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Zoning SE Hwy 61-151 52 ApexIowa Department of Transportation Dyersville Area Engineering Office 14117 Route 136 N. (P.O. Box 325) Dyersville, Iowa 52040-0325 January 5, 2004 PHONE: 563-875-2375 FAX: 563-875-2388 REF: 471 Dubuque County Mr. Daniel Mueller Dubuque Southgate Investments, LTD. 590 Samuel Street Dubuque, Iowa 52003 Dear Mr. Mueller: We have received your letter dated December 30, 2003 requesting clarification of issues that have risen dmSug the APEX re-zoning hearings. I will address each question in your letter numerically. The responses are as follows: The Department has reviewed your preliminary request to extend the existing mm lane on US 52 and would look favorably on such a request as tong as current design and policy guidelines are met. To date there are no outstanding issues that would appear to create an unfavorable situation that would not allow approval for such. However, note that this is comingent on submittal of a final plan design and further Departmental review. The Department does not have the authority to dictate what kind of vehicle can use a public entrance. Hence, whether or not the access is allowed as a Type "A', "B', or "C" the type of vehicular traffic is not limited to any particular type of vehicle. For your information, the current Access Policy dated November 2003 shows examples of types of usage for a Type "B" entrance which include service stations, small businesses, drive in banks, or light industrial plants. So I would consider the access in question to be correctly identified and permitted as a Type "B'. Note that we issue the permits types predominantly based on current or proposed usage that best fit the applicants needs. P~e2 o The last issue concerns the issue of %vhy" a slow lane or climbing lane was not constructed on the project. Simply stated, it was not included as part of the project because it was not warranted. While everyone had a differem view on what is and what is not "needed" the Department reviewed the project and based on need, cost issues, policy guidelines, and design criteria decided it was not justified. Note that this is especially tree where traffic should be slowing to approach a possible stop situation at a signalized intersection. I hope this answers your questions, but if you need further assistance please feel free to contact me. } C,C/sjb Engineering Operations Tect~ cc: DSE file PHONE: 563.589-4441 FAX: 563.589-7884 EMAIL: brdofsup@dbqco.org COURTHOUSE DUBUQUE, IOWA 52001-7053 I-I January 2, 2004 Mayor Terry Duggan Dubuque City Council City Hail 50 W. 13t~ St. Dubuque, Iowa 52001 Dear Mayor Duggan and Members We are contacting Company which comes before you on regularly scheduled meeting. ;ed relocation of the Apex as an Action Item at your We haVe been a zoning who strongly feel that borders county residential e in opposition to the planned re- ' which Their concerns comprise Eric To: Dubuque County Board of Supervisors From: R~hard Kaufman Re: Jan 2, 2004 Supervisors Meeting. Action Request. On behalf of myself and 791 others who signed petitions in opposition to a proposed City of Dubuque rezoning of property at US 52 So. and US 61/151 for the Apex Concrete batch plant I request the following: 1] Placement on the agenda to present an a~on request_ 2] Time for one or more of us to make a presentation to supervisors asking them to resist the efforts to rezone. This parcel is bordered almost exclusively by property under Dubuque County jurisdiction and zoning. We feet that this use is a incongmus misfit at this transition area between Dubuque and Dubuque County. Respectfully s u b~.~;~e~,.,~,~//~ Richard Kaufman' ~. -- '', /' 6547 Massey Sth Rd Dubuque IA 52003 556-1623 5901360 Ici December 27, 2003 To the Dubuque County Board of Supervisors: I am writing this letter to request a spot on the agenda for your .lan. 2, 2004 meeting. I wish to present to the board information in opposition to the zoning change presented to the Dubuque City Council on Dec. 15, 2003. This zoning change, (concerning property owned by South Gate Development, described as South of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2 ) would change the zoning on this property to MHI, to allow Apex Concrete to build a concrete batch plant at this location. Despite 792 signatures in opposition to this zoning change, it appears the city council intends to vote in favor of this change and disregard the vast public opposition. This area is predominantly residential, and we believe the dust, noise, traffic, and danger to children, will be detrimental to the many residents who live in this area. Property values in this area will suffer, as well as further development which includes city as well as county jurisdiction. I ask that the Dubuque County Board of Supervisors review this information, with the hope that you will take a stand in opposition to this drastic zoning change. Thank You for your time and consideration. Sincerely Tim Stierman 9270 Bellevue Hgts. Rd. Dubuque, IA 52003 December 27, 2003 Dubuque County Board of Supervisors Dubuque County Courthouse 720 Central Avenue Dubuque, Iowa 52001 Re proposed Apex Cement plant at Hwy 52-6I-t51 Intersection.. Dear Messrs. Manternach and Waller and Ms. Smith: I respectfully request that you indicate to the Dubuque City Council the concern and antipathy felt'by Dubuque County residents at the prospect ora huge 6-story-tall cement plant being constructed at the ske proposed. - - Our family owns five separate parcels of property (two inside Dubuque and three outside), all of which would be adversely affected by the proposal in question. The huge structure, which will dominate the skyline and view from miles around, and from three highways entering Dubuque, is opposed by virtually everyone living in · .Southwest DulS~lue. aud"s~uthwest o~ Dubuque Lu the county. I do believe there's a bit of elitism involved in a city saying that, although we. wouldn't subject our citizens and small bnsinesses to the cement batch plant's operations, it's perfectly all right to subject county residents to the very same conditions. What if instead of being surrounded by hundreds of mobile homes and homes of somewhat modest value the plant were surrounded by, say, just a dozen of the homes located only a mile northwest in. Mama Ridge? Yet some 800 persons signed petitions (and many more didn't have the opportunity to do so) objecting to the batch plant's location, all without apparent effect. If ours is a representative government--and of course it is it seems to me that this is an issue on which it would be appropriate for our Board of Supervisors to express themselves. Please ~ve this matter your thoughtful consideration and listen to the voices of the people. Thank you. The Zwack FamP~ December 31, 2003 45 Jones Street Dubuque, IA 52004-0209 (563) 582-1208 Honorable Mayor Terry Duggan and City Council Members Ci.t[ of Dubuque 13~and Central Avenue Dubuque, Iowa 52001-4864 Re: Dubuque Southgate and Apex Concrete Re-zoning Request Dear Mayor and Ci~ty Council Members; The purpose of this letter is to help qualify our position on a new access road and turning lane being built on the proposed Southgate property that Apex would be occupying. Apex Concrete strongly supports Mr. Mueller's efforts for a new access road and turning lane. Upon the Dubuque City Council's zoning approval we will be supporting Dubuque Southgate Investment Limited's efforts by supplying product for the project. Construction and paving of the turn lane and access road is part of the purchase agreement between Apex Concrete and Dubuque Southgate Investment Limited. Respectfully Yours, Dennis J. Thier President, Apex Concrete Dubuque Southgate Investments Ltd. 590 Samuel Street Dubuque, Iowa 52003 December 30, 2003 Honorable Mayor Terry Duggan and City Council Members City of Dubuque 13t~ and Central Avenue Dubuque, Iowa 520014864 Re: Dubuque Southgate and Apex Concrete Re-zoning Request Dear Mayor and City Council Members: Please find attached a letter of request for information from the IDOT regarding certain issues with respect to our planned improvements to the access to Hwy 52 for Apex Concrete. I am hopeful that Bruce Chrystal will be able to respond to my request for clarification of IDOT position prior to the scheduled January 5th meeting. However to provide some written response regarding the traffic concerns at this point I would like to provide the following comments: The proposed site is a 10 acres parcel upon which more than one business could be located with the current C-3 district zoning. Such businesses would have access to Hwy 52 at the approved access point planned for Apex. This access allows truck access now, therefore such businesses would have the ability to have trucks entering or leaving by this access. We feel Apex would create a lower frequency of access than would many of the allowable C-3 businesses especially given more than one business could exist here. There exist on Hwy 52 several current businesses that have more track traffic than would be generated by Apex. Those access points are located at points along the highway where traffic speed is at speed limits. These vehicles are neither just departing from an intersection nor approaching a major intersectior~ At none of those business access points are there either acceleration lanes or turn lanes explicitly provided. In addition those access points are located in no passing zones and near curves in the roadway. During the upgrading of Hwy 52, widening and construction of slow 3ra lanes, the speed limit was increased from 50 to 55 mph. On highway 61/151 as it approaches the intersection with Hwy 52 the speed limit is set at 45 mph. As many feel this intersection is a concern for safety I would propose that the speed on Hwy 52 also be reduced to 45 mph prior to the Hwy 61/15 t intersectiora This is within the control of the IDOT and I can only suggest such a change. I expect that with the support oftbe City a 45 mph limit could be established. R is not clear why during the upgrading and improvement to Hwy 52 the IDOT did not construct the 3rd lane for the near ½ mile distance preceding this intersection, but I expect this relates to the ][DOT not wishing to allow faster vehicles to approach the intersection without limitations. Slower vehicles prior to an intersection promote safety rather than produce a safety concerr~ I have requested that the IDOT give us some understanding as to why the 3*d lane was not built when our property was clearly established as a commercial development and the Type "B" access had already been granted to us. CC.' It's a given that anywhere traffic enters a roadway there is increased potential for accidents, but we allow access throughout the State to two lane roadways without mandated turn lanes and pass lanes. Some examples on Hwy 52 are Bellevue Heights Rd., Settlers Lane to River City Quarry, Dubuque Hardwoods access, Olde Massey Station Rd. to the Mines of Spain, Lombardi's, Massey Station Rd., plus numerous farm and field driveways. In addition farmers are allowed to drive upon these 2 lane roadways with farm equipment with limited lighting and operator visibility and widths over 14 ft. at farm equipped travel speeds. School buses drop off and pick up our children. Vehicles approaching school buses and farm equipment are required by State law to slow to allow them to travel the roadway and enter and leave at approved access points. Many older pieaes of farm equipment do not even have the benefit of turn signals. Should these vehicles be struck by highway vehicles the laws provide protection for damages and injury caused by such accidents. Hwy 52 is not a limited access, high-spead roadway, but a farm to market roadway that permits vehicle access at numerous points as approved by the IDOT. This access provides no greater safety hazard than do the many other access points along Hwy 52. It has good visibility from both directions. Traffic approaching this point is either just leaving or approaching a major intersection and should be more alert and moving slower than at other points along the open roadway. This is not to say that we all could not get to where we are going faster should other vehicles not get in our way as we travel to our destination. The highways are designed for vehicle travel to include trucks. Dubuque Southgate Investments and Apex Concrete are fully prepared to extend the northbound mm lane as proposed. However, we are required to have engineering plans submitted for construction approval to be granted by the IDOT. We have employed IIW Engineers to do that but they have not completed that task to date. It was not anticipated that this would be required prior to re-zoning approval. we greatly respect the concerns of the Council and the people who travel this roadway daily for all our safety and we wish to do what we can to provide a safe driving experience for all that pass our property. R~peetfully yours, Daniel J. ~u-'eller; V. President Dubuque Southgate Investments, Ltd. Kyle L. Kritz, Associate Planner, Plann/ng Services Jeanne Schneider, City Clerk Dennis Thier, APEX Concrete Dubuque Southgate Investments Ltd. 590 Samuel Street Dubuque, Iowa 52003 December 30, 2003 Bruce Chrystal IDOT Engineering Operations 14067 State Rd. 136 Dyersville, IA 52040 RE: Dubuque Sonthgate Investments Access to Hwy 52S Dear Bruce: As you are aware we have been in the process of seeking a re-zoning of a portion of our property for Apex Concrete to operate a concrete batch plant. We have recently been issued permit # 21-2003-13 permitting the construction of a paved entry to Hwy 52 from our property by the IDOT. I would greatly appreciate clarification of some issues that remain with the Dubuque City Council regarding the IDOT's position regarding our plans at this access point. First, to minimize the impact to traffic flow at th/s point it is Dubuque Southgate Investments' plan to request approval by the IDOT to extend the current 720 fi. long northbound turn lane some 150fi. eastward on Hwy 52 to allow traffic entering Hwy 52N to move into this lane thereby allowing immediate passage by other northbound traffic as the slower accessing vehicles approach the intersection of Hwy 61/151 & 52. We have employed the services ofltW Engineers and Surveyors to design this extension with consideration oflDOT standards and plan to submit the proposed plans to you within the month of January 2004, for approval to construct this extension~ I understand it is premature to request acknowledgement oflDOT approval of such an extension, but I would like to have explained for the Council any reasons the IDOT might deny such an extension given construction would comply with IDOT standards. Second, it has been stated by the opposition to our re-zoning request that our Type "B" access doesn't permit track usage. Can you please clarify any restrictions that exist with regard to the type of traffic permitted to use this access? In addition, assuming that tracks are permitted can you also indicate if the IDOT has any specific concerns regarding trucks entering or leaving Hwy 52 at this point, to or from our pmpcmy? Does the IDOT consider there to be a need for any special signage, lighting, warnings or speed restrictions that should be provided in addition to our proposed turn lane extension? (Note the projected peak truck traffic resntting from the operation of the Apex Concrete batch plant to be 15 track passages per hour. We understand that the Type "B" access permit is for access roadways having up to 150 vehicles / hour. The concern being that this access will primarily be used by trucks, concrete tracks, damp tracks, and some semi aggregate and cement delivery trucks). Third, can you provide some understanding as to why the IDOT, with the recent upgrading / improvements to Hwy 52 between Bellevue and Hwy 61/151 intersection, did not construct a 3rd "slov~' lane over the near ½ mile Northbound upgrade to th/s intersection when slow lanes were constructed on all other upgrades on Hwy 52? I respectfully understand that this request for feedback comes to you with limited time to respond, but it would be greatly appreciated if we could receive a written response before the next scheduled Dubuque City Council meeting on 5 January 2004. I would be glad to be the courier of your letter should you be able to provide it by this date. Sincerely yo~ur~ Dubuque Southgate Investments, Ltd. CC.' Kyle L. Kritz, Associate Planner, Planning Services Jeanne Schneider, City Clerk Dennis Thier, APEX Concrete I December 30, 2003 Honorable Mayor Terry Duggan and City Council Members City of Dubuque 13th and Central Avenue Dubuque, IA 52001 Dubuque Southgate D~velopment Engineering for Northbound Turn Lane Extension IIW Project No. 03225-00 Dear Mayor and City Council Member: At the request of Dan Mueller we are Writing this letter to confirm that we are providing engineering services for submittal ora formal application to the Iowa Department of Transportation to construct an extension to the turn lane on U.S. Highway 52 to serve the proposed Apex Concrete batch plant. This pennit is intended to improve truck entry to Highway 52 fi'om the planned concrete plant site by allowing tracks to immediately enter the turn lane that at ' present does not fully extend to the site entrance intersection. We are presently conducting field survey work to gather the information needed to prepare the plan. Once completed, the plan w/Il be submitted to Brace Chrystal for IDOT review and approval through the IDOT permitting process. We will also provide copies to the City of Dubuque engineering department for their review. We will conclude this application as soon as possible. However, we do not know if the IDOT will be able to issue a permit by the 19th of Jannary. Quite often they need enough time to visit the site and make a field inspection once they have the application in hand. Sincerely, I1W ~ENG/~?EE~;S AND SURVEYORS, P.C. CC; Dan Mueller, Dubuque Southgate Development ilW Engineers & Surveyors, P.C. Dubuque. iA Hazel Green. Wi IN'TECR!TY. EXPERTISE. SOLUTIONS. Dennis F. Wau?. PE/SE Char:rs A Care. PE Gar2, D. 5ejkora. PE Michael A. Jansen. PE/SE Ronald A. Balmer. PE/SE John M Tranmen PES Timothy J. Tranel. PE John F Wandsnider. PE Julie E Neebeh PE Jam~s E Kaune. PE Thomas J: Oster PLS Wra~ A. Childers PLS Geoff,D T. Blandin PE Ci'd! En~jineefing Structur~A Engineering F~nvironment:J Engineering M unicipal Englneedng Iowa Department Of Transportation Office PHONE: 563-875-2375 Area Engineer~ 14117 Route 136 N. (P.O. Box 325) FAX: 563-875-2388 Dyersville, Iowa 52040 Ref. No.: 471 December 5, 2003 Dubuque County Permit #31-2003-13 Mr. Daniel J. Mueller Dubuque Southgate LTD. 590 Samuel Street Dubuque, Iowa 5203-7832 Dear Mr. Mueller: Attached find your approved copy of Entrance Permit #31-2003-13 to construct a single Type "B" entrance along US 52 within the City of Dubuque. Please notify this office when you have completed construction of the entrance. A field inspection will then be made to check for compliance with the permit stipulations. If any non-complying aspects are found, they will need to be brought into compliane~. Please note under stipulation D.1 on the reverse side of the application the permits expiration dates. This copy is for your permanent files. Engineering Operations Tech. BGC:sjb ATTACHMENTS cc: DSE file Dave Shanahan, HMS-Dubuque/Dyerswille - w/attachments Dave Widick, Traffic and Safety-Ames w/attachments Jim Sctmoebelen, Asst. Dist. Eng.-District 6-C/R w/attachments Mitre Koch, City Engineer/City of Dubuque w/attachments %'1 ~ Bruce Chrystal, Engineering Operations Tech. P.O. Box 325 Dyersvil]e, IA. 52040-0325 563/875-2375 Authorized Hignway Division Representative Address Telephone Number ENTER PREPARER'S NAME ADDRESS AND TELEPHONE NUMBER ON BLANK LINES ABOVE, LEAVE REMAINING TOP PORTION BLANK FOR COUNTY RECORDER'S USE Fern1 S40004 ~l~ Permit No, 31-2003-13 s3~owo Iowa Department of Transportation HIGHWAY DIVISION Highway US 52 County Dubuque · ENTRANCE PERMIT {Application for Permit to Construct Entrance from Pdvate Properly to Pdma~y Road or Pdmary Road Extension) Project STPN-52-2(68)--2j-31 Expiration/Comoletion Date Nov. 1 2004 APPLICANT: APPLICANT'S SIGNATURE AND AGREEMENT Dubuque Southgata LTD. 563/589-5595 Address 590 Samuel Street (Telephone No.) Dubuque. iowa 52003 November 19 20 03 (Town/City) (Zip Code) (Date) A Dermit is hereby requested to ~ construct, [] widen. [] or modify a ( [] Joint or [] Single) ([] Type A: [] Type B, or [] Type C entrance being 45' EVB feet in width from right of way line to primary road traveled way, including necessary drainage structure thereunder au (MP~ 043.781 ) or station 1041 95 Lt/South side. The entrance shall be constructed with 40 fi:. radius returns or 2:1 tapers as noted ir the a~ached exhibits NOTICE: ConstrucEon of the entrance shall be completed within one year from date of Department approval· (if not constructed by this date or if an extension is not granted in wdfing by the Department, this permit is null and void.) EXHIBIT OF ENTRANCE AS PROPOSED TO BE CONSTRUCTED IS ATTACHED TO AND iS A PART OF THIS APPLICATION (Form 640002) z 01 88N __ Proposed entrance is located on Primary Road No. US 52 , in Sec. T. . R. 2E ~- :-: ;n Dubuque County, within , Mi;es the (direction) from City of Dubuque (city, "o _o uJ county line or other land line} and more specifically described as follows: . ~ ~ Proposed Type "B" entrance at Station 1041+95 on the Lt/south side. m We, the undersigned, ara the owner, or owners, of record, or the legal and duly authorized representative of the owner, of the properly abuNing the Primary Road between Station 1031+81 (MP~ 043.589 ) and Station 1047+30 (MP# 043.882_ ) on the Lt/South_ side aha agree that we shall save the State and the Iowa Department of Transportation harmless of any damage or losses that may be sustained by any person, or persons, on account of the conditions and requiraments of this agreement or if the entrance is not constructed within one year from date of Depadment approval as noted below, shall render this agreement and request null and void. The applicant, by signing this application acknowledges he or she has read the requirements of the Department as stated on page 2 of this app cat on, understands and agrees with all of the stipulations and Will abi.de, by each in the construction and maintenance ofthe access location requested. Address Signar~ce Address Dubuque Southgate Ltd. c~/'/"/"~,/ NOTARY PUBLIC NOTE: Applicant shall b~Q. mepon.,sjbl~yt'or obtaining "Acknowleagement;Notar[zafioa,,:~ On this ,before me j~ ~ otsry Public in and for said < $tatao q<,eraonall, appeara' and execute the foregoing instrument, and acknowiedge, that the governmental recommendatioi~ as noted betow: [~ecommend Appraval [] Recommend Denial .~ 20 <3~ ~.wn~"5~e per so ~) n am e,~l i~a n d who cured the sam~ as a ~o'lunta]~a~t and deed, ~PJ ' ' andforsaidState esentative whe~ the request is lecated nd the county has a zoning authority and for [] Recommend Approval r-}'Recommend Denial Date 2O Department of Transportation Action: ~APPLICATION APPROVED [] APPL CATION DENIED On behalf of the Department of Transportation, H ghway Division, the above action has been taken on this application this BY: .~ ..~Z'~'! · ~/~'/).~./4A ~ EngineefingOperationsTech. o~ · e Bm~ Ch~stal Engineering Operations Tech. ~ype or Pdnt Name) ~i~e) .~ Notice of the cons~cfion staA date is to be given by the appNcant 48 hours in advance of actual construction to the following: ~ Bru~ Chisel, Engineering Operations Tech. P.O. Box 325 Dyersv~]ie. ~. 52~0325 563/875-2375 mayT° berecordrecordedthe approvedbY State fOrapplication,applicationsif desired.°n all Primary Highways except the PHority VI System. On the Priority VI System the applicant u !i~U,lUU~'-o---''~' 9 q ]o ~IU~D JO IBAoaddE eUlLLUelSp Oj uo~gJJodguEJ/~o uoLupedoO euJ ~q p~sn oq II M UJJO~ mq UO UO.ImLUO]U! Sql 31-2003-13 ,APPROX. STA. 10~7+30 ~APPROX. STA. 1046+81 / SOUTH GATE --OENTER /;'SECOND NORTH GRAPHIC SCALE 0 lO0 200 DRA~NC MAY qAVE BEEN REDUCED I SOUT~IGATE CENTEt~, ~ 52 S. 31-2003-13 ...,/,--APPROX. STA. 10q-7+50 ~ STA. 1046+81 ,/---APPROX. / / / '/ '~ / LOT /( SOUTH GATE '~ENTER ~L- ..-? SECOND ADDITION < / :E OF gENTER NORTH GRAPHIC SCALE 0 100 200 1" = 100' DRAWING MAY HAVE BEEN REDUCED APPROX.~ ~ STA. 1031+81 i // SOUT~IGATE CENTER, I-IWY 52 S. APPI~OX. I~OAl) STA. AT PI~OPEI~TY COt~N3BI~S ~ IIW ENGINEERS & SURVEYORS, P.C. D~,bLic?, tA To: Dubuque City Council Re: Rezoning for Concrete Batch Plant US 52/151,61 I wish to detail two areas of cor~iderable importance to me and my family that apply to alt 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 drk/eway located 800 feet from the interse~on of two US highways and a frontage road. Truck drivers say that a loaded concrete truck will not reach 5 mph on this grade. The projected rate is 15 trucks per hour~ Vehicles accellerating south on US 52 from the busy intersection will have to immediately stop for a slow truck tuming into the plant entrance. A left turn onto US 52 from US 61/t51 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 Coundl to look at the proposed site with traff~ issues in mind. The second issue that I want to address is aesthetics at a gateway to our city. This entry to Dubuque is still a rather 'clean slate' in terms of beauty and present use. The proposed 60 foot tall plant wilt stick out like a giraffe among horses. Essentially there are no structures this 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' (t976) and recent designa*don 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. Respectfu~y ~mitted, Richard Kaufman 6547 Massey Stn. Rd. Dubuque, IA 52003 (563) 558 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 -naeceptable 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. 7 8 9 - 10 12 13 14 t5 16 17 19 20 21 22 Address We, the und0rsigned, are residence, and workers in close proximity to property owned by Southgate Development, soufl~ 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 flaat 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 predominaatly residential, and heavy indus~al use of this land would aot aesthetically fit into our surroundings. We, flae undersigned, ask that you reject tiffs zoning change, as it would be detrimental to the safety, enjoyment, and value of our properties. 23 24 25 26 27 2~ 29 3O 3~ 32 33 34 35 36 37 Address 39 41 42 43 44 We, the undersigned, are residence, and workem in dose proximit), to prope~ o~med by South~mate Development, south of Hv,3,. 61/151 mud H~?. 52, Lot 1 of Key Gate Center No. 2. 'Ne are greatly opposed to the proposed drastic rezoning of this land from C-3 General Commercial to iv[l-iI Modified Hea~3, Industrial. We believe that allocating this non conforming zx)ning change at this location would create unacceptable levels of dust, ncnse, as well as creating '~'ery ~n~er~s ~r~/c probi~_-m,s in a~ ~re, ady congested are~ Th~s ~ is predc~r~mnfly r,~c~i~ii'al, m~d hcavy h~d~shSal u~ of '~hia land wo~dld not a~s~hefi~y fit ;into om- sm~wmn-'-,lJags. We, the undersigned, ask that you reject this zoning change, as it would be detrimental to the safety., enjosment, and value of our properties. Signature Address ~t 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-H 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 safety, enjoyment, and value of om'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 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 cream unacceptable 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 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 We, the undersigned, are rosidence, and workers in dose proximity to propet~y owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are g~eatly opposed to the proposed drastic rezoning of this laud from C-3 Genera] 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 safety, enjoyment, and value of our properties. /15 //7 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 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 heav3~ industrial use of this land would not aesthetically fit into our surroundings. W~, 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 02- 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 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 indus~al 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. fa,/ /~5 I~7 I~? 171 Signature Address /78- 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 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 MHI Moddied Heavy Industrial. We believe that allo ,wing 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 area. tra~c in 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 rejec~ this ZOning chunge, 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 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 lVlHI Modified Heavy Industrial. 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 are,x 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 delrimental to the safety, enjoyment, and value of our properties. Signature Address We, the und~signed, are residence, and workers ia dose proximity to property owned by Soulttgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We am greatly opposed to the proposed drastic rezoning ~f thi.q land fxom C-3 General Commercial to MI:II Modified Heavy Industrial. We believe that allowing this non conforming zoning change at this location would create nnacceptable levels of dust, noise, as well as creating very dangerous traffic problems in an already congested are~ This area is p~lominantly residential, and heavy industrial use of thi.q land would not aesthetically fit into our surroundings. We, the undersigned, ask that you reject thin zoning change, aa it wollld 1~ de~imental to the safety, enjoyment, and value of our propertie& 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 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 MI-II Modified Heavy Indestrial. We believe that allowing this non conforming zoning change at this location would create unac~ptable 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 thi~ zoning change, as it would be detrimental to the safety, enjoyment, and value of our proporties. 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 Centex No. 2. We are greatly opposed to the proposed drastic rezoulng 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 tocatiun 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 austhetically fit imo our surro~d'mgs. We, the undersigned, ask that you reject thi.~ zoning change, us it would be detrimental to the safety, enjoyment, and value of our propertie~ Signature Addre~ e, the undersigned, are residence, and workers in dose proximity to property owned by thgate D elopm th of Hwy. dHwy Lot 1 of Key Gate C 9S ou ev ent, sou 61/151 an .52, enter No. _. 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 create unacceptable levels of dust, noise, as well as creating ver,- dangerous traffic problems in an already congested area. This area is predominantly residential, and beavy 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 We, the undemigned, 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 Induslrial. 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 probtems in an already congested area~ This area is predominantly residential, and heavy industrial use of this land would not aes~etically fit into-our surroundings. We, .the undersigned, ask that you reject this zoning change, as it would be detrimental to the safety, ~jo~nent, 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 i of Key Gate C~nter No. 2. We are greatly opposed to the proposed drastic rezoning of this land from C-3 General Commercial to MHI Modified Heavy Induslfial. We believe that allowing this non conforming zoning change at this toca6on would create unacceptable levels of dust, noise, as well as c-zeating 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 sttrroundings. 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 prope~y 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 rezoinng of this land from C-3 General Commercial to MHI Modified Heavy Industrial. We believe that allowing this non conforming zomng 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 ~>redominantly residential, and heavy industrial use of this land would not aesthetically fit into our surroundings. We, the undersigned, ask tlmt you reject this zoning change, as it would be detrimental to the safety, enjoyment, and value of our properties. Signature Address 33'3 33b V~We, the undersigned, are residence, and workers in close proximity to property owued 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 Mill 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 surrounding~ 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 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 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 tiffs 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, 20~3 Dubuque City. Council City Hall 50 W. 13tN Street Dubuque, IA 52001 Dear Dubuque City Council Members: Enclosed you will find a copy of our previously va'itten letter conceming the rezoning 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 743 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 stated 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. Instead 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 IVlHI. 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 fight next to a residential neighborhood. With the help of the GDDC sponsored power poim presentation, all of the major problems the Zoning Adviscxy 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 sumcture 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 crawl to,yard 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 concre/e 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 mount 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 Membem: Enclosed you will find a copy of our previously mitten letter concerning the rezoning 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 disappoinmaent 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 favo~ 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 stated 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. Instead 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 inllated vehicle numbers presented to the commission, not to mention these vehicles will be crossing the highway fully loaded, and slowly crawl 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 modem concrete plants will emit dust. and noise. And evea though the amoum of dust and noise may be O.K. 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, in fact one commissuoner 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 Schillz. Someone with that casual of an attitude toward children~ safety should not be serving on any commission under any circumstances. After taking these facts into consideration, one has to wonder if these cormmssioners 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 dyer front area. 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 tc do the same and not allow your decision on this zoning change to be attached to the river front beautification agend~ Before you vote look into your hearts and ask yourselves one question truthfully. Would you want this concrete plant to be built next to your hack yard. Thank You for your time and consideration. Sincerely Tim & Amy Stierman February 11,2003 Dubuque City Council City Hall 50 W. 13th. Street Dubuque, IA 52001 Dear City Council Members: We are writing this letter to voice our strong opposition to the sale of land, owned by Dubuque Southgate Development, south of Hwy. 61/151 & Hwy. 52, lot 1 of Key Gate Center No. 2. We are convinced that the sale of this property to Apex Concrete, and the rezomng 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 sight Prevailing winds in this particular area generally come from the south. These winds would carry the large mounts of dust associated with a plant of this nature, directly toward our neighborhood. Add to this the roaring sound of all the heavily loaded concrete trucks and dump trucks, slowly crawling the steep inclines of the plants driveway, as well as Hwy. 52. The southern exlx~ure 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 plant that will not fit into the surrounding views. Our neighborhood is predominantly residential, with a few commercial properties also located in the neighborhood. To introduce a Modified Heavy Industrial concrete plant into this area would stagnate any future development of this area, as well as being dettimental to existing home owners property values. Another problem with a plant of this nature, will be the slow moving track traffic, added to an already- congested area. Loaded concrete trucks entering Hwy. 52 will create considerable safety hazards. Fast moving traffic traveling west on Hwy. 52 will be slowed to a crawl by these trucks entering and exiting the highway. There are already many serious, as well as fatal accidents, at the intersection of Hwys. 61/151 & 52, and the areas close by. The addition of the heavy slow moving truck traffic related to this plant would greatly increase these numbers. As you can see, the re'zoning 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 commry 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 impressions 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 beantification process. Thank You for your time and cousidemtiom Sincerely Tim & Amy Stierman 9270 Bellevue Height Rd. Dubuque, IA 52003 December 07, 2003 Letters to the editor Telegraph Herald 801 Bluff St. P.O. Box 688 Dubuque, IA 52004 - 0688 After attending the meeting of the Dubuque Zoning Advisory 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 rights. 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 axe 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 majority 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 neighborhood 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. Decerabor 9, 2003 Dubuque City Council City HaH 50w. ~3~ Street Dalmque, ~A 52001 To Whom It May Conc~n, This letter is in regards to theproposal to rezone L~t 1. of Key Gate Cen~ No.2 from a C-3 General Commercial to MHI Modi~ed Heavy Indus'aiaL Thc proposed area will be the new-home to Apex Concert Plant if allowed to pass. This rezoning would disrupt a large area of residential neighborhoods and also damage the ~anquility of a The areas affected would be Table Mound Trailer Park, Bellevue I-~t~ Mem~li~n Heights, and l~rme s Of Spain and EB LyonS, m~l any other homes nestled in the counltyside around this area. The planned rezoning is being brought to the board with the hopes of rezoning this area and plans of ballding a c~ment plant on th~ site. This_area was brought up fo~ rezonlng earliex this year and was turned dorm by both the county and~&e city, none of the circumstances have changed ~ the~ so why should First of all we realize with the Riverfront Project moving ahead it is imporlant to relocate the cement plant fxom the area, but we also have been lead to believe that the already existing industrial sites west o£ Dubuque and south of Dubuque were zoned in such a way to accommodate this cement l~lant Why take an area that is bordexed on flm~e sides by private residential neighborhoods and commor~ on one side and rezone it to Mid/when there are areas zoned for this already? The area in question to b~e re~ned is the major gateway from rite south J~o thc City o£ Dubuque. If this area is rezoned to accommodate industrial bn~in~sses instead of new fi'ien&y reaidenflal neighborhoods, won't visitors have a splendid welcoming into our fair city? Not to long ago a businessman wanted to relocate his salvage yard less th,'m a h~lf mile from this site and he was mraed down becarrse of the impact his salvage yard would have on the view entering the city, wha~ real, es this so different? ~ a f0w small blJ 5ine,55~5 arolnld 115, and ~ ~ a won~ ~ of ~e ~. A ~t p~ ~ m o~y ~ ~ ~ ~mage &e ~ ~t w~ ~ it ~ to ~ ~ ~ v~? Oar neigl~orhood sit directly nortl~ aplxoxlmately 500 yards fxom the proposed are~ We are spe~rq,,g 15om exporience when we say wo will not be able to'sit outsi& in the ~mmer on our decks or have oor windows open when there is a south wind blowin~ Most of the summer we have a south or southwest ckiving throu~ the plant and it dust We will also have to smelt the sickening smell of exlmust from the tracks either traveling up the steep hill to the plato or up the steep hill to the intersection of 52 South and 151/61 South. The s-mm~they excavmedtlmtar~ thedustwas sobadit was impossible to have windows open or sit outside. The noise is anoth,r factor, which should be taken in to consideration, why should a residealial area be forcedto tisten to the in&retrial noises when there m-e areas zoned for modified heavy indust~. The nmse fxom the plant itseff will be clismptive enough, not to m~afion the sound of the cement ~ climbing those hills, or lt~e noise o~the toads of matoSals l~fing duraped and also the beeping of the trucks ~ ~ back up. It's not exactly the sound of nature that most of us in these residential neighborhoods bought houses to hear. Then we have the concem oftraffic ~afety at th¢ imersecfion o~ 52 South and lS1/61 S~h Anyonewho traffic moving along Highway 151/61 doesn't make it dangerous eno~gh~ we have the traffic from lmsinesses in the area enl0ering fxom Gateway Drive and Belleame Height onto 52 South- This is just up The intersection al times throughout the day olden has traffic backed up past lt~e turn lane on 151/61 leaving mining cars silling out in the somhbound lanes waiting until the next light. Traffic is also backed up down Highway 52 South waiting fo~ ~h¢ light canning dange~ with cars enlerlng and entering and exiting area businesses. All of ~ will be m~e complicated by ~alng many cement Ixucks and damp trucks to and ah'eady busy intea'section, which has had 2 f~lifiesinthelastyea~ alone. Whylal~an already hazardous and busy intexsection aad ~oss more fuel on the fire to create a worse situation? So in dosing we wonder why when there are so may negative for the area and the people involved would ~e board xn:zone ~his to MI-II indust~? Espec~y wh~ ~ ~ ~e Co~ ~ ~ designated areas for industrial use. Please examine this l:¢zoning issue closely and do what is fight for the people of Dubuque Coumy and not what is fight for big business. Thank yo~ 9269 Bellevue Dubuque, IA 52~3 Kevin and Laurie Ke~leher 9237 Bellevue Heights Dubuque. IA 52003 December $, 2003 Dubuque City Council City Hall 50 W. t3~ S~eel Dubuque, IA 52001 Dear City Council, This letter addresses the proposed zoning change to allow Apex Concrete to build a new concrete batch feeilit,j in the commereial/residantial area just south of Dubuque. The prope~d site was originally zoned for planned residential use. Homes, wooded areas and a few commercial~tail businesses surround it. As a uearby resident, we are veEz nmch opposed to ibc conslractinn of a concrete baich plant on this site for obvious reasons. These reasons include concern over the following, all of which xema'm real and unchanged daspi~ recent masking ail~ts; · Exce~ive noise from heavy, loaded trucks laboring t~ hill · Dislracfing ~baclmp"beeps from cemeaI trucks as required by law · Increased traffic at an already busy intorseedon · Loss ofaest,h~tic app~ · Degradation of property value · Improper use of property and zoning, Apex has re4uasted tl~ re-zoning of gxis lnolo~rty to Moffffi~ H~ ~al. ~s is a huge leap ~d ~ ~ ~ co~ f~ ~. ~ R ~t ~ p~ of ~g b~ss~ from lo~ ~ ~ s~ ~? PI~ ~a ~ ~s~ ~ ~ ~ ~ Zo~g ~,',u~i~ ~ vo~ a~t ~ gque~ for Sinc~ly, K~in J. Kelleher Laurie A. Kelleher Dubuque City Council Re: Apex Relocation December 7,2003 Council Members: As residents of Highway 52 South we would like 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 hazar0s that currently exisit. The traffic coming from the KwikStop area have'no stop sign and are constantly pulling out i~ ..f~,~t of highway traffic that has {he r~ght of way. The carwash patrons cause-wate~to ..... the highway pavement which frequently freezes and creates slippery conditions to the i~ersaction. It is truly a dangerous area presently and causes one to have heightened defensive driving sky'ils to avoid car accidents. Adding industrial traffic to this area and intersection would be a catastrophe waiting to happen. We all know how hard it is to get things changecl when established and so often too many lives have to be lost to do so. You have the opportunity to vote no and possibly prevent accidents from occudng. 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 river 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 h~zardous 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 was not the case. After constant badgering the contractors were made to come and clean it up. However, we do not know about the long Issting effects to the ground water and the ground will continue to need testing. Highway 52 is starting to feel like the city's dumping ground. It is a beautiful area that should be protected and the cement plant would act against that protection. The~hazardsa~bvioas~and ff~e'~n'olee.and~c~-t is nothing af3y Of Yod~wouTE~ 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 reta'~l business. Thank you for your time and attention to this matter. Sincerely, Renee and Gary Williams 11126 Hwy. 52 South Dubuqe, Iowa 52003 (563) 583-3277 December7,2003 Dear CiOd Council Members, We are writing this letter in regards to rczoning of land owned by Dubuque Southgate Development. The property is located south of I-Iighway 61 and 151, and is described As lot 1 of Keygate Center No. 2. We are greatly opposed to the proposal of rezoning of such a drastic measure of C-3 General to Midi (Modified Heavy Industrial). De~ember g, 2003 Dubuque Ob/Council: Re: Proposed Apex Cor~,~: Plant From: MadanWilllams I am having a d~cult time thinking that this area could be changed fTOm General Commercial to Modred I~ Industl~L The dust and t.t'affic congestion would be unreal, To start, the traffic in that area is quite heavy much of the day, with people coming from the southern part of Dubuque County and from 3ackson County, This area is mostly re~dentlal and should be maintained as such. ~rrth homes near the proposed area and the trailer parks next to and across the road, it Just doesn't seem Eke a favorable place to build a heavy industrial plant, Doesn't the city own property that could be made available in a lesser populated area? Why not use some of that? With the Ught budget, ! think some of the city existing property should be a viable alba'native, In closing, let's keep this area as General Commercial and keep the area mostty residential Sincerely, Marian Williams 1120 Savanna Drive Dubuque, I'A 52003 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 very quiet, most of our neighbors are retired, we raised our children, paid our mortgages, etc. We have many trees in our area, the E B Lions nature center is across the road from us, a short three-minute ride 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 domp-Wacks, bull-dozers, and other heavy equipment, also bemuse of the dust. Hwy 52 is below form our house, it is like a valley down there and any noise is brought up the h/Il tike an echo! The noise from heavy dump-Wacks 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 intersection with a steady flow of traffic, like the intersection of Asbmy 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 thi~ Hwy, from spring to late fall, in cars,suv's., on bakes and motorcycles. It is my wish that the zoning decision be reversed. Sincerely, Hannelore J. Plein 8992 Metropohtan Hts. Dubuque, Iowa, 52003 December 9, 2003 To: Dubuque City Council: Subject: Application of Dan Muetler. Re: rezone from residenti~ to heavy industrial. When the zoning commission met on Feb. 5, 2003, it was voted not m rezone, therefore I am asking the council to follow thru with the same. At the above meeting there was extreme opposition through out the neighboring area's of Bellevue Hgts, and Metropolitan Hgts. Most of our property, namely our homes, where build in the 50's. Peace and quite are our m-ost important olsj~e~i'~e."N0iSe, dust,-and long hOuf~ OTwork by the - above matter would be very detrimental to our well- being. There may also be a question of property de-valuatio~ which we are not now nor will ever be at our best imerest 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 deeibeis. 3. Caution: For noise environments dominated by frequencies below 500 I-Iz, 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 fomed to wear noise level devices. Sincerely: Charles V. Plein 8992 Metropolilun Hgts Dubuque, Iowa. 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. PUTTING 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 MA]OR HIGHWAYS - 52~ 61, AND 151. THE ROTARY CLUB IS IN THE PROCESS OF A FUND DRIVE TO MAKE THE ENTRANCES TO DUBUQUE BEAUTIFUL - THIS DEFIN _1]'ELY WOULD BE AN EYESORE TO THIS IMPORTANT E~ 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 REAl ~7E THE CITY' OF DUBUQUE WILL DO ANYTHING TO CLEAN 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 SUITAR/F FOR THIS HEAVY INDUSTRY. WOULD YOU: LIKE TO LOOK OUT YOUR WINDOW AND SEE A BIG CEMENT PLANT NEXTTO 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 ADJACENT 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 CONDITiONS/ASTHMA AND THIS DUST WILL CAUSE TMEM MUCH HARM. PLEASE, PLEASE' THI'NK VERY, VERY CAREFULLY. DO NOT PUT A HEAVY [NDUSTR~L PLANT TN THE MIDDLE OF A RESTDE~/SHALL BUSI'NESS AREA DO NOT APPROVE THI'S REZONTNG REQUEST. .loyce A. Ford 8930 Metropolitan Heights Dubuque IA 52003-7005 588-13Ztl December, 8 2003 Dubuque City Council City Hall 50 W. 13th. Street Dubuque, IA 52001 Dear City Council Members: We are wdting this letter in response to rezoning of land owned by Dubuque Southgate Development, south of Hwy. 61/151 & Hwy. 52, lot 1 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 residentiaJ, with a few commercial properties, would be detrimentaJ 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 Letter to the Editor Oec. 6,2883 Bad Parenting Or Bad Zoning At The Dec. 3, 2803 meeting of the Dubuque Zoning Advisory Commission, when the board members were debating the placement 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 Schlitz was "That would just be bad parenting". Mr. Schlitz appears to imply that when you stick a Modified Heavy 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 heauy 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 JAMES L. SCHNEIDER Funeral Director ALOIS M. HOFFMANN,' MAURICE J. TIERNEYt December 17, 2003 FUNERAL HOME HOFFMANN MORTUARY City of Dubuque Mayor Terry Duggan Members of the Cotmcil City Hall Dubuque, Iowa 52001 Dear Mayor Duggan and Members of the Council: 1640 Main Street Dubuque, Iowa 52001 Phone (563) 582-7221 Fax (563) 582-7222 I reside at 9477 Route 52 South. I wish to go on record as being opposed to the rezoning of the parcel of land on Highway 52 South as a proposed site for Apex Concrete. . The primary reason for my opposition relates to a safety issue. I agree with many other neighbors and travelers who use this section of the highway and the nearby intersection; that it is very dangerous and that the increase in track traffic that would result if Apex would locate there, would only result in a more dangerous arena. Although, zoning objections are usually only the concern of people who live in the immediate neighborhood, this situation effects people from all parts of our city, county, and beyond since it is an important entrance and exit to the city and connecting highways. I would suggest you get a traffic count so you could better understand the significance of this route to traffic. We already experience dangerous traffic back-ups on the curves (blind spots) due to semi and large track traffic that feed the new businesses in the old quarries. It should also be&9~e.d~tha~Y neWxhomes are going up in the neighborhood. I feel the residential traffie will continf, te to increase and adding cement tracks to the mix, on a regular basis, is Dubuque City Council I wish to express my opposition to the proposed zoning change and relocation of the Apex Plant to the Key West area. I am opposed .because~ 1, ~t~sitors /~ ~ Trom p~an~_~k~, uc-k~, etc.. ~ *Noise~ plant will generate *Noise from the increased truck traffic *Destruction to environment *Appearance to area X * Congestion to the highway/intersection, *Uncontrolled access to state highway *Adds dangerous driving conditions to a tourist area/Great River Road *Industry does not belong in a residential area Comments C!ty b ~.,a,.~ State ~ Zip S~gn~Date s~ °~-~ Dubuque City Council i wish to express my opposition to the proposed zoning change and relocation of the Apex Plant to the Key West aroa. ! am opposed because: *Unsafe to residents, children, visitors ~'. *Dust from plant, trucks, etc.. ~ *Noise that the plant will generate *Noise from the increased truck traffic *Destruction to environment ~. *Appearance to aroa * Congestion to the highway/intersection~'~ *Uncontrolled access to state highway ~ *Adds dangerous driving conditions to a tourist aroa/Great River Ro. ad ~., . *Industry does not belong ~n a re§~denbal Comments~..~.M~-,~..,~~ ~ ¢~- Name ~ ~,~ /J / ~~' Address ~ ~ ~/~ City ~~.,.~ ~...-~State ~- Zip Signatur~,~,~ ~ Date Dubuque City Council I wish to express my opposition to the proposed zoning change and relocation of the Apex Plant to the Key West area. I am opposed because: *Unsafe to residents, children, visitors *Dust from plant, trucks, etc.. v/ *Noise that the plant will generate *Noise from the increased truck traffic *Destruction to environment *Appearance to area * Congestion to the highway/intersection *Uncontrolled access to state highway *Adds dangerous driving conditions to a tourist area/Great River Road *Industry does not belong in a residential area v/ Comments ~ :~_ o~- ~y Name ..,~,~ c ~.~,s ~ ~ Address ~,~ ~~ ~. Ci~ ~¢~ State ~Zip Signature ~ ~ Date Brian J. Kanc Gary K. Norby Les V. Reddick* D. Flint Drake* * Brad J. Heying Todd L. Stevenson* MaryBeth Pfeiler Fleming Kevin T. Deeny KANE, NORBY & REDDICK, P.C. ATTORNEYS 2100 ASBURY ROAD, SUITE 2 DUBUQUE, IA 52001-3069 Of Counsel: Louis P. Pfeiler All admitted in Iowa *Also admitted in Illinois * *Also admitted in Wisconsin Phone: (563) 582-7980 Facsimile: (563) 582-5312 E-mail: bkane~kanenorbylaw.com Ms. Jeanne F. Schneider City Clerk 50 West 13t~ Street Dubuque, IA 52001 December 18, 2003 Re: Dubuque Southgate Development/Apex Concrete, L.L.C./Rezoning Dear Jeanne: As you know; we represent Apex Concrete, L.L.C. with regard to the above matter (a public hearing for which was held December 15, 2003). In partial response to the inquiries by counsel person Pat Cline, enclosed please find a letter given to us by Mr. Dennis Thier for her review. Additionally, we are more than happy to make arrangements to reply to any questions or comxnents any counsel persons may have prior to or at the next two council meetings. You may provide such questions to Mr. Dan Mueller, Mr. Dennis Thier, or the undersigned. Thank you. Best regards, BJK:sp Enclosure cc Mr. Barry A. Lindahl Mr. Dennis J. Thier KANE, NORBY & REDDICK, P.C. By B~~. r~an~ F:\WPDOCS~DONNAB~DOCS\Schneider Jeanne F LET re Apex Rezonlng.wpd 45 Jones Street Dubuque, IA 52004-0209 (563) 582-1208 TO: Dubuque Zoning Committee RE: Response to comments (letter) from Gary Cavanagh Fly Ash It is the policy of BARD and APEX Concrete to incorporate Pollution Prevention Controls into all operational asl~cts of our business. Pollution Prevention Controls allows us to identify areas, processes, and aetivitics, which may create excessive wasto products or pollutants. We can then reduce or prevent them through engineering, processes, or el/minating 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 ha?ardons 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 Dycrsvillc plant (which thc new APEX plant will be modeled after) is regularly maintained and has a highly engineered central dust collection system that allows us to far exceed the requirements established by the Iowa Department of Natural Resources Air Q~ality Bureau for ready mixed concrete plants. We understand that people would not want to breathe cement or fly a_eh, which is exactly why we take the em 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 about cement and fly ash unless we discharged the material in large quantifies. It is in our economic best interest to prevent any loss of a preduet that we have already paid for, so it pays for us to not release our materials. Dust Factor We maintain our plants to meet the requirements of the U.S. Occupational Health and Safety Administration (OSHA) and the state OSHA (IOSI-I) for employee safety and health. We at BARD/APEX Concrete place very highly the well-being of our staff, making sure that they are provided with an environmentally safe place to work. Subsequently, thi~ standard assures the health and quality of life for our neighbors as well. We are sensitive to the fact that them may be vulnerable populations (the young and the elderly) in our community. As an integral part ofthe community, we accept our responsibility to prevent dust and all types of pollution. Our design incorporating a self enclosed holding facility helps ensure against your dust concerns. Our compliance history lands credence to our claim of commitment and a willingness to cominue to operate environmentally conscious in our community. (Note: In reference to Mr. Cavanagh 's reference oft complaint at the current APE~ plant at Jones Street in Dubuque - according to Mr. Clark Ott, Environmental Specialist Senior of the Environmental Protection Division of the Department of Natural Resources located m Manchester lowa, they have no record of any complaints on APEX Concrete.) Water Pollution Thc 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 Department 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 Graiager and Catfish Creek, as it is our duty to also help protect 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 mix plants across the country. The health (as well as the safety) aspects of these businesses have been scrutinized by many governmental organizations. Their results have shown that the ready mix industry concerns are minimal as they have implemented suggestions (such as central 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. Cavana~h 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 Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St.. City Hals 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 properbj 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 amend ment 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 M 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, ail 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 subject 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] (f) 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-II8] (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] (fi) Farm implement sales, service and repair- [39] (gg) Auto parts/supply - [7] (hh) Mobile home sales - [40] B) C) D) E) F) (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 - In/a] (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 screening adjacent to the adjoining mobile home park. Arborvitae shall be between three (3) and four (4) feet tall at planting and be spaced four (41 feet apart. Reclassification of the Subiect 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 zomng 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. Recording. 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. This Agreement' shall be binding upon the undersigned and his/her heirs, successor and assignees. 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. Datedthis /,.5-' dayof /~E~/.,.r~.~ 2003. Dennis J. Thier,Cl~resident BARD/Apex Concrete 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 ~¢~.~e~ 2003. Dan Muel~/ Dubuque Southgate Investments, Inc. Planning Services Department ~.ty Hall 50 West 13th Street Dubuque, Iowa 52003.4864 (563) 5894210 office (563) 5894223. fax (563) 690-6678 TDD plarm/ng@cityo£dubuque.org December 3, 2003 RE: Rezoning Applicant: Location: Description: The Honorable Mayor and City Council Members City of Dubuque 13th Street City Hall - 50 W. r~ Dubuque IA 52001 Dan Mueller (tabled) Southeast of Highway 52 South and Highways 61/151 Intersection To rezone property from C-3 General Commercial District 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 Service People Integrity Responsibility Innovation Teamwork 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 District 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 ~. cn~ o. Qb/of Dubuque Dul:~ue, ~.~ ~/~.. P~: ~63-5~210 P~NNING APPLZCA~ON FOR~ ~ Varlan~ ~ng ~Slm~e S~e Plan ~Ann~on ~Ap~l ~imi~ Hat ~m~ U~ ~mlt ~S~M ~e~n ~Mlnor Rnal ~at Hair ~mit~ ~k Wai~ ~ ~ment ~Sim~e ~{vi~un ~er: ~ ~ or elint I~}b{v in ink F~ Num~: Fax To~I ~ (1~) area (~m ~ pm~l and ~n 2, ~ am ~t ~able and ~ent ~ ~ g~ appeal; a~ 3., ~1 a~Uo~ ~ul~ ~en a~ graphic ~t~als am ~. ..... ~v~Dy: [~ 1,~ ~:_~.1-o3 ~: ~ ~ ~an ~al ~v~ Plan ~ign ~ pmj~ ~on ~R~r ~an ~Plat ~er: F~ C-3 PR Re, sed 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 be Rezoned Dubuque Southgate Investments Ltd. 590 Samuel Street Dubuque, Iowa 52003 Dubuque Zoning Board of Adjustment city 50 West 13~ Street Dubuque, Iowa 52001-4864 Date: 24 Nov., 2003 RE: Rezoning Request of Lot 1 of Key Gate Center #2 Dear Zoning Board Members: Please fred attached a list of signatures of people that are in support of the requested rezoning. 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 to 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 importsm 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 hatch plant looks and functions. At the Board meeting you will hear personally from 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 of a 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. CC: Kyte L. Kritz, Associate Planner, planning Services Jeanne Schneider, City Clerk Dennis Thier, APEX Concrete Dubuque Southgate Investments Ltd. 590 Samuel Street Dubuque, Iowa 52003 Dubuque Zoning Board of Adjustment City HaU 50 West 13~ Street 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 fulffiling the obligation of the Seller as per a signed purchase agreement for which Lot I 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 MI-II 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 additional restriction whereby in the future if the operation of the concrete hatch 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 MHI District uses could be started upon this property should the Ready-Mix concrete hatching 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. Sincerely youj:s, Daniel ~.fueller, Dubuque Southgate Investments Ltd. cc: Kyle L. Kritz, Associate Planner, plannlrlg Services Jeanne Schneider, City Clerk Dennis Thier, APEX Concrete Dubuque Zoning Board of Adjustmem City HaU 50 West 13~ Street Dubuque, Iowa 52001-4864 Date: 1 Nov. 2003 RE: Rezoning Request of Lot 1 of Key Gate Center #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 opportunity to visit the Plant in Dyerswille to understand what is planned for thi~ site and to see its operation. As proposed, I have no objection to the re-zoning change requested l~om C-3 General Commercial to MHI Modified Heavy Industrial as proposed. Sincerely yours, 45 Jones Street Dubuque, IA 52004-0209 (563) 582-1208 TO: Dubuque Zoning Committee RE: Response to comments 0etter) from Gary Cavanagh NOV 2 5 2003 CiTY OF DUBUQUE PLANNING SERVICES DEPARTMENI' Fly Ash k is the policy of BARD 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 through engineering, processes~ or cllminating a process. In other words, we operate our plants in a manner where thc materials we use never get to where they can cause harm. Keep in mind that cement and fly ash are not h~rdous materials accordinE 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 Dyersvitle plant (which the new APEX plant will be modeled a~) is regularly mnintained and has a highly engineered central dust collcetion system that allows us to far exceed the requirements established by the Iowa Department of Natural Resources Air Q, ml~ Bureau for ready mixed concrete plants. We understand that people would not want to breathe cement or fly a~h. which is exactly why we take the extra 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 about cement and fly ash uuless we discharged the materi~d in large quantities. It is in our econonuc best interest to prevent any loss of a product that we have already paid for, so it pays for us to not release our materials. Dust Factor We raaintain our plants to meet the requirements of the U.S. Occupational Health and Safety Admini~txation (OSHA) and the state OSHA (IOSH) for employee safety and health. We at BARD/APEX Concrete place very highly the wall-being of our stuff, ma~nE sure that they are provided with an environmentally safe place to work. Subsequently, thi~ standard assures thc health and q, mli~d of lite for our neighbors as well. We are sensitive to the fact that there may be vulnerable populations (the young and the elderly) in our community. As an integral part o£the community, we accept our responsibility to prevent dust and all types of pollution. Our design incorporating a self enclosed holding facility helps ensure agam~ your dust concerns. Our compliance history lends credence to our e. taim of commitment and a wiltin~uess to continue to opera~ environmentally conscious in our community. (Note: In reference to Mr C ' avanagh s reference of q complaint at the current APEX plant at dones Street in Dubuque - according to Mr. Clark Oct. Environmental Specialist Senior of the Environmental Protecgon Division of the Department of Natural Resources located in Manchester Iowa, they have no record of any complaints on APEX Concreted Water Pollution The water used to produce concrete and to wash our h-ucks 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 Department of Natural Resonmes Water Quality Bureau. We only discharge when we have assured that the water to be discharged meets the reqmrements °f the Permit' We appreciate the ceneern and are aware ofthe responsibilities of approved discharge water as it might relate to Grainger and Catfish Creek. as it is our duty to also help protect 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 neighbor, possible to ensure that we are a good and env~renmentally fi-iondly There are many ready mix plants across the country. The health (as well as the safety) aspects of these businesses have been scmtini?ed by many governmental organizations. Their results have shown that the ready mix industry concerns are minimal as they have implemented suggestions (such as central 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 Council BTuffs; Pot% Nee1 2, 3 &4;LouiM; Riverside (TLA) Z77-7~09 , , , SilLca (8102) 36 5 AluminUm 0~!~e~,(A1203) 20 ? ., . = ~ton O~lde~(Ye203) 5 8 Calcium Oxide (~aO) 24 8 ~.~asnesiumOxide q~O~ ~ ~ ,. ,k TLV LeSS than 10% By weight, variable F:Lni powder. Hot~a?l~ ~au in cO10~. NO~cT, ..... ,;.m.. ~. [kef 'lue ~P~W~ NA J ~onfl~ble NA NA ~A HA Fly esh ks hoc re ulaced ~$ & heaardous v~ste the U.S, E . Wl~fnCd[i~l ~n accordance V~ local sc Eed December 3, 2003 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 Greaterl[hi~u~ 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 Greaterl~u~ue~ 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 Greater~)alba~ · IDOT Confirmed Access - Hwy 52 access is being moved 70 ft. east "Seeing is Believing" "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 BARD Plant in Dyersville APEX Control Room A clean and professionally run operation Loading Area (inside the Plant) Batch Loading is Observed Greater~)~buq~e Dust Collector System (unaffected by the wind) Contained Process GreaterD~bu~ Aggregate Conveyor (Containment covers) The Underground Bin Area (Dust Control with Noise Barrier) Greater~bU~ Aggregate Handling What will this LOOK like? Greate~l~b~q~ Current View from Jacobs Street Barrier and Screening Planned Greateri)ubuque View from Highway Intersection View with APEX Concrete Plant and Projected Shopping Center Greater~e 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) 10 acre site - APEX would be a single user Greater~buq. Peak estimated APEX vehicle traffic - 15 vehicles / hn - Multiple businesses would create more traffic 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 ~~ * APEX Traffic impact Less than % % ~;> , Normal traffic growth is considered 3%/yr Great.er~qiie Vehicle Common Road Dust just concern? Greaterl~b~qa~ 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 Greate. r~l~q~e Only concern: Storm Water is controlled Comply with City Storm Water Management Regulations Retention is Included in APEX Preliminary Plan Grea[erDubu~ 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 2.5 minute video of Dyersville Plant Grea~erl~b~ 319.-462-6155 C.~ncre~ since 1977, in 1994 our 200 plus Bard C.x:~ore~ wanted to ,~", ge me zomng,ne~ new oc:al~ete plaut would be less Batdba~ asked us if we had auy coo:,,~ln~ wehave not, they have been a I~xl neighbor. Pred Williams Owner Fawn Creek Homes and Sal~ BARD Concrete Dyersville Plant Visit I have visited the BARD Concrete batch plant in Dyereville, 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 to the planned facility that APEX Concrete would construct on the Dubuque Southgats 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 fi_ from the plant. I saw the dust collection system and saw it work. Below are my comments: Name Address Comments 24 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 om an appropriate location is beneficial to all of Dubuque. The purposed rezoning request for Dubuque Southgare'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 of Key Gate Center No. 2 should be changed f~om 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. Si~lnatum 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 growtlx Apex Concrete reco~tmizing that its facility there is old and out-dated, wishes to voluntarily close it to allow for harbor development. Apex Concrete's vohmtarily 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 of Key Gate Center No. 2 should be changed fxom 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 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 recogmi~ing 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 bas 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 bo changed f~om C-3 General Commercial to IvlI-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. 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 om an appropriate location is beneficial to all of Duhaque. The purposed rezoning request for Dubuque Southgate's lot 1 of Key Gate Center No. 2, is necessary to l~tmit 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 of Key Gate Center No. 2 should be changed from C-3 General Commercial to Midi, 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 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 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 reztmlng request for Dubuque Southgate's lot 1 of Key Gate Center NoJ 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 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. r'~ .8/;gnature ,, 2 8 9 lO 11 12 13 14 15 16 17 18 19 2o 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 recognizing that its facility there is old and out-d~ted, wishes to voluntarily close it m allow for harbor development. Apex Concrete's voluntarily seeking out an appropriate location is beneficial to all of Dubuque. The purposed rezonlng 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 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. Addres,s 'We the m~dersigned agree fi,al the beauttilcatlon o['the downtown impurta.! to lite ally ol'Dubuque a~gd its rutme growth. A~x Co~ its racilily there ia old end oul-dnled, wishes to voJ~t~ily c~ h · I ' UE ) allOW lot II~OOf" development, Apex Concrete's vohmlntily secktlt$ out an appropriate location is ' be~efidal lo all of Dubuque. 'l'he purposed rezoning request l'or Dubuque $outi~gnte's lot I of Key Gale Center No. 2, is i~ece.~,snry lo pem~it Apex Conctele Io relocale and construct a new state of the r~t Ii~ciIhy. I laving been si,own wlet Apex les planned and understanding that this sysla~ will meal EPA requirements, the site will be full), paved, muJ s~und and vlsunl ba~r~ers will I~e constructed, we the tmdetalgted also agree that the r~oablg ufDubuque ~touthg,te'.~ 1ol ! ol'Key (]ate Ce,tar No. :2 should be changed 17zorn C-3 General Commercial to Mi II. Mudilled I lea~ Industrial. to accommodate Apex. In tecugnilion oI'lhe remoteness of this property we also believe a blend oI'conunetcJal. tesldesttiat, mrd modiii~ i~v~ i,dustrlni (Apex Concrete) cnn ext~t here in Imnnony. Address We Ihe uudersigned agree thai the beautification of the downtown and the 1 inrporlant lo Ihe eily of Dubuque and ils fulure growth. Apex Concrete rect NO? '2 5 2C03 r al'ea 13 ils Facility there 1S old aim oubdated, wishes to voluntarily close it to allow PI~SERVICES DEPARTMENT development. Apex Concrele's volu,llarily seekiflg out an appropriate location is benelicial Io all of Dubuque. The purposed rezonlng request for Dubuque 8outbgate's lot I of Key Gale Center No. 2, is necessary to perufit Apex Concrete lo relocate and construe! a new slate of the mt Ihcilll y. llaving been shown what Apex has planned and onderstanding that this system will meet EPA requirements, the site will be fully paved, aud sound and visual barriers will be constructed, we the undersigned also agree that tho rezonlng of Dubuque Snuthgalc's lo! I of Key Gate Center No, 2 should b~ changed fi.om C-3 General Commercial to MI II. Modified l leavy Industrial, to accotmnodate Apex. In recognition oflhe remoteuess ofthls properly we also believe a blend ofcommerclal, residential, and modilled heavy iudostrlnl (Apex Concrete) can exist here in harmony. Address ULJJ N0~/ z5 We the undersign.ed agree that the beautification of the downtown and the hart~or area is important to the city of Dubuque and its future growth. Apex Concrete re~ ogn~?;,,E m~t · ' aJJ jr "har~J'~T~AF,DUBUQUE its facility there is old and out-dated,~ wishes to voluntarily. ClOSe it .t° o iJ I~A~I~§ E P,V .... C ES D..rP^RTMENT development. Apex Conerete's~oluntarily seekmg opt an approprmte locl .tlon is beneficial to all of Dubuque. Th}~ purposed rezoning request for Dubuque Southgate's lot 1 of Key Gate Center No. 2, Js necessary to permit Apex Concrete to relocate and construct a new state oftbe art facility. Having been shown what Apex has planned and understanding that this system wilt meet EPA requii'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 fi.om 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 cornmercial, residential, and modified heavy industrial (Apex Concrete) can exist here in harmony. ' t the beaut,ficahon orthe downtown and Lhe l~r .bo.r ~.e,a We the uuderslgned agree Ihs ' ' important Io the city of Dubuque aud ils future growth. Apex Concrete rcc~~ its Facility there I$ old and out-dated, wmhes to voluntardy close it to a Io~L~l'0~atl~0E$ DEP, c~RT~,~Ebt~T development. Apex Concrete's volunlarily seek~rtg out an approprmte location is ' all of Dubu tie. TI e purposed rezonmg request for Dubuque $outhgate s lot beneficml to q . i of Key Oat~ Center No. 2, is necessary lo pemnt Apex Concrete to relocate and construct a new state cf the art fi~cilhy, llaving been shown what Apex uqdersltmding that tins s:ystcm wdl meet El A reqtmements, the site will be fully paved, and sound and visual barriers will be construelod, we the undcrslgned also agree that the rezoumg ol'Dat,uque $outhgnte s lot I of Key Oate Center No. :2 should be changed fi.om C-3 general Commerelal to MI Il, Modified Heavy Industrial, to acconunodate Apex. In recogultion of Ibc remoteness ofthls properly we also believe a blend of commercial, temdent'al, and modified bear), industrial (Apex. Concrete) can exist here in luarmon~t. Address 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: North - C-3 East - Vacant East - PR South - Vacant South - PR West - Commercial/mobile home park 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 rezoning 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 to 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 is 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 ara 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 sing le-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 6-1.1 of the Zoning Ordinance that establishes criteria for reviewing rezoning requests. P rapared by: Reviewed: ~./,,~ Date: /~,'~ ~'/~ ~ DU549 CH--01 .TXT (1) 3-4.4. MHI Modified Heavy Industrial District: ( A ) General Purpose .dnd Description: The MHI Modified Heavy Industrial District 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 thi~ mason, 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 expansion of existing uses and provide for infill of vacant parceis but is not generally intended to be an expandable district other than through the use of a planned unit development as provided in thi~ Ordinance. (B) Principal Permitted Uses: The following uses shall be permitted in the MHI District: (1) Railroads and public or quasi-public utilities including substations-J47]. (2) General offices-[47]. (3) Medical/dental lab-[8]. (4) Personal services-II4]. (5) Off-street parking lot-[N/A]. (6) Gas station-[18]. (7) Bakery (wholesale/commercial)-[19]. (8) Indoor restaurant-[20]. (9) Drive-in/carry-out restaurant-[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-[8]. (15) Animal hospital/clinic-[23]. (16) Furniture upholstery/repair-[ t 8]. (17) Business services-[29]. (18) Banks, savings and loans, and credit unions-[31]. (19) Vending/game machine sales/service-[19]. (20) Indoor recreation facilities-[37]. DU549 CH-01 .TXT (2) (21) Mail-order houses-J23]. (22) Lumberyards/building materials sales-[ 19]. (23) Construction supplies, sales and service-[ 19]. (24) Printing and publishing-[32]. (25) Moving/storage facilities-[33]. (26) Full-service carwash-[8]. (27) Auto service cemers-[34]. (28) Auto sales and services-[38]. (29) Auto repair/body shop-[35]. O0) Tmck sales, service and repair-[39]. (31) Farm implement sales, services and repair-[39]. (32) Auto parts/supply-[7]. (33) Mobile home sales-J40]. (34) Motorcycle sales/service-[41 ]. (35) Boat sales/service-[40]. (36) Recreation vehicle sales/service- [38]. (37) Vehicle rental-[47]. (38) Upholstery shop-[42]. 09) Parking stmcture-[N/A]. (40) Contractors shop/yard-[33]. (41) Wholesale sales/distributor-[29]. (42) Freight transfer facilities-[44]. (43) Fuel and ice dealers-J33]. (44) Agricultural supply sales-[19]. (45) Cold storage/locker 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-J33]. (50) Warehousing and storage facilities -[33]. (51 ) Manufacture or assembly of musieaI instruments; toys; watches or clocks; medical, dental, optical or similar scientific instruments; orthopedic or medical appliances; signs or billboards-[33]. (52) Manufacturing, compounding, assembly or treatment of articles or products from the following substances: clothing or textiles; robber; 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 found~ products; fertilizer; pharmaceutical products, including cosmetics, toiletries and soap; and stone products, including brick, building stone, and similar masonry materials-[33]. [ ] Parking group-See Section 4.2 of this Ordinance. (C)Accessory Uses: The following uses shall be pemaitted as accessory uses as provided in Section 4 of this 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 Im ~hrooms) is provided per child in areas not occupied'by cribs times the licensed capaci y; (c) Seventy five (75) square feet of lanced outdoor recreation space is pro~ ided 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 obsmact public streets or create traffic or safety hazards; (e) All licenses have been issued or have been applied for awaiting the oul :omc of the Board's decision; (f) No group day care center may be located within the same structure as a ~y gas station, bar/tavern, automated gas station or any facility selling, servicing, repairin or renting vehicl.es; (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, hazardous conditiom, hazardous wastes, and hazardous materials, including but not limited to Iowa Code chapter 455B (1991); 42 USC section 9601 of the DU549 CH-01.TXT (4) Federal Comprehensive Environmental Response Compensation, and Liability Act; 40 CFR section 302.r; and section 302 of the Superfund Amendments and Reauthorization Act of 1986. (i) If the applicant is subject to the requirements of section 302 of the Superfund Amendments and Reauthorizafion Act of 1986, the Emergency Management Director shall certify whether or not the applicant has submitted a current inventory 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-t44]. (E) Temporary Uses: The following uses shall be permitted as temporary uses in the MHI District: (1) Batch plants (asphalt or concrete). (F) Bulk Regulations: (1) Maximum BuiMing Height: 150 feet (O)Parking Requirements: See Section 4-2 of this Ordinance. (II)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, 6-4-1990; Ord. No. 70-90, § l(a)-(d), 9-4-1990; Ord. No. 44-91, §§ 1-3, 5-20-1991; Ord. No. 78-92, § 2, 11-2-1992; Ord. No. 12-93, § 2, 3-15-1993; Ord. No. 42-95, § 1, 7-3-1995; Ord. No. 11-96, § 1, 3-4-1996; ord. No. 12-96, § 1, 3-4-1996; Ord. No. 13-96, § 1, 34-1996) N C-3 PR sed 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 I Zoning Advisory Commission City Hail, Second Floor 50 W. 13th. Street Dubuque, IA 52001 OCT 2 9 2O03 ~ PLANNING SERVIC[S DEPARTMENT Oct. 20, 2003 Dear Board Members: I am writing this letter to voice my strong opposition to the rezoning of land, owned by Dubuque Southgate Developmem, 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 th/s area, as well as people who regularly travel through tiffs 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 exisung home owners property values. As you Know Southgate Development had tried to rezone th/s property back in January with the intended propose to sell the lot to Apex Concrete. I'm sure 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 aioud to be reconsidered. I am extremely confident that opposition for ANY type of Modified Heavy Industrial will be just as sunong. This type of non-conforming zoning change creates far too many environmental, traffic, safety, and aesthetic challenges. It is the propose of zoning taws to make sure these types of non- conforming uses do not occur. 1 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 3:hePlennta~Semtses Depa[tment~s mission is to ~[k.~ pa[toe[ship with our citizens to create a more ~vable community and plan for a better future. The Planning Services Department reports to the City Manager and concentrates on two major activities---oty planning and development services. Programs include development site planning and review, community planning, land use regulation, zoning enforcement, and corridor planning. Major projects underway are fiveffront planning and development, visioning and comprehensive plan implementation and code enforcement improvements. Plannino Services The Planning Services Actvity provides professional city planning services to the Long Range Planning Advisory Commission for. community visioning, comprehensive planning, special planning studies, urban -evitalizatien 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 poasibte to the CY~J Manager, Long Range Planning Advisory Commission and City Council. In additien, it implements the plans, obtains funding and implements multi-use trail systems in the City of Dubuque. The Deve~opmeat Services Activity provides professional development planning services to the City Council and Zoning Advisory Commission for: rezomngs, planned unit developments, minor and major subdivisions, zoning 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 hasezo~nfl re. gulations to promote a sound, safe, healthy and desirable community; to encourage good development and support the conscientious develope~, and to protect existing preperbJ values and uses while providing for future generations. The Development Services Actvity provides enforcement of the zoning ordinance in a timely fashion on a consistent basis. The benefits of historic preservation are both tangiUe and intangible. Historic preservation gives a community a sense of place and continuity with its past. It also makes economic sense. The most expensive typo of preservation rarely equals the coat of comparable new construction. Historic 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 advereely effect the aesthetic historic or architectural significance and value of the property or neighboring proporties. The Planning Services Department has a customer services survey available. If you'd tike you may voice your opinion electronically, or download and fonvard 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. htxp://www, city ofdubuque.org/printer _friendly. c£m?p ageid--49 9/2/03 Climatic Atlas of the United States Dubuque, IA Month General Wind Speed Direction (mph) January Northwest 9 February Northwest 10 March Northwest 12 April Northwest 12 May Southwest 11 June Southwest 10 July South 8 August Southwest 9 September South 9 October South 10 November South 11 December Northwest 10 t-age I OII .4: /~ ~ / ,, ~b BELLEVUE HEIGHTS Dubuque County )/'-'~ 1995-2000 32 Crashes o o file://C:\WlNDOWS\Temporary ¼20Intemet%20Files\Content. IE5EBFWGRJ6N~US52 ~20s... 8~26/03 P~Ch~ ~ We, the undersigned, are greatly opposed to the proposed drastic rezoning of property, owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. from C-3 General Commercial to MHI Modified Heavy. Industrial to accommodate the construction of a concrete batch plant by Apex concrete. We betieve 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 congest~l are~ The area surrounding this property is mostly residential, and commercial. We believe it is the purpose of zoning, as well as the responsibility of our government to prevent ibis type of inmmive spot zoning, especially so close to residential neighborhoods. Signature Address We, the undersigned, are greatly opposed to the proposed drastic rezoning of property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. from C-3 General Commercial to MHI Modified Heaw Industrial to accommodate the construction of a concrete batch plant by Apex concrete. 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 arm The area surrounding this property is mostly residential, and commercial. We believe it is the purpose of zoning, as well as the responsibiliW of our government to prevent this type of intrusive spot zoning, especially so close to residential neighborhoods. Signature Address We, the undersigned, are greatly opposed to the proposed drastic rezoning of property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot I of Key Gate Center No. 2, from C-3 General Commercial to MHI Modified Heaw Industrial to accommodate the construction of a concrete batch plaint by Apex concrete. We believe that allowing this non com~orming zoning change at this location would create unacceptable levels of dust, noise, as well as creating very dangerous Waffic problems in an already congested area. The area surrounding this property, is mostly residential, and commercial. We believe it is the lmrp~e of zoning, as well as the responsibili~ of our government to prevent this type of intrusive spot zoning, espedally so dose to residential neighborhoods. Signature Address We, the undersigned, are greatly opposed to the proposed drastic rezoning of property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. from C-3 General Commercial to MHI Modified Heaw Industrial to accommodate the construction of a concrete batch plant by Apex concrete. We believe that altoxving 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. The area surrounding this property is mostly residential, and commercial. We believe it is the purpose of zoning, as well as the responsibility of our government to prevent this type of intrusive spot zoning, especially so close to residential neighborhoods. Signature Address ?/ ---'""" { We, the undersigned, are greatly opposed to the proposed drastic re'zoning of property o~vned by Southgate Development, south of H~vy. 61/151 and Hwy. 52, Lot I of Key Gat~ Center No. 2. from C-3 General Commercial to MHI Modified Heavy Industrial to accommodate the construction of a concret~ batch plant by Apex concrete. We believe that allowing this non conforming zoning change at tiffs location would create unacceptable levels of dust, noise, as well as creating very dangerous traffic problems in an already congested areo. The area surrounding this property is mostly residential, and commercial. We believe it is the purpose of zoning, as well as the responsibility of our government to prevent this type of intrusive spot zoning, especially so dose to residential neighborhoods. Signature Address We, the undersigned, are greatly opposed to the proposed drastic mzoning of property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. from C-3 General Commercial to MHI Modified Heavy Industrial to accommodate the construction of a concrete batch plant by Apex concrete. 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. The area surrounding this property is mostly residential, and commercial. We believe it is the purpose of zoning, as well as the responsibility, of our government to prevent this type of intntsive spot zoning, especially so dose to residential neighborhoods. Signature Address We, the undersigned, are greatly opposed to the proposed drastic rezoning of property oxvned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. from C-3 General Commercial to MHI Modified Heaw Industrial to accommodate the construction of a concrete batch plant by Apex concret6. We believe that allowing this non conforming zoning change at this location would create unacceptable leyels of dust, noise, as well as creating very dangerous traffic problems in an already congested area_ The area surrounding this property is mostly residential, and commercial. We believe it is the purpose of zoning, as well as the responsibility of our government to prevent this t3q~e of intrusive spot zoning, especially so close to residential neighborhoods. Signature Address We, the undersigned, are greatly opposed to the proposed drastic rezoning of property owned by Southgate Development, south of Hwy. 61l 151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. from C-3 General Commercial to MHI Modified Heaw Industrial to accommodate the construction of a concrete batch plant by Apex concrete. 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. The area surrounding this property is mostly residential, and commercial. We believe it is the purpose of zoning, as well as the responsibility of our government to prevent this type of intrusive spot zoning, especially so close to residential neighborhoods. Signature Address We, the undersigned, are greatly opposed to the proposed drastic mzoning of property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. from C-3 General Commercial to MHI Modified Heaw Industrial to accommodate the construction of a concrete batch plant by Apex concrete. 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. The area surrounding this property is mostly residential, and commercial. We believe it is the purpose of zoning, as well as the responsibility of our government to prevent this type of intrusive spot zoning, especially so close to residential neighborhoods. Signature Address We, the undersigned, are greatly opposed to the proposed drastic rezoning of property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. from C-3 General Commercial to MHI Modified Heaw Industrial to acmommodate the construction of a concrete bateh plant by Apex concrete. 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. The area surrotmding this property is mostly residential, and commercial. We believe it is the purpose of zoning, as well as the responsibili~ of our government to prevent this type of inlmsive spot zoning, especially so dose to residential neighborhoods. Signature Address We, the undersigned, are greatly opposed to the proposed drastic rezoning of property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. from C-3 General Commercial to MHI Modified Heavy. Industrial to accommodate the construction of a concrete batch plant by Apex concrete. 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. The area surrounding this property is mostly residential, and commercial. We believe it is the purpose of zoning, as well as the responsibility of our government to prevent this type of int~msive spot zoning, especially so close to residential neighborhoods. Signature Address We, the undersigned, are greatly opposed to the proposed drastic rezoning of property owned by Southgate Development, south of Hwy. 6il 151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. from C-3 General Commercial to MI-II Modified Heavy. Industrial to accommodate the construction of a concrete batch plant by Apex concrete. 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. The area surrounding this property is mostly residential, and commercial. We believe it is the purpose of zoning, as well as the responsibility of our government to prevent this type of intrusive spot zoning, especially so close to residential neighborhoods. Signature Address We, the undersigned, are greatly opposed to the proposed drastic rezoning of property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. from C-3 General Commercial to MI-II Modified Heaw tndusUial to accommodate the construction of a concrete batch plant by Apex concrete. 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. The area surrounding this property is mostly residential, and commercial. We believe it is the ~ of zoning, as well as the responsibility of our government to prevent this type of intrusive spot zoning, especially so close to residential neighborhoods. Signature Address We, the undersigned, are greatly opposed to the proposed drastic mzoning of property owned by Southgate Development, south of Hwy. 611151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. from C-3 General Commercial to MHI Modified Heavy Industrial to accommodate the construction of a concrete batch plant by Apex concrete. We believe that allowing this non conforming zoning change at this location would create unacceptable levels of dust, noise, as well as creating very dungemus traffic problems in an already congested area. The area sunxmnding this property, is mostly residential, and commercial. We believe it is the p~ of zoning, as well as the responsibility of our government to prevent this type of intrusive spot zoning, especially so dose to residential neighborhoods. Signamre Address We, the undersigned, are greatly opposed to the proposed drastic mzoning of property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. from C-3 General Commercial to MHI Modified Heavy Industrial to accommodate the construction of a concrete batch plant by Apex concrete. 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. The area surrounding this property is mostly residential, and commercial. We believe it is the purpose of zoning, as well as the responsibility of our government to prevent this type of intrusive spot zoning, especially so close to residential neighborhoods. Signature Address We, the undersigned, are greatly opposed to the proposed drastic rezoning of property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot t of Key Gate Center No. 2. from C-3 General Commercial to MHI Modified Heaw Industrial to accommodate the construction of a concrete batch plant by Apex concrete. We believe that allowing this non conforming zoning change at tiffs location would create unacceptable levels of dust, noise, as well as creating very dangerous traffic problems in an already congested area. The area sun~unding this property, is mostly residential, and commercial. We believe it is the purpose of zoning, as well as the responsibility of our government to prevent this type of intrusive spot zoning, especially so close to residential neighborhoods. Signature Address We, the undersigned, are greatly opposed to the proposed drastic rezoning of property owned by Southgate Development. south of Hwy. 6Ill 51 and Hwy. 52, Lot 1 of Key Gate Center No. 2. from C-3 General Commercial to MHI Modified Heavy. industrial to accommodate the construction of a concrete batch plant by Apex concrete. 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. The area surrounding this property is mostly residential, and commercial. We believe it is the purpose of zoning, as well as the responsibilit3, ofot~ government to prevent this type of intrusive spot zoning, especially so close to residential neighborhoods. Signature Address We, the undersigned, are greatly opposed to the proposed drastic rezoning of property oamed by Southgate Development, south of H~j-. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. from C-3 General Commercial to MHI Modified Heavy Industrial to accommodate the construction of a concrete batch plant by Apex concrete. We believe that allowing this non conforming zoning change at this location woald create unacceptable levels of dust, noise, as well as creating very dangerous traffic problems in an already congested area. The area surrounding this property is mostly residential, and commercial. We believe it is the purpose of zoning, as well as the responsibility of our government ~o prevent this type of intrusive spot zoning, especially so close to residenti~ neighborhoods. · Signature' Address 11560 777 ~ We, the undersigned, are greatly opposed m the l~ti~ Crastic rezoning of property owned by SouthgateDevelopment, south of H~2~.. 61/151and t~ - Lot 1 of KeyCm~reCen~wNo. lmm C-3 General Commercial to Mill Modified Hea~ , ~iai to accomrm~ construction ora concrete batch plant by Apex concrete. 4~lievc that all{,~i~g conforming zoning change at this location would create urg:, ~ptable levels or' d~,k zt~i~, as welt as creating very dangerous traffic problems in an al~ady c(mgested ama. The area summnding this property is mostly lesidential, and commercial. We believe it is the pu~ of zoning, ~ well as the restx;msibility of our government to prevent this D'pe of inm~sive spot zoning, espe~ally so clo~ to residential neighborhoods. Signature Address We, the undersigned, are greatly opposed to the proposed drastic rezoning of property m~ned by Southgate Development, south of Hwy. 61/151 and I-lwy. 52. Lot I of Key Gate Center No. 2. from C-3 General Commercial m MI-ti Modified Heavy Industrial to accommodate the construction of a coricrete batch plant by Apex concaete. We believe thal allowing this non conlbrming zoning change at this location would create unacceptable levels of dust, noise, as well as creating ve~' dangerous traffic problems in ~n already .con .g~s. te~. area. The ar? sup'ounding,this the property is mostly residential, and commercial. We behev¢ tt ts 11~ purpose ol zomng, a~ wen as responsibiliw of our govemmem to prevent this type of inmtsive spot zoning, especially so close to residential neighborhoods. Signature Address :~'e. the undersigned, are greatly opposed to the proposed drastic rczoning of property owned by ~3uthgate Devetopruent, south of Hwy. 61/151 and Hwy. 52, Lot l of Key Gate Center N{~. 2. froru C-3 General Comruercial to MHI Modified Heavv Industrial to accoruruodate the construction ora cx~nc~retc batch plant by Apex concret& We believe that altmving this non conforming 7x)ning change at this location would create unacceptable levels of dust, noise, ~s well as creating very dangerous tralne problems in ~ ~a~r~ ~ea~l, ~ .cong. ,es. te~, are~__ The al'~ea su~O~ur~Q!~_g~.~.~ pro_per~y is ruosflv residential, and commercml, we ~e~eve ~t is rue purpose o~ zomn~, ~ ~ c~. a~ ~m. responsibiti~' of oar goveruruent to prevent this Lvpe of intnk,~ive spot zoning, especially so cio,se to residential neighborhoods. Signature Address We, the undersigned, are greatly opposed to ~e ~ drastic rezoning of property owned by Southgate Development. south of Hwy. 61/151 and Hwy. 5Z Lot 1 of Key Gate Center No. 2. from C-3 Gener',d .Commercial to Mid/Modig~ Heaw tndus~ial to accommodate the construction of a co~xete hatch plant by Apex concrete. We believe that allowing this non conf.orming zoning change at this location w~aald create unacceptable levels of dust, noise, as well as creating vet5- dangerous traffic problems in ~/n ~rze. dy congested area. The area surrounding this property is mostly reaidential, and ~. We believeit is the purpose of zoning, as welt as the responsibility of our government to prevent this type of inlrusive spot zoning, especial!v so dose to residential neighborhoods. Signature Address We, the undersigned, are gF~,~tly ol~ to the proposed drastic rezxming of property owned by Southgate Development, south of Hw3~. 61/!51 and Hwy. 52, Lot 1 of Key Gate Center No. 2. from C-3 General Commercial to MHI Modified Heavy Industrial to accommodate the construction ol'a concrete hatch plant by Apex concrete. We believe that allowing this non ccmforming zoning change at this location would create unacceplable levels of dust, noise, as well as creating, ve~- dangerous traffic problems in an already congested area. The area surrounding this property is mcmly residential, and commercial. We believe it is the purIx~'e of zoning, as well as the responsibility of our government to prevent this type of intrusive spot zoning, especially so cttx~e to residential neighborhoods. Signature Address ~/-~ We, the undersigned, are greatly opposed to the proposed drastic rezoning of p~per~,, owned by Southgate Development, south of H~3'. 611151 and Hwy. 52, Lot t of Key Gate Center No. 2. from C-3 General Commercial to MHI Modified Heavy Industrial to ac, comm<xlate the construction of a concrete batch plant by Apex ctmcm[e. We believe that allowing this non comrorming zoning change at this location wotfld create tmacCeplable levels of dust, noise, as well as creating vet dangerous traffic problems in an already congested area_ The area surrounding this propert7 is mostly residential, and commercial. We l~tieve it is the purpose of zoning, as well as the responsibility of our government to prevent this ~,pe of intrusive spot zoning, especially so clo~ m residential neighborh(vods. Signature Address 9/O lO& ¢ C4 - We, the undersigned, are greatly opposed to the proposed drastic rezoning of property, owned by Southgate Development, south of Ha~. 61/151 and Hwy. 52, Lot I of Key Gate Center No. 2. from C-3 General Commercial to Mill Modified Heavy. Industrial to accommodate the construction of a concrete batch plant by Apex concrete. We believe that allowing this non confu~ ming 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 The area surrounding this property is mostly residential, and commercial. We believe it is the purpose of zoning, as well as the responsibility of our government to prevent this type of intrusive spot zoning, especially so close to residential neighborhoods. Signature Address We, the undersigned, are greatly opposed to the proposed drastic rezoning of properly owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. from C-3 General Commercial to MHI Modified Heavy. Industrial to accommodate the construction of a concrete batch plant by Apex concrete. 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. The area surrounding this property is mostly residential, and commercial. We believe it is the purpose of zoning, as well as the responsibility of our government to prevent this type of intrusive spot zoning, especially so close to residential neighborhoods. Address We, the undersigned, are greatly opposed to the proposed drastic rezoning of property owned by South gate Development, south of Hwy. 61/151 and Hwy. 52, Lot I of Key Gate Center No. 2. from C-3 General Commercial to MHI Modified Heavy. Induslrial to accommodate the consu,uction of a concrete batch plato by Apex concrete. 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. The area surrounding this property is mostly residential, and commercial. We believe it is the purpose of zoning, as well as the responsibility of our govemmeat to prevent this type of intrusive spot zoning, especially so close to residential neighborhoods. Signature Address We, the undersigned, are greatly opposed to the proposed drastic rezoning of property owned by Southgate Development, south of Ha% 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. from C-3 General Commercial to MHI Modified Heavy Industrial to accommodate the construction of a concrete batch plant by Apex concrete. We believe that allowing this non conforming zoning ehunge at this location would create unacceptable levels of dust, noise, as well as creating very dangerous traffic problems in an already congested area. The area surrounding this property is mostly residential, and commercial. We believe it is the purpose of zoning, as well as the responsibility of our government to prevent this type of intrusive spot zoning, especially so close to residential neighborhoods. Signature Address Petition to City Council,- Dubuque, lA Re: C-3 to MH! ZoniP~j for Apex CoPcrete Batch, Plant We, ~ undersigned, as residents of the city of Dubuque believe that the proposed zoning change for Dubuque Southgate, Lot 1 of Keygate Center, No.2 on US 52 South would not be in the best interest of the citizens of Dubuque. We feel that an inviting gateway to our city would lose aesthetic appeal and that industrial use at this site is misplaced and would have a narrowing effect on any planned future growth. We fear that highway flow and safety would be compromised by heavy trucl( traffic a~ a ci3~-pteX' intersection of frontage roads and two major LIS highways. We therefore respectfully ask Pet~on ~o C~ Counc~ Dubuque, ~A Re: C-3 to MH! Zoning for Apex Concrete Batch Pla,~, We, ~e und?signed, as ~r~sid.,ents of ff~e city of Dubuque believe that the proposed zoning change mr Dubuque ~oumgate, Lot 1 of Keygate Center~ No.2 on US 52 South would not be in the best interest of the cit~w~s of Dubuque. We feel that an inviting g~.. e~. ay to our city would lose aesth.~ appeal and t~at indL~'-trial use at ~ site is .m, isptaced and wo~ have a narrowing effec~ on any planned future growth, We fear ~hat , .r~nway?ow and safety would be compm, mised ~ heavy t~uc~ ff~rm a~ a c~m-p]ex- intersection of frontage roads and two major US highways. We ff~erefore respectful~j as~ Petition to City Coundl- Dubuque, iA Re: C-3 to MH! Zoning for Apex CoP~rete Batch. Plant We, ~ und.~., as residents of the city of Dubuque believe that the proposed zon~.r~, cnang~e. ?r .D~ Southgate, Lot 1 of Keygate Center, No.2 on US 52 South wou~ not be m .m.e ~ interest of ~ citizens of Dubuque. We feet that an irMting .gat~. to our city would lose aesthe, tic appeal and that industrial use at this s~te is .m) .splace~_ and would have a narro~ng effect on any planned future growth. We fear ~hat , ,r~way,.~'low ar)d ?afety would be.compr .omised ~ heavy truck traff~c aZ a c~mp]ex !.r~r. secao, n of..fr.ontag.e roa~s and two major US highways. We therefore respectful~ ask We, the undersigned, are ~fly ~d Io the proposed drastic rezomng t~£ p~,,p~,r~' ow ned by ~)uthgam ~velopment, mu~ of HaT. 611151 ~dH~. 52, ~t l of Key ~ Ccn~r No. 2, from C-3 General Com~d~ ~ }~ M~W~ ~vy tMm~ to~mm~te the construction of a ~te ~tch ~t by A~x ~n~em. We ~lieve tMt ~lowing this non ~fcxming zoning change at ~is l~im w~d c~ umc~pmble levels of d~t, noise, ~ wall as crmfing yeO' dangero~ ~fic WoNems in ~ al~y ~ng~t~ ~. The ~ su~unding this pr~e~, is mostly r~idenfi~, a~ commrc~. We ~ieve it is the ~e ~' zomng, ~s well ~s the res~nsibility of o~ gov~m~t to prevent ~is ty~ of in,sire spot zomng, ~dally so c~om to resi&nti~ neigh~)rh(~. Si gnamre Address December 12, 2003 Mr. Terry Duggan Ms. Joyce Cormors Mr. John Markham Ms. Ann Michalski Mr. Dan Nicholson Mr. Roy Buol Ms. Patricia Cline Re Cement plant zoning at Hwy 52-61-15t intersection Dear City Council members: My apologies for writing to you so late in the process, but we didn't realize that the re-zoning issue relating to the proposed cement plant was still alive. Most of us thought that the question had earlier been disposed of negatively for the applicant and didn't realize it had come back in another form. Members of our family are very interested in the disposition of the zoning question at issue, as various members of the Zwack tribe own real estate (1) in Key West (on Rockdale Road), (2) on the south end of Kelly Lane, (3) 250 acres within sight of the proposed cement plant in question, and (4) in the Southern Hills subdivision. All family members oppose zoning that would allow construction and operation of the cement plant in question. I yield to no one in my desire to encourage free enterprise and private business. However, the pursuit of business goals should always be subject to what is appropriate for the common good. Zoning that would permit construction ora several-stow-high cement plant at the site in question would definitely detract from the common good of the community. So far as the visual effects of the proposed cement plant monstrosity at the gateway to Dubuque (from 3 highways, no less); so far as safety of large cement tracks entering and exiting the area in question; and so far as incompatibility with the neighbors--for all of these reasons and others we wholeheartedly oppose any zoning which would allow the cement plant in question. No matter what proponents might argue, the fact of the matter is that a cement plant would present the entrance to Dubuque from the south or southwest as an armpit instead of an outreached hand of friendship, goodwill, cleanliness, culture and common sense. Obviously from its position of prominence the proposed tall cement factory would visually dominate the view and skyline of Key West and Southwest Dubuque for miles in all directions. Although I am sure someone or ones must favor the re-zoning in question, we have not heard a single positive comment about it from anyone in the area. Please don't make a mistake we will regret in the near and distant future. For the good of the community please vote against allowing zoning requested in this case. Thank you for your thoughtful attention to this important matter. hlon, Dec 15, 2003 2:40 PI~ From: Bruce. Chrystal@ DOT.STATE.IA.U S To: < rkfmn@earthlink.net> Cc.' <Richard. Kautz@DOT. STATE. IA. US>, <3im. Schnoebelen@DOT. STATE.[A.US>, <Arthur. Gourley@ DOT. STATE. IA.US > Date: Monday, December 15, 2003 10:23 AM Subject: Concrete Batch Plant- US 52 @ US 61/151 Dubuque, TA Dear Richard: I've been asked to respond to your questions conoerning this issue. The an~ to Four question are highlighted in red just below the question in ~ original note. If you have qeestlons please feel free to c~ntact me at 563-875-2375 or by sr~e chrfstal Engineering O~erations D~ersville, Iowa 52040 ---- Forwarded by Bz-aee Chrys+~t/DOTtStateIA o~ 12/15/2003 09:51 AM ---- Richard Kaufman ~.r~Seartb} ~ ~k. net> <Arthur. Gourle¥@DOT .STATE.IA.US> ~ 12/11/2003 04:09 PM Richard Eau"cz ~Richard. Kautz@DOT.STAi~.IA.%~> Arthur Gourley Bruce Chrystat <Bruoe. Chrystat~DOT.STATE.IA.US> Subject: Concrete Batch Plant- US 52 @ US 61/151 To: Richard Eautz, DisC-rice 6 Engineer, Ic~a Dept of Transportation Mr Kautz I would like to know ~he status and application date of any r~quests by Apex Co~erete or Dan Muelter for either of these ohanges on the RO~ of US 52, South of the interseotion w/ US 61/151: 1] Is there an application or permit, approved or pending, for reca~struction or pavim~ of an entrance to the proposed plant on the SW side of US 52 ? Permit # 21-2002--13 just issued on 12-02-03 allows the existing Type "B" e~oes~tobeslightlyrelo~ated from it'spresent location at station 1042+56 to station 1041+95 which will move it 61 feet east. It also allows Page I of 2 Mort, Dec t5, 2003 it to be pa~ed in accordance with the plans submitted. It does not allow for paving any right turn lanes. This modifies permit ~6-2619 which allowed a Type ~B~ access at stations 1041+25 and 1047+51 on 8-1-88. Note that the original per, it {~-2369) whioh allowed a Type "B" entrance at ~ation 1041+25 was issued to John D. Thola on 6-1-84 and ~s not u~ed. It did not allow for paving the entrance. 2] Is there an application, approve~ or pend/ng, for construction of an extension to the existing northbound right turn lane on US 52 across from the entrance of the proposed plant ? Is there a plan by IDOT to build ~n extension to this lane in the near or foreseeable future ? ;':40 P~l I need this information as soon as possible for presentation to a ~eeting acheduled for Mop, ay PM, De~ 15, 2003. E-mall response is requested. Respectfully Suk~it~ed Riohard Kaufman 654? Massey Stn Rd Dubuque IA [563] 556-1623 rkfmn@earthlink, net Page 2 ef Z Peti~on to City ~ Dubuque, tA Re: C-3 to MHI Zoning for Apex Concrete Batch Plant We, the under~, as residents of Dubuque County feel that we will be negatively affected_ by a ~ zoning change for Dubuque South_ga,~, L_~ 1 of Keygate Cer~e.r, No~2 on US 52 S~ath. Rezor~.ng of this trac~ would create an island of Modified Heavy Industrial use within a ~.of Planned Reslde~.'_ I and Commercial properties. tf approved, we believe that an inviting gateway to the ck~ of Dubuque would lose aesthetic appeal and properties both adjacent and beyond would be devalued. Further, we fear that ,hi. ay flow and safety would be compromised at an already complex ~ dangerous intersection. Therefore we respectfully ask that you deny th~s zoning change. z/ Pet'"'"'~ to ci~ Ooun~ Dubuque, iA Fie: 0-3 to MHi Zoning for Apex Ooncre~e Bn~ch Plant We, the undersigned, as residents of Dubuque County feel that we will be negatively affected by a proposed zoning change for Dubuq~ Southg~, L_~ 1 of Keygate Center, No,2 on US 52 S~Jlh. Rezoning of this tract would create an island of Modir,~d Heavy tr~striat use ~ a neighborhood of Planned Residential and Commercial properties. If approved, we believe that an inviting .~atewja. y to lhe city o~ Dubuque would lose aesthetic appeal and properties both adjacent and beyond would be devalued. Furli3er, we fear that ~y flow ~ safety would be compromised at an already complex and dangerous intersection. Therefore we respectfully ask that you den,/this zoning change. Pet~on to C~ Cour~- Du~uque~ ~A Re: ~ to MHI Zoning for Apex Concrete Batch Plant We, the undersigned, as residents of Dubuque County feel that we will be negatively affected by a proposed zoning change for Dubuque ~, _L~t, 1 o~ Keygate Center, No.2 on L~ 52 ~, Rezoning of ~is trac~ would create an island of Modified Heavy IndusI~ use ~ a ~ c~ Planned Residential and Commercial properties. If approved, we believe that an inviting gateway to the city of Dubuque woutd lose aesl~tic a~p~l and properi~s both adjacent and beyond would be devalued. Further, we fear ti'at ,,ighway flow and safety would be compromised at an already complex and dangerous intersection. Therefore we respectfully ask that you deny this zoning change. the m~ers~gned, am re~dence, mad w~ ~n cl~ proximi~ ~ pr~ owed by ~3a~hg~ ~*e!~men~ sffa~h cq~ Hw~'. 61/15I ~ H~5,~ 52, ~ 1 ~)f Key ~te Center No. 2~ Were ~Oy c~ m ~ ~ d~c re~ing of this l&ad r~ C~3 C~me~ to ~ M~ifS~ H~vy t~. We ~lieve t~ ~lc>wing t~s non ~L~ ch~ge at this t~fion would crmte nmm~pm~e levels of dura, noi~ ~ well ms ~gem~ ~l]c ~e~ ~n ~r~y ~g~md m This ar~ ~s rc~idmfi~, m~ ~avy ~n&ast~l U~ of this lmad wo~d ~t ~e~ty fi~ mm our ~ u~mi~ ~k t~m ~u mj~t ~s ~ing change~ ~ it would ~ ~tdmenml kc the enj~menL ~d val~ of ~r Address dcv~lopm~nL Apex Concrete's x~lunt~ seeking out an appropriate location is beneficial to all Of Dulmque. The purposed rezon;m~ request f~r Dubuque So~'s lot construct a new ~me of tim art/hcility. Ha'vin~ hc.~ shown what Apex I~ phnned and rezonluE ofDubuque ~'s lot 1 of Key Gate O~aer No. 2 should be chang_ed from recognition ofth~ rc~noteness of~ht~ l~opetty we also beAie~ a blend ofcomme~ial, its ~ac~ tbc~ is Okl and out-dat~. Wisb~ m voluntarh~ cios~ i~to ~n~w ~barbor ~ o~Dubuquc soutbsm~,s lot 1 o~ ~ ~. 2 should bc ~ ~m C.3 Gcncml C,~,~,_.,grciel m MHI, Modified H~vy lndust~i~ t~ ea:c~'~dm~ APe~ In ~cognidon o~tt~c r,~,ota~ of~ property ~ abo believe a blend of~ 5'/"" i its facility there is okl and out. dated, wishes to voluntan~ ck~ it to all°w ~r harb°r ~lopme~ Ap~ C~'s volunmr~ se~§ out an appmpriato ~on is b~n~fi~ial to all of Dubuque. TI~ purpos~l re~o-i%~ requ~t f~r Dubuqu~ So~ _~t~'s lot 1 of Key Oate Center No. 2~ ~s necessary to p~m~.t Apex Concre~ to mloca~ amt construct an~'w stat~ of~ a~t f~ility- Having beea ~wn what Ap~ rezoning of Dubuque Soufl~'s lot 1 ofK~y G-at~ Cent~ No. 2 should bo ~%~d from C-3 ~ CommerciaI m MIH, Mottled Heavy Industrial, to a~com.:.xla~ Ape~. In recognition of tho mmot~s oft_hi~ property we also b~liov~ a ble~d of 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 These Should Not Be Allowed To Be Used As Reasons To Impose Apex On A Residential Neighborhood What Does This Mean The Greater Dubuque Development Corp., The Zoning Advisory Commission, Dubuque Southgate, and Apex Have Been Allowed to Use The Agenda to Encourage Unwanted Businesses to be Removed From the Harbor Area · To Create Dangerous Spot Zoning · To Place a MHI Concrete Plant in a Residential neighborhood · To Go Against The Will of the Vast Majority of People Who Live and Work in this Area, Forcing Them to Accept This Intrusive Spot Zoning. What Has Changed Since First Failed Zoning Attempt Change · Nothing of Substance, Apex Claims to Have Created a Buffer Zone - Amount of land used by Apex is the same - Uses for this land remain the same · All 10 Acres are Still Going to be Utilized by Apex for the Purpose of Using Raw Materials to Produce Ready Mix Concrete. Show Me · How 3' to 4' Tall Arborvitae Plantings Can Screen a Massively intrusive 60' Tall structure · How After Waiting 20 Years For These Arborvitae to Reach Mature Heights of 15' to 20' Tall They Can Screen This Same 60ft Structure. · How Fencing Placed on Only One Side Can Be a Strong Enough Barrier to Protect Our Children. IDOT Approved Class "B" Access · Access Granted Over 15 Years Ago. - As a planned Residential. · Class "B" Access Allows Up To 150 vehicles/hr. - As a planned residential. · Class "B" Access has never been granted to this property as MHI - Class "B" Access is for up to light commercial Intersection Traffic Impact · Accident Rate Comparison Presented By Owners and Apex not Applicable - Slow Moving Heavy Trucks on a 55 mph Highway not comparable to minor fender benders at JFK and Pennsylvania. ° Accidents At Intersection of HWY. 151,61 & Hwy. 52 Much More Severe - No Fatalities Have occurred at JFK and Pennsylvania as Far Back as Records Go Starting In January 1999 - In a Little Over 1 Year 2 Fatalities have occurred at the intersection of HWY. 151,61 & Hwy. 52 · Traffic FATALITIES Will Most Likely INCREASE, Due To Trucks Entering And Exiting The Plant, and Trucks Backing Up The HWY. 1.51,61 Left Turning Lane, If This Plant Is Allowed To Be Built This Close To This Major Highway Intersection Disadvantages Of Locating Apex On This Property · Traffic Created By Heavily Loaded Concrete Trucks, Dump Trucks, and Semi's with 30 tons of payload, Stopping and Taking Off This Close to This Intersection Would Create Dangerous Driving Conditions. · Sometimes Concrete Plants Operate from 6 am. - 8 pm. including Saturdays, · Constant Dust and Noise Would Be An Unacceptable Nuisance to Neighborhood. · Property Values Will Decline Greatly As a Result of Spot Zoning. · Further Commercial and Residential Development of This Area Will be Stagnated. · Most Importantly, The SAFETY Of The Significant Number Of CHILDREN In This Area Will Be Compromised. O0 I 8o ;~utes - Zoning Advisory Commission -January 8, 2003 Page 5 Charles Plein, 9040 Metropolitan Heights, said that he has concerns with the potential traffic and dust generated by the facility. Dennis Thei~stated that he would be willing to work w~h the neighbors to address their concerns. He said that the trucks are tilt and lift or auger emptied and do not bang tailgates. He said t~at the lo-boy trucks unload with a belt. He said that the entire yard will be paved and generate little dust. He stated that the shop and maintenance building along with the vegetative screening and fence will serve to separate and buffer the Table Mound Traitor Park from the facility. He stated that he has searched for available industrial propeCoj in the area and that the Bubuque Techr~at Park does not allow batch plants, and Tamarack industria~ Park has: no available proper~. Commissioner Hardie asked how tall the building will be. Mr. Their said approximately 50- 60 feet high. He said that the office building would be 30 feet high. Staff Member Kritz stated that the MHI district is the second most intense industrial distdct He said that the site can be served with utilities. He outlined the uses permitted in the MHI district. He discussed the traff~c counts for the intersection of Highways 52 and 151/61. He discussed the potential for a conditional rezoning. He stated that screening at the grade level of the site would not be effective because the mobile home park is elevated well above the site. He said it may be possible to place screening at the back of the mobile home park, which would be more effective. Commissioner Smith asked if the proposed access will be a public street. Staff Member Kritz stated it will be a private street. He also stated that storm water detention will be required through the site plan process. Commissioners discussed that the City public notification requirements had been met. Commission Members discussed planned unit development requirements, and said they feel that the neighbors concerns could be addressed at the site p~an level, which would require a conceptual development plan and a planned unit development designation. Commissioners discussed tabling the proposal to allow Apex Concrete to meet with neighbors about their concerns and to prepare a conceptual development plan. Motion by Bird, seconded by Hard[e, to table the applicant's request with a recommendation that the applicant meet with the neighbors and return with a planned unit development and conceptual development plan. Motion wes approved by the following vote: Aye - Smith, Hardie, Stiles and Bird; Nay - None. PUBLIC HEARING~EZONING: Application of Jamas Heckmann/'rim & Matin Boge, 296 North Grandview, to rezone property from R-I Single-Family Residential Zoning Distdct to OR Office Residential District. Jim Heckmann, 1660 Embassy West Drive, reviewed his request with the Commission. He distributed a booklet containing photos of the subject property and surrounding parcels. December 11, 2003 Dubuque CiW Council City Halt 50 W. t3th. Street Dubuque, IA 52001 Dear Dubuque Cid' Council Members: On December 11, 2003 1 had personally visited with Mr. Jon Luckstead, Owner of Tmnarack Park. He stated to me that he bari hex, er been contacted by Mr. Their, or Apex Concrete, concerning the placement oI'Apex at Tamarack. At this time ,_Mr. Luckstead informed me that he does indeed have at least 10 acres available, and that he would be happy to talk to Mr. Their about the possibility of locating Apex Concrete on his land. I have timed the d/stance from the proposed Apex site on Hwy. 52 S. to Tamarack park and I can travel this distance in approx. 4 min. t am veo' comfident that the Apex trucks should be able to travel this stone route in little more time. This should not create any real hardships for Apex, as they will also be saving back some of this time not having to climb the steep incline at Hwy. 52. fully loaded from a dead stop. There are also no residential neighbo~ in this immediate area. I believe that the positive aspects of Apex mo'~dng into an area such as Tamarack will far out way any small negative aspects Mr_ Their mi~t tLw to come up with. Thank You for your consideration. Sincerely Tim Stiennan