THIS DEFINITELY WOULD BE AN EYESORE TO THIS IMPORTANT ENTRANCE TO DUBUQUE!! IT WOULD NOT HELP THE CITY OF DUBUQUE'S IMAGE TO HAVE TO THIS CEMENT PLANT SETTING ON THE TOP OF THE HILL FOR ALL TO SEE! I REALIZE THE CIT OF DUBUQUE WILL DO ANYTHING TO CLF. AN UP THE HARBOR AREA, BUT PLEASE DO NOT REZONE THIS PROPERTY AT THE EXPENSE OF OTHER RESIDENTS/BUSINESSES IN THIS AREA. THERE ARE OTHER LOCATIONS MUCH MORE SUITA_RI_E FOR THIS HEAVY INDUSTRY. WOULD YOU: LIKE TO LOOK OUT YOUR WINDOW AND SEE A BIG CEMENT PLANT NEXT TO YOUR PROPERTY? LISTEN TO THE NOISE CREATED BY THE PLANT AND THE HEAVY TRUCK TRAFFIC?. HAVE YOUR AIR POLLUTED? HAVE YOUR PROPERTY DEVALUED? I THINK NOT. THIS SITE IS ON TOP OF A HILL AND EXTREMELY VISIBLE FROM ALL DIRECTIONS COMING INTO/LEAVING DUBUQUE ' WHAT AN EYESORE FOR OUR CITY. THIS CEMENT DUST IS VERY ABRASIVE TO CARS AND HOMES, NOT TO MENTION THE HEALTH PROBLEMS. THERE OVER SIX EATING ESTABLISHMENTS AD]ACENT TO THIS AREA THAT WILL BE AFFECTED BY THIS DUST (RESTRAUNTS/GAS STATIONS W/FOOD). THERE ARE PEOPLE LIVING IN THIS AREA WHO HAVE SERIOUS LUNG CONDI'TIONS/ASTHMA AND THIS DUST WILL CAUSE THEM MUCH HARM. PLEASE, PLEASE THINK VERY, VERY CAREFULLY. DO NOT PUT A HEAVY INDUSTRIAL PLANT IN THE MIDDLE OF A RESIDENTIAL/SMALL BUSINESS AREA DO NOT APPROVE THIS REZONING REQUEST. 3oyce A. Ford 8930Metropolitan H~ghts Dubuque IA52003-7005 588-~341 December, 8 2003 Dubuque City Council City Hall 50 W. 13th. Street Dubuque, IA 52001 Dear City Council Members: We are writing this letter in response to rezoning of land owned by Dubuque Southgate Development, south of Hwy. 61/151 & Hwy. 52, lot I of Key Gate Center No. 2. We are greatly opposed to the drastic rezoning from C-3 to MHI. After living in our home for almost 50 years we have watched this area grow and develop and bdng with it agreat amount of traffic. Bdnging with that agreat amount of traffic fatalities. We believe introducing even more large slow moving truck traffic, would further dsk all ddvers, not to mention we the elderly on this frequently traveled highway. We also believe that the Apex concrete batch plant would create many problems for the people who live and work in this area, as well as people who regularly travel through. We further believe introducing Modified heavy industrial into this area, which is mostly residential, with a few commemial properties, would be detrimental to home owners property values. We urge you to do the dght thing and vote against this proposed zoning change, for the sake of the residence that live in this area. Thank you for your time and consideration. Sincerely John Cavanaugh Rita Cavanaugh Oec. 6,2883 Letter to the Editor Bad Parenting Or Bad Zoning At The Dec. 3, 2883 meeting of the Dubuque Zoning Advisory Commission, when the board members were debating the placemen! of the Apex Concrete Plant next to a residential neighborhood, Martha Christ asked the Question" What if a child were to wander onto this property and get hurt?". The reply from Dick Schiltz was '' That would just be bad parenting". Mr. Schlitz appears to imply that when you stick a Modified Xeavy Industrial zoned Apex Concrete Plant, right next to a neighborhood with children, that the responsibility of the safety of the children should fall soley on the parents, and not on the improperly placed heavy industrial site with dangerous heavy equipment there. As a parent with small children, I know, as should Mr. Schlitz, that good parenting not only includes supervising your children, but also keeping dangers out of their reach, because as all good parents know there is no way to watch your children 24 hours a day, and children will be curious and want to check out the danger (i.e. Apex Concrete), when their parents are not looking. There are no residential lots for sale in industrial parks for good reason, residential and heavy industrial don't mix. Why then did the Dubuque Zoning Advisory Commission vote 7-8 in favor of allowing a modified-heavy industrial ( Apex Concrete) plant so close to a highly populated residential area with many children. Sincerely Gary Cavanaugh To: Dubuque City Council Re: Rezoning for Concrete Batch Plant US 521151,61 I wish to detail two areas of considerable importance to me and my family that ap~'y to e!! who drive US 52. The first is the issue of traffic flow and safety. Loaded concrete trucks are going to enter a 2 lane, 55 mph highway on an uphill grade from a driveway located 800 feet from the intersec'don of two US highways and a frontage road. Track drivers say that a loaded concrete truck wilt not reach 5 mph on this grade. The projected rate is 15 ~'ucks per hour, Vehicles accellerating south on US 52 from the busy intersection will have to immediately stop for a slow t~ck turning into the plant entrance. A left turn onto US 52 from US 61f151 is dangerous now when the turn lane fills up and vehicles are backed up, blocking the straight lane. This was the site of a recent fatal motorcycle accident. Concrete trucks and semis carrying aggregate will exacerbate the congestion. I would encourage each member of the Council to look at the propo,~gd site with traffic issues in mind. The second issue that I want to address is aesthetics at a gateway to our dty. This entry to Dubuque is still a rather 'clean slate' in terms of beauty and present use. The proposed 60 foot tall plant will stick out like a giraffe among horses. Essentially there are no structures ~ tall beyond downtown, or college and religious campus areas in our city. Further, the placement of this operation seems to be incongruous with US 52's status as the 'Great River Road' (1976) and recent designation as a National Scenic Byway (June 2000). Please consider these issues along with those of the petitioners who have wide and varied opposition to this zoning change. Respecttu~j subrn~ed, Richard Kaufman 6547 Massey Stn. Rd. Dubuque, IA 52003 (563) 556 1623