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Zoning - Apex Hwy 52S & 61/151Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St., City Hall Telephone: 589-4210 ORDINANCE NO. 5-04 AN ORDINANCE AMENDING APPENDIX A (THE ZON lNG ORDINANCE) OF THE CITY OF DUBUQUE CO DE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI BED PROPERTY LOCATED SOUTHEAST OF HIGHWAY 61/151 AND HIGHWAY 52 INTERSECTION FROM C-3 GENERAL COMMERCIAL DISTRICT TO MHI MODIFIED HEAVY INDUSTRIAL DISTRICT, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from C-3 General Commercial District to MHI Modified Heavy Industrial District, with conditions, as shown in Exhibit 1 and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 19th day of January, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2001), and as an express condition of rezoning of the property described in Exhibit 1, and to the center line of the adjoining public right-of- way, all in the City of Dubuque, Iowa, which is the subject of Ordinance No. .~ -04, 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] (t~ Gas station - [18] (g) Bakery (wholesale/commercial) - [19] (h) Indoor restaurant - [20] (i) Drive-in/carry-out restaurant - [28] (j) Bar/tavern - [20] (k) Automated gas station - [18] (I) Service station - [21] (m) Drive-up automated bank teller - [8] (n) Self-service car wash - [8] (o) Animal hospital/clinic- [23] (p) Furniture upholstery/repair- [18] (q) Business services - [29] (r) Banks, savings and loans, and credit unions - [31] (s) Vending/game machines sales/service - [19] (t) Indoor recreation facilities - [37] (u) Mail order houses - [23] (v) Lumberyards/building materials sales - [19] (w) Construction supplies, sales and service - [19] (y) Printing and publishing - [32] (z) Moving/storage facilities - [33] (aa) Full-service carwash - [8] (bb) Auto service centers - [34] (cc) Auto sales and services - [38] (dd) Auto repair/body shop - [35] (ee) Truck sales, service and repair- [39] (fl) Farm implement sales, service and repair- [39] (gg) Auto parts/supply - [7] (hh) Mobile home sales - [40] (ii) Motorcycle sales/service - [41] B) C) D) E) (iJ) Boat sales/service- [40] (kk) Recreation vehicle sales/service - [38] (11) Vehicle rental - [47] (mm) Upholstery shop - [42] (nn) Parking structure- [n/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. 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 (4) feet apart. 4) That the existing left tum lane on Highway 52 be extended subject to submittal of the final plan design to the IDOT for review and approval. 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 previsions of this Agreement. Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Zoning Ordinance governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. Recordin,q. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within thirty (30) days of the adoption of Ordinance No. ~ -04. Construction. This Agreement shall be construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. ACCEPTANCE OF ORDINANCE NO. :5-04 I, Dan Mueller, representing Dubuque Southgate Investments, Ltd., property owner, having read the terms and conditions of the foregoing Ordinance No. -~- -04 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this -z~ day of ~7~ 2004. /s/ Dan Mueller Dubuque Southgate Investments, Inc. ACCEPTANCE OF ORDINANCENO. 5-04 I, Dennis J. Thier, representing BARD/Apex Concrete, the Buyer, having read the terms and conditions of the foregoing Ordinance No. ~ - 04 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated this 17th day of Jan. 2004. /s/ Dennis J. Thier, President BARD/Apex Concrete PHONE: 563-589-4441 FAX: 563-589-7884 EMAIL: brdofsup@dbqco.org January 12, 2004 Mayor Terry Duggan Dubuque City Council City Hall 50 W. 13th St. Dubuque, Iowa 52001 ~u~u~ue Count[t COURTHOUSE DUBUQUE, IOWA 52001-7053 DONNA L. SMITH JIM WALLER ERIC MANTERNACH Dear Mayor Duggan and Members We are before you on Monday, January 19, As you know, our ask that you table tl~s action until public hearing has been held. addressed prior to Sincerely, Apex >any which comes 2, 2004. We completed and that an IDOT DUBU mas enc]. PHONE: 563-589-4441 FAX: 563-589-7884 EMAIL: brdofsup@dbqco.org ~anuar~ 2, 2004 Mayor Terry Duggan Dubuque City Council City Hall 50 W. 13th St. Dubuque, Iowa 52001 COURTHOUSE DUBUQUE, IOWA 52001-7053 DONNA L. SMITH JIM WALLER ERIC MANTERNACH Dear Mayor Duggan and Members of the We are Company which comes before you on ~ regularly scheduled meeting. We have been a zoning who strongly feel that t borders county residential Their concerns issues ~pex an Action Item at your opposition to the planned re- ' which Dark Wc To: Dubuque County Board of Supervisors From: Richard 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 61/15t for the Apex Concrete batch plant I request ~ following: 1] Placement on ~ agenda to present an action request. 21 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 feel that this ~ is a incongrous misfit at this transition area between Dubuque and Dubuque County. Richard Kaufman' 6547 Massey Stn Rd Dubuque lA 52003 556-1623 5901360 [c] December 27, 2003 To the Dubuque County Board of Supervisors: I am writing this letter to request a spot on the agenda for your Jan. 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, !A 52003 December 27, 2003 Dubuque County Board of Supervisors Dubuque Cotmty Courthouse 720 Central Avenue Dubuque, Iowa 52001 Re proposed Apex Cement plant at Hwy 52-61-I51 Intersection.. Dear Messrs. Mantemach and Waller and Ms. Smith: I respectfully request that you indicate to the Dubuque City Council the c0ncem, and antipathy fekby Dubuque County .residents at the prospect ora huge 6-story-t_al! cement plant being constructed at the site proposed. .~. : - ~ :.. ~-.. Our family owns five separate parcels of property (two inside Dubuque and three outside), alt of which would be adversely affected by the proposal in quest/om The huge structure, which will dominate the skyline and view from miles around, and from three highvfays entering D~buque, is oPPosed by virmally everyone living in ;Southwest DnlS?~-Iue~nd~s~uthwest 0~I~ubuque ~ 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 businesses to the cement batch plant's. operations, k's perfectly all righcto subject Coumty residents to the very same conditions. What ifingead of being surrounded by hundreds ofmobile 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~Marna 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 k seems to me that th/s is an issue on which it would be appropriate for our Board o£ Supervisors to express themselves. Please ~ve th~s matter your thoughrfcd consideration and listen to the voices of the people. Thank you. The Zwack Fxra~y-_ PHONE: FAX: 563-589-7884 EMAIL: brdofsup@dbqco.org COURTHOUSE DUBUQUE, IOWA 52001-7053 DONNA L SMITH JIM WALLER ERIC MANTERNACH January 13, 2003 Richard E. Kautz District Engineer Iowa Department of Transportation 430 Sixteenth Avenue, SW P.O. Box 3150 Cedar Rapids, LA 52406-3150 Dear Mr. Kautz: We are contacting: January 19, 2004 Highway 151/61 intersection We have been zoning ' Council on property near the Their Page 1 of 1 Jeanne Schneider From: To: Sent: Subject: <GARNEEDUB@wmconnect. com> <aernl0@mchsi.com>; <jconners63@mchsi.com>; <patdciacline@mchsi.com>; <jmarkham@comerenergy.com>; <danielenicholson@mchsi.com>; <jschneid@cityofdubuque.org> Fdday, January 09, 2004 8:16 AM slow moving concrete trucks I work at a factory on Kerper Blvd. So myself an a lot of others meet up with trucks from Flynn ready-mix on our daily travels to and from work. If you would go to that area of Kerper Blvd. and watch the trucks starting out on the flat pavement heading towards the highway ramp you will see how slow they move. They don't have much speed as they turn up the highway ramp so now the traffic that is moving the Speed limit[35] quickly catches them and has to slow to almost a stop to go up the ramp. As you get to the top of the highway entrance ramp the speed limit goes up to 55, but now the traffic behind the truck[s] has to speed up quickly to merge with the faster moving vehicles. This is my experience with Flynn trucks. It is not a favorable one but non the less it is reality for myself and others who drive the Kerper area either for work or pleasure. Now think about the traffic on highway 52 if a concrete batch plant is permitted to build in the area. Entering on to the highway will cause them to enter into a speed zone of 55. SLOW-HEAVY moving trucks pulling onto the highway as traffic going towards the city quickly catches them. The drive that is considered to be the one to use will have the tracks going UP hill. If a lane extension is put in then the trucks would be crossing the South Lane, then the North lane to get into the [FAR] slow lane. That is an improper turn as I believe the state says to take the nearest lane. If you were traveling towards town and a truck was slowly pulling onto the highway going the same direction as you, WHAT LANE IS IT GOING TO TAKE is what you will be asking yourself. Another issue that I have seen in the ten years of living on 52 is the gravel that falls from trucks. What will that do on the highway when a vehicle tries to slow behind a slow moving truck that the driver got tired of waiting for a break in traffic and pulled onto the highway in front of them? PLEASE take time to look at the SAFETY ISSUES before making a decision on the zoning. Thank you. Garold Williams 11126 Hwy 52 South Dubuque, Iowa 52003 1/9/2004 Richard Kaofman 6547 Masey Stn. Rd. Dubuque, IA 52003 January 14, 2004 Mayor Terry Duggan Dubuque City Council City Hall 50 W. 13th St. Dubuque, IA 52001 Re: Apex Concrete Rezoning Request Dear Mayor Duggan and Members of the Dubuque City Council: I respectfully request that this letter be read publicly by the Mayor or a Council member before the 3rd reading and vote on the Apex Concrete rezoning request. I believe that I speak in concert with some 800 other citizens who have expressed their vehement opposition to rezoning of this property near the intersection of US 52 and US 61/151. If there is one common theme that courses through all of the petitions letters e- mails, personal notes and phone calls to coundl members, it is one of traffic safety and a'affic flow at a.n already chaotic and d.a~. ,r~. intersection. The prevailing concern is the unique size, w~ght and slow speed of the Ir~ustrial trucks that would be merging across lanes onto a two lane 6% grade highway this close to an intersection. As you know the Dubuque County Board of Supervisors have previously asked that you deny approval of the rezoning. Now, acting on behaff of Dubuque city and county residents, at the January lZ 2004 .meeting,. the S .upe~!sors have asked for a full public IDOT headng and IDOT ~tudy of the intersectIon. Thfs will address present problems and newly anticipated needs that would be exacerbated by the nature of the proposed additional use. At an interim informational session on Jan 13, 2004 with 2 representatives each from IDOT, the City, and several persons that live in the Key West area ~ were told that two IDOT studies ~, .pr~sentty ~.y. There i;~ also a TEAP [Trak Engineering ~istanca progremj stuay in progress mat includes this intersection. El~eUg~abuin, acting on behaff of everyone who uses these highways to access the dty of que, the Supervisors nave asked that you table the Jan 19, 2004 action until these rings and studies are complete. it is in this context that I ask that you wait until full information is compiled and thoughtfully evaluated before your final vote on this very important issue. Respectfully submitted, Richard Kaufman Juanita Hilkin From: Sent: To: Cc: Subject: Richard. Kautz@DOT.STATE.IA.US Wednesday, January 14, 2004 1:27 PM ctymgr@cityofdubuque.org Jim.Schnoebeten@DOT.STATE.IA.US; mkoch@cityofdubuque.org; csteinha@cityofdubuque.org; Icarsten@cityofdubuque.org Apex Rezoning Mike, Cindy Steinhauser has requested additional information from our office to address safety issues related to the proposed Apex rezoning. I also understand city Staff attended a meeting last Tuesday evening with some of my staff and interested property owmers from the The above described intersection was upgraded about ten years ago. As part of the 1998 reconstruction of US 52 to the east, the US 52 westbound right turn lane was extended. Study work has been completed for a traffic engineering study for the US 61/US 151 corridor from this intersection south to the US 61/US 151 interchange. The consultant performing the study is the Howard R. Green Company and a draft report has been prepared. Their analysis shows 1) based on past crash history (1995 through 2000), the crash rate at this intersection ranks well below the state wide average; and 2) the only recommended improvements are those that reduce motorist delays by adding several exclusive left and right turn lanes for approaching traffic to the intersection. Adjustments to the traffic signal timing may also help to reduce motorist delays. The crash history on US 52 east of the intersection to 01de Massey Road is also below the state wide average. Of the 17 crashes reported from 1996 through 2000, seven were animal related. According to the quarry manager, he has not received complaints about the quarry trucks on this section of roadway. We are not aware of a significant increase in crashes since 2000 either on US 52 east of the intersection or at the intersection with US 61/US 151. However, you may want to check with local and state enforcement agencies for more recent reports that are not currently in our database. We are aware of one fatality at this intersection since 1996. That fatality occurred this last October when a passenger on a motorcycle was killed. The motorcycle collided with a southbound vehicle waiting on a red light at the US 52 intersection with US 61/US 151. Again, there may have been other fatalities that are not yet in our database. Some additional comments are 1) the sight distance requirement for the entrance into the proposed Apex property exceeds the desirable; 2) the entrance permit (allowing the drive to be paved) was approved on December 3, 2003; 3) in accord with Bruce Chrystal's letter of Jan. 5, 2004, the district office would not oppose a requirement by the city of the developer to extend the current right turn lane approaching the US 61/US 151 intersection to just past the Apex entrance; 4) the district office would review the need for the installation of appropriate warning signs alerting motorists on US 52 of slow moving vehicles on the +6% approach grade to the US 61/US 151 intersection; 5) the district office is studying the need for a reduced speed zone on US 52 approaching the US 61/US 151 intersection; and 6) it's my understanding City Engineering staff is already reviewing the signal timing at the US 61/US 151 intersection. I understand there has been a request to have the Iowa DOT, in response to the rezonlng action, complete a full traffic and safety study of this corridor and conduct a public hearing. At this time, we are not intending to do further studies or set up a public hearing in regards to the Apex rezoning issues. We will, of course, review proposed improvements to the highway and studies completed by others and participate in public hearings initiated by a local jurisdiction. Richard Kautz District 6 Engineer 430 16th Avenue SW P0 Box 3150 ~Cedar Rapids, IA 52406-3150 (319)364-0235 Fax (319) 364-9614 01/14/04 15:10 8563 588 0720 A.Y. McDONALD ~001 January 14, 2004 A. Y, McDONALD INDUS"I"~I~'~, IN,~, FAX: 589-0890 Honorable Mayor & City Council c/o Jeanne Schneider City Clerk City of Dubuque Dubuque, IA 52001 Dear Mayor and City Council Members: I am writing in regard to the possible rezoning of property located at the intersection of I-Iighways 52 and 151/61. With such widespread opposition to the proposed project, I had not felt it necessary'to convey my strong opposition. However, considering the City Council's failure to listen to such opposition, I feel the need to step up and voice my concerns as a property owner in the direct vicinity oftbe proposed site. I feel that the rezoning, which would allow Apex Concrete to build, would negatively impact the value and environmental stability of my property as well as the neighboring property. Even the City's own comprehensive plan cautions that in developing land, short-term benefits must be weighed against significant, possibly irreversible long-term effects. My section of property closest to the proposed site is mostly trees, a hap for pollutants omitted from the plant to accumulate over time causing environmental distress and' decreasing my land value. To my knowledge as a businessman, there is no such tiling as an attractive, dust-free concrete facility. I believe the City's plan to enhance its attractive gateways would be greatly compromised by allowing a 60 ft. steel bullcling among the already existing r~si~!,.ent[fl .an.d_ co ~m~..~r¢~.areas. Sincerely, " "' Jo.hn bi. ~-Donald III 3/W~ch Page 1 of I Jeanne Schneider From: To: Sent: Subject: <GARNEEDUB@wmconnect.com> <aeml0@mchsi.com>; <jconners63@mchsi.com>; <patriciacline@mchsi.com>; <jmarkham@comerenergy.com>; <danielenichoison@mchsi.com>; <jschneid@cityofdubuque.org> Friday, January 09, 2004 8:16 AM slow moving concrete trucks I work at a factory on Kerper Blvd. So myself an a lot of others meet up with trucks from Flynn ready-mix on our daily travels to and from work. If you would go to that area of Kerper Blvd. and watch the trucks starting out on the fiat pavement heading towards the highway ramp you will see how slow they move. They don't have much speed as they turn up the highway ramp so now the traffic that is moving the speed limit[35] quickly catches them and has to stow to almost a stop to go up the ramp. As you get to the top of the highway entrance ramp the speed limit goes up to 55, but now the traffic behind the truck[s] has to speed up quickly to merge with the faster moving vehicles. This is my experience with Flynn trucks. It is not a favorable one but non the less it is reality for myself and others who drive the Kerper area either for work or pleasure. Now think about the traffic on highway 52 if a concrete batch plant is permitted to build in the area. Entering on to the highway will cause them to enter into a speed zone of 55. SLOW-HEAVY moving trucks pulling onto the highway as traffic going towards the city quickly catches them. The drive that is considered to be the one to use will have the trucks going UP hill. If a lane extension is put in then the trucks would be crossing the South Lane, then the North lane to get into the [FAR] slow lane. That is an improper turn as I believe the state says to take the nearest lane. If you were traveling towards town and a truck wes slowly pulling onto the highway going the same direction as you, WHAT LANE IS IT GOING TO TAKE is what you will be asking yourself. Another issue that I have seen in the ten years of living on 52 is the gravel that falls from trucks. VVhat will that do on the highway when a vehicle tries to slow behind a slow moving truck that the driver got tired of waiting for a break in traffic and pulled onto the highway in front of them? PLEASE take time to look at the SAFETY ISSUES before making a decision on the zoning. Thank you. Garold Williams 11126 Hwy 52 South Dubuque, Iowa 52003 1/9/2004 Iowa 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 during 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 long 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 contingent on submittal of a final plan design and further Departmental review. The Departmem 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 identitied and permitted as a Type "B". Note that we issue the permits types predominantly based on currem or proposed usage that best fit the applicants needs. Page 2 o The last issue concerns the issue of"why" 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. BGC/sjb (/ ~g (~erations Tech cc: DSE file PHONE: 563-589-4441 FAX: 563-589-7884 EMAIL: brdofsup@dbqco.org January 2, 2004 Mayor Terry Duggan Dubuque City Council City Hall 50 W. 13th St. Dubuque, Iowa 52001 Dear Mayor Duggan ~.~u~u~ue Count~ COURTHOUSE DUBUQUE, IOWA 52001-7053 DONNA L. SMITH JIM WALLER ERIC MANTERNACH We are contacting Company which comes before you on regularly scheduled meeting. We have been a zoning who strongly feel thal borders county residential Their concerns issues as an Action Item at your in opposition to the planned re- for this z which Eric To: Dubuque County Board of Supervisors From: Richard Kaufman Re: Jan 2, 2004 Supervisors Meeting. Action Request. On behaff of myself and 791 others who signed petitions in opposition to a proposed City of Dubuque rezonmg of property at US 52 So. and US 61/151 for the Apex Concrete batch plant t request the following: 1] Placement on the agenda to present an action 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 feel that this use s a incongrous misfit at this transition area between Dubuque and Dubuque County. Richard Kaufman' ~ -- '~ / 6547 Massey Stn 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 Jan. 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 Supervisor~s Dubuque County Courthouse 720 Central Avenue Dubuque, Iowa 52001 Re proposed Apex Cement plant at Hwy 52-61-151 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 of a huge 6-story-tall cement plant being constructed at the site 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 highv~ays entering Drtbuque, is opposed by virtually everyone living in .Southwest Duts~cfue, an'a'southwest of Dubuque in 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 businesses 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 oppommity re do so) objecting to the batch plant's Iocation, all without apparent effect. If ours is a representative government--and of course it is it seems re me that this is an issue on which it would be appropriate for our Board of Supervisors to express themselves. Please give this matter your thoughtful consideration and listen re the voices of the people. Thank you. De~emb~r 31, 2003 45 Jones Street Dubuque, IA 52004-0209 (563) 582-1208 Honorable Mayor Terry Dnggan and City Council Members Citff of Dubuque 13~and Central Avenue Dubuque, Iowa 520014864 Re: Dubuque Southgate and Apex Concrete Re-zoning Request Dear Mayor and City Council Members; The purpose of this totter 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. Thief President, Apex Concrete Dubuque Southgate Investments Ltd. 590 Samuel Street Dubuque, Iowa 52003 December 30, 2003 Honorable Mayor Terry Duggan and City Council Members Ci~ of Dubuque 13~and Central Avenue Dubuque, Iowa 52001-4864 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 oflDOT position prior to the scheduled January 5t~ 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 tracks 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 hmck 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 intersectiom 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 3~a 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 61/151 intersectiom This is within the control of the IDOT and I can only suggest such a change. I expect that with the support of the City a 45 mph limit could be established. It is not clear why during the upgrading and improvement to Hwy 52 the IDOT did ncq rd 1 construct the 3 lane for the near ½ mile distance preceding this intersection, but I expcc~ this relates to the IDOT 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 concerto I have requested that the IDOT give us some understanding as to why the 3~a 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. 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 offand pick up our children. Vehicles approaching school buses and farm equipment are required by State law m slow to allow them to travel the roadway and enter and leave at approved access points. Many older pieces of farm equipment do not even have the benefit of turn signals. Should these vehicles be shuck by highway vehicles the laws provide protection for damages and iniury caused by such accidents. Hwy 52 is not a limited access, high-speed 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 tracks. Dubuque Sout~te Investments and Apex Concrete are fully prepared to extend the northbound turn 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~pectfully yours, Daniel J. M~eller; V. President 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 December 30, 2003 Bruce Chrystal IDOT Engineering Operations 14067 State Rd. 136 Dyersville, IA 52040 RE: Dubuque Southgate Investments Access to Hwy. 52S Dear Brace: 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 this point it is Dubuque Southgate Investments' plan to request approval by the IDOT to extend the current 720 ft. long northbound mm lane some 150ft. 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 thc intersection of Hwy 61/151 & 52. We have employed the services oflIW 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 extensior~ 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 oftraffc 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 property? 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 resulting from the operation of the Apex Concrete batch plant to be 15 truck 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, dump trucks, and some semi aggregate and cement defivery trucks). Third, can you provide some understanding as to why the IDOT, with the recem upgrading / improvements to Hwy 52 between Bellevue and Hwy 61/15t intersection, did not construct a 3rd "slow" lane over the near ½ mile Northbound upgrade to this intersection when slow lanes were constructed on all other upgrades on Hwy 52? I respecffuUy understand that tlxis 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 yours,, Daniel J. Iv~ueller, V. President 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 Southgat~ D~velopment Engineering for Northbound Tm 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 of a 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 permit is intended to improve track entry to Highway 52 from 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 will be submitted to Brace Chrystal for IDOT review and approval through the ZDOT 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 II)OT will be able to issue a permit by the 19th of January. Quite often they need enough time to visit the site and make a field inspection once they have the application in hand. Sincerely, IIV~' ~ENG~/~IEEI~ AND SURVEYORS, P.C. · , P.E. CC: Dan Mueller, Dubuque Southgate Development [Iw Engineers & Surveyors. P.C Dubuque, tA Hazel Green. WI INTEGRtD'. EXPERTISE. SOLUTIO[~S. Civil Er. gincefing Sh'ucturaI Engmeerm~ 5nx ironmenral Engmeerin$ M unici_~al Engmeenn~ Archzrectur~l Engineering -and Sup:eying Quahry Control T.esring lnformauon Technolog) ~'age ~ oi ~ Jeanne Schneider From: To: Sent: Subject: "alice cameron" <alice@celebrationbetle. com> <rbuoll@mchsi.com>; <aemlO@mchsi.com>; <danielenicholson@mchsi.com>; <jmarkham@comerenergy.com>; <jconnors63@mchsi.com>; <patriciacline@mchsi.com>; <jschneid@cityofd ubuque.org>; <ctymgr@cityofdu buq ue.org> Wednesday, December 31 2003 12:24 PM PROPOSED BATCH PLANT ON HWY 61 Dear Sir & Madam: I am requesting that you please vote against the proposed Batch Plant that is on your agenda this coming Monday night I own and operate the Taco John Restaurant locate at 2258 Flint Hill Drive. I also own the building located next to Taco John's. 2254 Flint Hill Drive with Keywest Chiropractic and Abeyance Salon as my prime tenants. I feel this will not enhance our area. I would like you to reconsider your outlook and deny this request to locate this batch plant in this area. I would not have invested this amount of money in this area knowing that it would be and industrial area. Thank you for your consideration. Sincerely, Joseph L. Schadler Owner and President 1/5/2004 Jeanne Schneider From: To: Sent: SUbject: "Richard Kaufman" <rkfmn@earthlink. net> <rbuoll@mchsi.com>; <aeml0@mchsi,com>; <danielenicholson@mchsi.com>; <jmarkham@comerenergy.com>; <jconnors63@mchsi.com>; <patriciacline@mchsi.com>; <jschneid@cityofdubuque.org>; <ctymgr@cityofdu buque.org> Friday, January 02. 2004 1:06 AM APEX Rezoning- Petition Count Dubuque Mayor and City Council Members I know there was some concern expressed at the Dec 15 Council meeting that petition numbers were skewed by signatures from outside of the DBQ area. We have carefully edited our copies of all petitions- leaving only signatures of adult residents of Dubuque city or county. Revised totals are as follows: Opposed to rezoning 792 Favor rezoning 82 We believe that if you edited the originals on file you will find the same result. Respectfully Submitted Richard Kaufman 6547 Massey Sm Rd Dubuque IA 52003 1/5/2004 ~age ~ m z Jeanne Schneider From: To: Sent: Subject: "Jack McCullough" <jack@shootforthemoon.com> "Terry Duggan" <jschneid@cityofdubuque.org> Friday, January 02, 2004 1:54 PM Rezoning for new APEX site Dear Terry, We understand to continue developing the Ice Harbor area it is vital to move the APEX concrete plant, but it is equally vital that you are not creating a worse problem. Moving the plant to the proposed south side location is contrary to the betterment of our community. We would like to point to the CITIZEN'S GUIDE TO DUBUQUE'S COMPREHENSIVE PLAN which explicitly states several reasons why you should oppose this rezoning. Starting with the opening letter which states: "LAND USE WITHIN THE CITY LIMITS ARE BASED ON A NUMBER OF FACTORS: PUBLIC INPUT, EXISTING ZONING, EXISTING LAND USES, DEVELOPMENT PATTERNS AND THE 1995 FUTURE LAND USE MAP." We have additional concerns which are also stated in the plan: 1) "PUBLIC SAFETY GOALS MUST ADDRESS ACCEPTABLE AND APPROPRIATE LEVELS OF RISK AND RESPONSE." We travel the intersection of Hwy. 151/61 and Hwy. 52 several times a day. This intersection is just plain dangerous! Recently there was a fatality at this intersection and the "near misses" are plenty. Traffic is often backed-up f~om all directions and adding to this mix slow moving concrete tracks entering and exiting onto this already busy intersection is irresponsible. Unless there is an overpass with on and off ramps planned for this intersection, you're asking for compounded trouble. The Comprehensive plan goes on to state: 2) "WHILE NEW DEVELOPMENT IS ENCOURAGED, SHORT TERM BENEFITS MUST BE WEIGHED AGAINST LONG TERM IMPACTS TO THE COMMUNITY'S QUALITY OF LIFE. LAND USE AND URBAN DESIGN DECISIONS WILL ALWAYS AFFECT THE FUTURE IN SIGNIFICANT, AND SOMETIMES IRREVERSIBLE, WAYS. IT IS INCUMBENT THAT A LAND USE PLAN BALANCE THE NEED FOR GROWTH WITH THE PROTECTION OF EXISTING COMMUNITY ASSETS." Locating a concrete plant next to the existing businesses currently in that location (and residential owners) is UNFAIR! Industrial zoning (especially an unsightly concrete plant) is not in line with the investment these owners have already made in their property. The rezoning will devalue their property and prohibit the expansion of alike commercial development that was originally slated for that area, Continulng...the plan states: 3) "ENVIRONMENTAL QUALITY GOALS MUST ADDRESS THE BALANCE BETWEEN RESPONSIBLE STEWARDSHIP AND PROTECTION OF OUR ENVIRONMENT AND THE IMPACTS OF URBAN LIVING." It doesn't make sense to put a concrete plant on America's Great River Road! This defeats the purpose of all of the great things that Dubuque has been working toward by cleaning 1/5/2004 up unsightly oil tanks, abandoned buildings and the like. Transferring this plant to another visible location doesn't say much for the aesthetics of our community. The bottom line is that a more suitable location needs to found for the plant, a location that is currently zoned for it's use. Kerper Industrial Park or Tamarack Industrial Park are two possibilities. SAFETY, FAIRNESS TO EXISTING PROPERTY OWNERS, and RESPONSIBLE STEWARDSHIP are three reasons why we are urging you to vote responsibly against the rezoning for the APEX planL Sincerely, Jack McCullough and the 23 employees at McCullough Creative Group Jack McCullough McCullough Creative Group, Inc. 2099 Southpark Court Dubuque, Iowa 52003-7985 Phone: 563/556-2392 Fax: 563/556-2393 1/5/2004 l'age I oI i Jeanne Schneider From: To: Sent: Subject: "Susan Gwiasda" <sgwiasda@cityofdubuque.org> "JEANNE SCHNEIDER" <jschneid@cityofdubuque.org> Monday, January 05, 2004 11:47 AM Fw: (no subject) ..... Original Message ..... From: <PostOfficeMom ~aol.com> To: <s~wiasda(~ciWofdubuque.org> Sent: Monday, January 05, 2004 11:26 AM Subject: (no subject) > > I am opposed to the proposed plant in our aremMy main concern is traffic > which at times is crazy now. But I am also concerned about the quality of life > of the people in the immediate area. Please Please Please do not rezone. > > Pat Wiegel > 7917 Olde Massey Rd > Dubuque, Ia 52003 1/5/2004 Page 1 of I Jeanne Schneider From; To: Sent: Subject: "Jennifer Klein" <keywestchim@earthlink. net> <rbuoll@mchsi.com>; <aeml0@mchsi.com>; <danielenicholson@mchsi,com>; <jmarkham@comerenergy.com>; <jconnors63@mchsLcom>; <patriciacline@mchsi.com>; <jschneid@ci~ofdubuque.org>; <c[¥mgr@cityofd ubuq ue.org> Monday, January 05, 2004 12:56 PM Apex Rezoning Dear Mayor and City Council, I wish to let you know of my strong opposition to the rezonlng of the land in Key West to allow Apex Concrete to move to that area. My patients as well as myself, travel through the Hwy 151/61 & 52 intersection on a daily basis. The intersection cannot handle anymore traffic in the north and south direction on Hwy 52 without adding turning lanes into east/west directions. It is very difficult and dangerous to be attempting to mm on to Hwy 151/61 with only a yield stop light available. The added traffic and size of the lx~ffic wonld congest the intersection even further. Also, for business' such as mine, the idea of a concrete plant across the street from several professional btnldings deters form their aesthetics. Especially, when a few miles down the highway, there are several building sites specifically designed for these types of business'. I am referring to the industrial park on Hwy 151 as well as the Tamarack area and location of Miller Logging. Please take my concerns very seriously before you vote this evening on the rezoning process. Thank you. -- Dr. Jennifer Klein Key West Chiropractic Health Center 2254 Flint Hill Dr. #2 Dubuque, IA 52003 --keywestc~o~earthlink.net --- EarthLink: The #1 provider of the Real Interact. 1/5/2004 l'age I oI I Jeanne Schneider From: To: Sent: Subject: "McCarthy, Joellen" <jmccarthy@bvmcong.org> <rbuoll @mchsi.com>; "Michalsld, Ann" <aeml0@mchsi.com>; <danielenicholson@mchsi.com>; <jmarkham@comerenergy.com>; <jconnors63@mchsLcom>; <patdciacline@mchsi.com>; <jschneid@cityofdubuque.org>; <ctymgr@cityofdubuque.org> Monday, Janua~' 05, 2004 2:43 PM Apex Concrete Plant Dear City Council Members, As you prepare to vote this evening on rezoning for tbe Apex concrete plant, I urge you to consider the aesthetics of the site, and not approve this request. Please stay tree to your own comprehensive plan, and ask Apex to search otrt other locations. This southern gateway to the city needs to take advantage of the natural beauty of the area and the residential and small business character of the current development; it is most inappropriate for this kind of industrial use. Other cities, such as Des Moines, are spending large sums of money to enhance their Gateway areas - such as the route from the Des Moines airport to downtow]~ Here, we have breathtaking views coming into the city on Highway 61/151. Let's maximize this beauty rather than having a concrete plant dominate the skyline. The added heavy track traffic is another important consideration, as is the faith that property owners place in a city's zoning plan when they choose where to build their homes. This is surely not the only place where Apex can re-locate. A more industrial location will surely be a win-~Sn situation for everyone. Sincerely, Joellen McCarthy, BVM Sisters of Charity, BVM 1/5/2004 03 DEC I 0 "''~ . Dubuque, iA To: Dubuque City Council Re: Rezoning for Concrete Batch Plant US 52J 151,61 I wish to detail two areas of considerable 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 driveway located 800 feet from the intersec~n of two US highways and a frontage road. Truck drivers say that a loaded concrete truck wilt 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 turning into the plant entrance. A left turn onto US 52 from US 61/t51 is dangerous now when the ~m lane fills up and vehicles are backed up, blocking the straight lane. This was the site of a recent fatal motorcycle accident. Concrete trucks and semis carrying aggregate will exacerbate the congestion. I would encourage each member of the Council to look at the proposed site with traffic 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 will stick out like a giraffe among horses. Essentially there are no structures this tall beyond downtown, or college and relig.'~us campus areas in our city. Further, the placement of this operation seems to be incongruous ' with US 52's status as ~e 'Great River Road' (1976) ar~l recent designation _as a National Scenic Byway (June 2000). Please consider these issues along with those of the petitioners who have wide and varied opposition to this zoning change. Richard Kaufman 6547 Massey Sm. Rd. Dubuque, IA 52003 (563) 5561623 'ii Iowa Department of Transportation PHONE: 563-875-2375 FAX: 563-875-2388 Dyersville Area Engineering Office 14117 Route 136 N. (P.O. Box 325) Dyersville, Iowa 52040 December 5, 2003 Re£ No.: 471 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 compliance. Please note under stipulation D.1 on the reverse side of the application the permits expiration dates. BGC:sjb ATTACHMENTS cc: DSE file Dave Shallaban. HMS-Dubuque/Dyersville - w/attachments Dave Widick, Traffic and Safety-Ames w/attachments Jim Schnoebelen, Asst. Dist. Eng.-District 6-C/R w/attachments Mike Koch. City Engineer/City of Dubuque w/attachments 'r;t ~ Bruce Chrystal, Engineering Operations Tech. P.O. Box 325 Dyersville, IA. 52040-0325 563/875-2375 Authorized Highway Division Reeresentative 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 Forr~ 640004 I~'~' Permk No. 31-2003-13 ~o ~ Iowa Department Of Transportation HIGHWAY DIVISION Highway US 52 ENTRANCE PERMIT (Application for Permit to Construct Entrance from Pfivata Property to Pdmary Road or Pdmary Road Extension) County Dubuaue Project STPN-52-2(68)--2j-31 Expiration/Completion Date Nov. 1 2004 APPLICANT: APPLICANT'S SIGNATURE AND AGREEMENT Dubuque Southgate LTD 563/589-5595 Address 590 Samuel Street (Owner er Owners of Record) (Telephone NO.) Dubuque, Iowa 52003 November 19 20 03 (TownlCity) (Zip Code) (Date) A permit is hereby requested to [] construct, [] wider., [] or modify a ( [] Joint or [] Single) (iq Type A, [~ Type B, or [] Type C entrance being 45' B/B feet in width, item dght of way line to primary road traveled way, including necessary drainage structure thereunder at (MPC 043.781 ) or station 1041 95 U/South + side. The entrance shall be censtmcted with 40 ff. radius returns or 2:1 tapers as noted in the attached exhibits. NOTICE: Constr~ction of the entrance shall be completed within one year from date of Departroent approval. (If not constructed by this date or if an extension is not granted in writing by the Deparlment, this permit is null and void.) EXHIBIT OF ENTRANCE AS PROPOSED TO BE CONSTRUCTED IS ATTACHED TO AND [SA PART OF THIS APPLICATION IForm 640002) z 01 88N O Proposed entrance s located on Primary Road No. US 52 in Sec. . T. R. 2E ~:u~~' I-: i~ Dubuque County, within Miles the (direction) from City of Dubuque (city, _o LU county line or other land line) and more specifically described as follows: ~ {~ Proposed Type "B" entrance at Station 1041+95 o~ the U/south side. m z~. 0 = We. the undersigned, are me owner, or owners, of record, or the legal and duly authorized representative of the owner, of the property ~ abutting the Primary Road between Station 1031+81 iMP# 043.589 ) and Station 1047+30 u) ~ iMP# . 043.882 _ _ ) on the __ Lt/Soufi' _ __ side and agree that we shaft save the State and the Iowa -----~ De~artment~fTransp~rtatf~nharm~ess~fanydamage~ricesesthatmaybesustainedbyanypers~n~r~ers~ns co account ofthe ~ cenditions and requirements ofthisagreementoriftheentranceis not censtructedwithin oneyear from dab;of D;'pa[tment approvalas (9 E- noted below, shall render this agreement and request null and void. The app cant, by signing this application, acknowledges he or she has _z, ,,z, resd the requirements ofthe Department as stated on page 2 of this application, understands and agrees with all of the stipulations and will ,..;- ~ abide, by each in thecocetrucUon and maintenance of the access ocation requested Dubuque,,owa B='~ ~2 Dubuque Southgate Ltd. c~/~/) .~ u~ m NOTARY PUBLIC uJ ~ NOTE: Applicant shall be~pon~blq, for obtaining ~Acknowledgement;Notari~atioB,,:~ state of :/)l . . Couafy of / f ~:, On th,s y of ,before me otary Public in and for said /'~ to b~ execute the foregoing instrument, ane acknowledge Iha~ // e~ NOTE: [~eecemmend Approval [] Recommend Denia~ ~ ~: and ~e perso~ name/d/and who cursq me sam~ as a ',¢fluntaD~t and deed · ~ry Public, in and for said State ~entative when the request is located ~d the county has a zoning authority and for [] Recommend Approval []'Recommend Denial 2O Department of Transportation Action: ~;~APPLICATION APPROVED [] APPLICATION DEN ED On behalf of the Department of Tran{Dodation, Highway Divis on, the above action has been taken on this application this ~ / ~ Engineering Operations Tech ~e~H~hw~i;n ~r~en~e) ~itle) Bm~ Choral Engineering Operations Tech, ~ype or Pri~ Name) Notice of the cons~cfion sta~ date is tobe given by ~e applicant 48 houm in advance of actual constructio~ to the following: Brace Ch~stal, Engineering Operations Tech. P.O. Box 325 Dyersville IA. 52040-0325 563/S75-2375 Name Addles.~ Te/eohone Number mayT° berecordrecordedthe approvedbY State fOrapplicatio~,applicationsif desired.°n all Primary Highways except the Priority VI System. On the Priority VI System the applicant 31-2003-13 SECOND ADDITION NORTH GRAPHIC SCALE 100 200 '" = 100' MAY HAVE BEEN REDUCED SOUT}IGATE CENTER, HWY 52 S, ~ IIW ENGINEERS i I ~1,~su~wYot(s, P.e. 31-2003-13 //--APPROX. STA.. 10~7+50 / / LOT /( ..,T.__j / i SOUTHGATE'--,DENTER SECOND ADDITION B A'~A,I~CE OF 2 "I3F 3 CENTER NORTH GRAPHIC SCALE 0 100 200 1" = 100' DRAWING MAY HAVE BEEN REDUCED App ROX,~"~ ~ STA, 1031+81 SOUT~IGATE CENTER, trWY 52 S. APPROX. ROAD STA. AT PROPERTY CORNERS .rll~P"~ I1W' ENGINEERS & -- SURVEYORS, P.C. 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 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 Industrial. We believe that allowing this non conforming zoning change at this location would create unacceptable levels of dust, noise, as well as creating very dangerous traffic problems in an already congested are~ This area is predominantly residential, and heavy industrial use of this land would not aesthetically fit into our surroundings. We, the undersigned, ask that yon reject this zoning change, as it would be detrimental to the safety, enjoyment, and value of our properties. 1 2 3 4 5 6 7 8 9 10 11 12 t3 14 15 16 17 18 19 20 21 22 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 Crate 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 ~macceptable 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 aesthelieally fit into our surroundings. We, the undersigned, ask that you reject flxis zoning change, as it would be detrimental to the s~fety, enjoyment, and value of our properties. 23 24 25 26 27 28 29 30 3~ 32 33 34 35 36 37 38 39 Signature Address 4~ 42 43 44 We. the undersibmed, are resqdence, and workem in close proximity to property owned by South~m~te Development, south of Hwy. 61/151 and Hv~3r. 52, Lot 1 of ~y Gate Center No. 2. We are greatly opposed to the proposed drastic rezoning of this land from C-3 General Commercial to tvFHI Mod/fled Heavy Industrial We believe that allowing this non conforming zoning change at this location would create unacceptable levels of dust, noise, as well as creating ve~' dar:-~rous t~c pro.:~ems in au already cong~t~d are~ Thi~ ~ is predom, fi~mntly r~idmfial, mud hcavy indushdal use of Us land wo~aid not aes'~e'ti~y fit halo our surroun~ng~ We, the undersigned, ask that you reject fl~is zoning change, as it would be detd'mental to the safe~, enjoyment, and value of our prop~rties. Signature Address ~ 33 /£ £f 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 tiffs land from C-3 General Commercial to MI-II Moaified Heavy Indusltiai. We believe that allowing thig non conforming zoning change at this location would create unacceptable levels of dust, noise, as well as creating very dangerous traffic problems in an already congested area_ This area is predominantly residential, and heavy industrial use of this land would not aesthetically fit into our surroundings. We, the undersigned, ask that you reject this zoning change, as it would be detrimental to the safety, enjoyment, and value of our properties. Signature Address We, the undersigued, are residence, and workers in dose proximity to property owned by Southgate Development, south of Hwy. 61/151 and Hx~. 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 ,cr~te ,unacceptable levels o~,f .dust, noise, ~ 57_~ ~.r~ating very dan geroas traffic Problems in an mreacty congesteo area- ~ms area ts Preoonm~attuy residential, and heavy industrial u~ of this land would not aesthetically fit into our surroundings. We, the undersigned, ask that you reject this z(ming change, as it would be detrimental to the safety., enjoyment, and value of our properties. Si mn-e Ad~s d .3 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 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. / /'z IIg Ad~s 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 Induslrial. We believe that allowing this non conforming zoning change at this location would create unacceptable levels of dust, noise, as well as creating ve~, dangerous traffic proUems in an al.rea.dy congested area..Thi.'s ~ea~is.predominantly ,- residential, and heavy industrial use of this land would not aesthetically nt into our surrounrnngs. we, the undersigned, ask that you reject this zoning change, as it would be detrimental to the safety, enjoyment, and value of our properties. Si gnature Address ~ndersigned, are residence, and workers in close proximity to property owned by Y Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the proposed drastic rezoning of this land from C-3 General Commercial to MHI Modified Heavy Industrial. We believe that allowing this non conforming zoning change at this location would create unacceptable levels of dust, noise, as well as creating very dangerous traffic problems in an already congested arem This area is predominantly residential, and heavy industrial use of this land would not aesthetically fit into our surroundings. We, the undersigned, ask that you reject thin zoning change, as it would be detrimental to the safety, enjoyment, and value of our properties. Signature Address ,J/ db $'-J- V We, the undersigned, are residence, and workers in dose proximity to property owned by Southgate Development, south of Hwy. 611151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly oppOsed to the proposed drastic rezoning of this land from C-3 General Commemial 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 an already congested are~ area predominantly in This residential, and heavy industrial Use of this land would not aesthetically fit into our surroundings. We, the undersigned, ask that you reject thin zoning change, as it would be detrimental to the safety, enjoyment, and value of our properties. t,,, ¥0 Address lql ~~i We, the undersigned, are residence, and workers in close proximity to property owned by outhgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the proposed drastic rezoning of this land from C-3 General Comme~ial to MHI Modified Heavy Industrial. We believe that allowing thig 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 aestbetically 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 propeaies. Signature Address gned, 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 re:zoning of this land from C-3 General Commercial to MI:II Modified Heavy Industrial We believe that allowing thi.~ non conforming zoning change at this location would crea~ unacceptable levels of dust, noise, as well as creating very a~ngerous traffic problems in an already congests/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 zonin~ cha~ge, a~ it would be de. trimelll:al to the safety, enjoyment, and value of our prol:~rtiem Signature Address t~ / If [[ [t [[ ! t V~¢, the undersigned, are residence, and workers in close proximity to property owned by Southgate Development, south of Hwy. 611151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the proposed drastic rezoning ~f thi.~ land from C-3 General Commercial to MI-H Modi~ed Heavy Indus~al. We believe that allowing this non conforming zoning change at thig location would create ~macceptable 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 reje. ct this zoning change, as it would be detrimental to the safety, enjoyment, and value of our propertie~ Signature · - , Ad~s 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 toeafion would create unacceptable levels of dust, noise, as well as mating 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 lids zoning change, as it would be detrimental to the safety, enjoyment, and value of our properties. Signature Address We, the undersigned, are residence, and workers in close proximity to property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the proposed drastic 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 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 safe%,, enjoyment, and value of our properties. Signature Address ,721 $-73 ,,9-2' . )f' V We, the undersigned, are residence, and workers in dose proximity to property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the proposed drastic rezoning of this land from C-3 General Commemial to MHI Modified Heavy Industrial. We believe that allowing this non confomaing 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 heaw 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, ~-~-~njo~rment, and value of our properties. Signature Address We, the undersigned, are residence, and workers in dose proximity to property owned by Southgate Developmunt, south of Hwy. 61/151 and Hwy. 52, Lot i of Key Gate Center No. 2. We are greatly opposed to the proposed drastic mzoning of this land from C-3 General Commercial to MI-II Modified Heavy Induslfial. 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. ~S~gnaVare Address We, the undersigned, are residence, and workers in close proximity to property owned by Southgate Develoixnent, 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 G-eneml Commercial to MHI Modified Heavy Industrial. We believe that altowing 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 crmgested 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, enjosanent, and value of our properties. Signature Address We, the undersigned, are residence, and workers in close proximity to property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the proposed drastic rezoning of this land from C-3 General 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 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 vahie 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 Commereial 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. Signature Address December 6, 2003 Dubuque City, Council City Hall 50 W. 13ttu Street Dubuque, IA 52001 Dear Dubuque City Council Members: Enclosed you will find a copy' of our previously written letter concerning the rezoning of land for the purpose of building an Apex Concrete plant. You will also find a copy of our recent letter to the editor voicing our disappointment in the way the Zoning Advisory Commission has handled this issue. On Feb. 5 the Z.A.C. voted 6-1 not to approve this zoning change. At the Dec. 3 meeting the members suspiciously changed their votes 7-0 in favor of this spot zoning. The only things that have changed between these two votes, is the candy coated spin that the property owners, Apex' s president, and the Greater Dubuque Development Co~pomtion 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 0nly. 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 impoflantly 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 bad, with this drastic zoning change, at the Feb. 5 zoning vote, magically became covered in chocolate and sprinkled with sugar. The Z.A.C. are now convinced that you actually can screen a 60 ft. tall structure behind 3' to 4' tall plantings. (Read Dec. 3 Z.A.C. minutes) These same arborvitae will take 15 to 20 years to reach mature height of approximately 20', this is still not tall enough to screen this structure. This screening is also only to be placed on the side bordering the mobile home park, but that seems to be good enough for the Z.A.C., too bad it is not good enough for the neighbors. The Z.A.C. is also O.K. with the grossly under inflated vehicle numbers presented to the commission, not to mention these vehicles will be crossing the hi *~hway 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 concre/e plants will emit dust and noise. And even though the amount of dust and nmse may be O.K. for an industrial area, this same amount would be unacceptable in a residential neighborhood. December 6, 2003 Dubuque City Council City Hall 50 W. 13th. Street Dubuque, IA 52001 Dear Dubuque City Council Members: Enclosed you will find a copy of our previously written letter concerning the rezoning of land for the purpose of building an Apex Concrete plant. You will also f'md a copy of our recent letter to the editor voicing our disappointment in the way the Zoning Advisory Commission has handled this issue. On Feb. 5 the Z.A.C. voted 6-1 not to approve this zoning change. At the Dec. 3 meeting the members suspiciously changed their votes 7-0 in favor of 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 ~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 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 even though the amount of dust and noise may be O.IC for an industrial area. this same amount would be unacceptable in a residential neighborhood. The most disturbing fact in this whole matter, is the callous way the Z.A.C. have reacted to the safety of our children. This plant will have pits for its aggregate that will be 30' deep, other storage area~ in the open, retention ponds, and many pieces of dangerous heavy equipment. Any logical ttfinking person (especially if they have children) would not want these dangers in their nel ghborhood. The Z.A.C. sees no problem with these dangers, m fact one commissioner went so far as to say twice, at the same meeting, that ff a child were to get hurt on this property it would be "Bad Parenting". We were appalled when we heard that statement come from Mr. Dick Schiltz. Someone with that casual of an attitude toward children's safety should not be serving on any commission under any circumstances. After taking these facts into consideration, one has to wonder if these commissioners were that easily duped into completely changing their votes, or if they were just interested in asserting the Greater Dubuque Development Corporations agenda to get Apex out of the river 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 to do the same and not allow your decision on this zomng 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 back yard. Thank You for your time and consideration. Sincerely Tim & Amy Sfierman 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 rezonmg 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 wbo 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 exposure of our home directly overlooks this property and we would be unable to open our windows on this side of our home. It would be impossible to buffer our home, as well as the homes of my neighbors, from the noise, dust, diesel smell, and the mammoth looks of a 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 detrimental to existing home owngrs property values. Another problem with a plant of this nature, will be the slow moving truck traffic, added to an already congested area. Loaded concrete trucks entering Hwy. 52 will create considerable safety hazards. Fast moving traffic traveling west on Hwy. 52 will be slowed to a crawl by these trucks entering and exiting the highway. There are already many serious, as well as fatal accidents, at the intersection of Hwys. 61/151 & 52, and the areas close by. The addition of the heavy slow moving truck traffic related to this plant would greatly increa~ these numbers. As you can see, the rezoning of this land and sale to Apex creates far too many environmental, safety, and aesthetic challenges. We believe all of these challenges can not be remedied, and Apex has not offered any reasonable proposals to address these concerns, quite to the contrary Apex and Dubuque Southgate Development have done their best to ignore the concerns of the neighborhoods located north of this property. A plant such as this should be placed in an asea already zoned for industrial use, where it will fit in better with its surroundings, such us the industrial park located off the N.W, Arterial orthe industrial park located off Seippel Rd. One more thing m consider is the reason the city wants Apex out of the river front area, to beautify the river front area, for tourism. Many of these tourist will be entering through the Hwy. 61/151 & Hwy. 52 "Gateway". First impressions being the lasting impressions we would think that the city would want all of its "Gateways" to be as beautiful as its river front. By placing an unsightly concrete plant at the intersection of 3 main highways into Dubuque, you would be defeating the beautification process. Thank You for your time and consideration. 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 as 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 are the same types of businesses you would find next to many residential neighborhoods, as they compliment each other and "fit or belong" together. An Apex concrete plant does not belong next to a residential neighborhood. The vast 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 tb4.s neighborhood to put up with the intrusive looks of this mammoth structure, annoying dust and no~se, 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 andAmy Slierman 9270 Bellevue Hgts. Rd. December 9, 2003 ~ CSty Cenneil City Hall 50 W. 13m Street Dubuque, IA 52001 To Whom It May Concern, This letter is in regards to the-proposolto rezone Lot 1 of Key Gate Center No.2 from a C-3 General Commercial to ~ Modified Heavy Indm~iaL The proposed urea will be the new-home to Apex Concert This rezoning would fli~upt a large area of residential neighborhoods and also damage the Uanqnility of a The ureas afl'eoted would be Table Mound Trailer Park, Bellevue I-IeiLght% Metropolitan Height. and lffmes Of Spain and EB Lyons, and asrg other homes nestled in the counUyside uround this area~ The pt~,nned mzoning is being brought to the board with the hopes of rezoning this area and plans of building a cemem plato on the site. Th~area.was bronght up f6r rezouin~ earher this )'eaz and was tamed down by both the county and'the cipg, -none of the circumstax~s l~ve changed since then so why should this be allowed to pass7 First of ali we xealize with the Pdw~12ont Project moving ahead it is i .mponant to relocate the cement plant fsom the area,, bm we also have been lead to believe that the aheady existing indusnial sites west of Dubuque and sonth of I)abuque were zoned in sach a way to accommodate this cement ~nt Why rake on area that is hordemd on three sides by private residential neighborhoods and counnercial on one side and rezone it to MI-II whon tbere ere ureas zoned fur this already? The urea in question to b~ rezoned is the major gateway from the south into the CRy of Dubuqne. If this urea is rezoned to accommodate indestrial businesses instead of new friendly residential neighborhoods, won't visitors have a splendid weIcoming into our fair city? Not to long ago a businessman wanted to ~elneate his salvage yurd less ~ a h~lf mile f~om this site and he was mined down because of the impact his salvage yurd would have on the view emering the city, whaI makes ~ SO differem? neighborhoods will have. When those of us l'ndag in the mentioned neighborhoods bought our home we had a f~w small businesses around us, and of course a wonderful view of the counlryside. A cement plant is unt exactly the sight we had planned on enjoying on a nice summer evenm.g not to mention should we So not only will this rezoning damage the ce~ravyside but what does it do to our real estate valnes? Our neighborhood sit directly narth, aplxoximatety 500 yards f~ma the Proposed area- We ure speaking fsom experience when we say we will not be able to sit omside in the smnme~ on our decks or have our windows open wben there is a sonth wind blowing. Meat of the s~mmer we bare a south or sonthwest wind blowin~ which would b~h~g dust from the ~ whenever malerials a~ Onm?e,d ~mel from the h'uctrs driving thtongh the pla~ and it dos~. We will also heve to smell the sickening s~nell of exhanst f~om the uuc, ks either travel/rig up the steep hill to the plant or up the steep hill to the interseaion of 52 Sonth and 151/61 South. The summer they excavated that area, the dust was so bad it was imposs~ole to have windows open er sit outside. The noise is anolher factor, which should be laken ia to consideration, why should a resi~dential area be forced to listen to the indmqtri~ noises whan there am areas zoned for medified hen~ industry? The noise from the plant itseff will be disruptive enough, not to memfua the sound of the cement tracks climbing those hill.q, or tho noise of thc loads of materials being dnmped and also the bcepin~ of the trucks as the back up. It's not exactIy the sound of nature flint most of us in these residential nel~ bought our houses to hear. Then we have the concern of traffic safety at the intersection of 52 South and 151/61 South. Anyone who traffic moving along Highway 151/61 doesn't make it dangerous enough, we have the traffic from hasinesses ia the area enteaSng frem Gateway Drive and Believae Height omo 52 South. This isjust up from whore numerous cement mzcks and dump u'ucks wffi be enleting the highway ffthe rezoniag passes. The intersection at times throughout the day often has traffic backed up past the turn lane on 151/61 this lcaving turning cars sitting om in the santhbeund lanes waiting nnnl the next light Traffic is also ottan backed up down Highway 52 South w'a/6nE for the light ca~,~ing danger with cam emoriag and emeaiag and exiling area businesses. All of tiffs will be more complicated by ~cltting many cement tracks and chtmp tracks to and already busy inte~seedon, which has had 2 fatalities in the last year alone. Why mice. an already hazardous and busy imersection and toss more fuel on the fire to create a worse simafian? So in dosing we wonder why when ~ are so may negative for the area and the people involved would designated a~as for industrial use. Please exnmh~ ~lis teZOulllg igslle closely and do what is right for the people of Dubuque County and not what is right for big business. 9269 BeHevne Helgi~ Dubuque, IA 52003 Ke'vin and Laurie Kellehex 9237 Belle,,.~e Heights Dubuque, IA 52003 December 8, 2003 Dubuqu~ City Council City. Hall 50 W. t3~ Street Dubuque. IA 52001 Dear City Council, This let~r addresses the proposed zoning change to allow Apex Concrete to build a new concrete batch ~cility in the commercial/residential at~ just south of Dubuque. The proposed site was originally zoned for planned residential use. Homes, wooded areas and s few comm~cial/retail bus'messes surround it. As a nearby resident, we are vexy much opposed to the construction of a concrete batch plant on th/s site for obvious reasons. These reasons include concern over the following all of which remain real and unchanged despite recent masking att~op~: · Exceszive noise from heavy, louded h~acks laboring up hill · Distracting "backup" beeps from cement tracks as requi~d by law · Incx~sed lraffic at an already busy in. me.an · Lor, s ofaesth~c appeal · Degradation of property value · Improper use of property and zoning. Apex has requested the re-zoning of this propea~ to Modified Heavy Industrial. This is a huge leap and causes the most concexn for us. Is it not Uae purpose of zoning ordinance to l~xevent d'lssimil~rr businesses from locating in the same area? Please correct the mistake made by Oae misguided Zoning Commission and vote a~miust the r~quest for re-zoning. Sincerely, Kevia J. Kellaher 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 hazards that currently exislt. The traffic coming fTom the KwikStop area have no stop sign and are constantly pulling out in front of highway traffic that has {he fight ofway: The carwash patrons cauea-,wate~-{o .... the highway pavement which frequently freezes anti creates slippery conditions to the intersection, It is truly a dangerous area presently and causes one to have heightened defensive driving skills 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 changed 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 df/zens safety ahead of the river project and this relocation. The city already relocated the logging company to 52 South and added increased truck t~'affic there. We also were effected when the dyer dean up brought'muck, mud, old rusty barrels and old tires to be dumped onto 52 South property. The sludge was slopped onto the highway and caused hazardous conditions. When we questioned it we were given the run around and then told the bah'els were dnsed 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 lasting effects to the ground water and the ground wilt continue to need testing. Highway 52 is starting to fe~ 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 hazardsareobvioa$'end ~h~T~oiea' an~cFast is nothing any 'of yo~ wo-a~ A~aflt for your homes so we ask that you protect us from it too. Move the plant to an area that is already industrial. Let a more suitable business in that area, such as a grocery store or small retail business. Thank you for your time and attention to this matter. Sincerely, Renee and Gar~ Williams 11126 Hwy. 52 South Dubuqe, Iowa 52003 (563) 583-3277 .ii J December ?, 2003 Dubuque City Council City Hall $0 W. 13m Street Dubuque, IA 52001 Dear City Council Members, We are writing this letter in regards to re-zoning of land owned by Dubuque Soul~hgate Development. The property is located south of Highway 61 and 151, and is described As lot 1 of Keygate Center No. 2. We are greatly opposed to the proposal of rezon/ng of such a dm.ntic measure of C-3 General to MI-II (Modified Heavy Industrial). December 9, 2O03 Dubuque CiL'y Coundh Re: Proposed Apex Concrete Plant From: Marian Williams I am having a diff'mult time thinking that this area could be changed from C~.neral Commercial to Modified Heavy Indus,'iai. The dust and ~ congesl~on would be unreal. To start, the traffic in that area is quite heaW much of the day, with people coming from the southern part of DubL~que County and from Jackson County. This area is mostly residential and should be maintained as such, W'~h homes near the proposed area and the bailer parks next to and across the road, it just doesn't seem like a favorable place to build a heavy industrial plant. Doesn't the ally own propert? tha~ could be made available in a lesser popuiat~d area? Why not use some of that? With the Ught budget, ! think some of the db/existing properS, should be a viable alternative. In dosing, le.~'s keep this area as General Commercial and keep the area mastty residential housing. Harian Williams lZ20 Savanna Drive Dubuqt~e, L~ 52003 December 9, 2003 To: Dubuque City Council: Subject: Application of Dan Mueller, Re: rezone from residential, to heavy /ndust~l. 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 sleady noise of dump-trucks, bull-dozers, and other heavy equipment, also because of the dust. Hwy 52 is below form our house, it is like a valley down there and any noise is brought up the hill like an echo! The noise from heavy dump-tracks is quite lou& 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 this Hwy, from spring to late fall, in cars,strv's., on bikes and motomycles. It is my wish that the zoning decision be reverser[ Sincerely, Hannelore J. Plein 8992 Metropolitan Hts. Dubuque, Iowa, 52003 Dec~mber 9, 2003 To: Dubuque City Council: Subject: Application of Dan Mueller. Re: rezone from residential, to heavy industrial. When the zoning commission met on Feb. 5, 2003, it was voted not to rezone, therefore I am asking the council to follow thru with the same. At the above meeting there was exlxeme 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 ourmb~t important objective. 'N0is~, dust-and lung hbufs UTWork by the - above matter would be veq~ detrimental to our well- being. There may also be a question of property de-valuation, which we are not now nor will ever be at our best interest. LCt us focus on noise: 1. The environmental noise level as measured at the ear, is 92 dBA. 2. Most common ear protective devic~ protect to 21 decibels. 3. Caution: For noise environments dominated by frequencies below 500 Hz, the C-weighted environmental noise level should be used. 4. No one in the neighboring area's of Bellevue Hgts, and Metropolitan Hgts should be forced to wear no/se l~el devices. Sincerely: Charles V. Plein 8992 Metropolitan Hgts Dubuque, Iow~ 52003 TO: MEMBERS OF THE DUBUQUE CITY COUNCIL PROPOSED REZONING OF PROPERTY FROM C-3 GENERAL COMMERCIAL DISTRICT TO MHI MODIFIED HEAVY INDUS'TRIAL 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. PUTFING HEAVY INDUSTRY IN THE MIDDLE OF A RESIDENTIAL/SMALL BUSINESS AREA WILL DEVALUE ALL OUR PROPERTIES AND MAKE IT VERY DIFFICULT TO SELL. 3. BECAUSE OF THE HEAVY TRUCK TRAFFIC THIS WOULD CREATE AT AN EXTREMELY BUSY/DANGEROUS INTERSECTION; BECAUSE THIS IS ONE OF THE MAIN ENTRANCES INTO DUBUQUE FROM THE SOUTH ON THREE MA3OR HIGHWAYS - 52, 61, AND 151. THE ROTARY CLUB IS IN THE PROCESS OF A FUND DRIVE TO MAKE THE ENTRANCES TO DUBUQUE BEAUTIFUL - THIS DEFINI'TELY WOULD BE AN EYESORE TO THIS IMPORTANT ENTRANCE TO DUBUOUE!! IT WOULD NOT HELP THE CITY OF DUBUQUE'S IMAGE TO HAVE TO THIS CEMENT PLANT SETTING ON THE TOP OF THE HILL FOR ALL TO SEE! I REALIZE THE 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 SUITA_RL_F FOR THIS HEAVY INDUSTRY. WOULD YOU: LIKE TO LOOK OUT YOUR WINDOW AND SEE A BIG CEMENT PLANT NEXT TO YOUR PROPERTY?. LISTEN TO THE NOISE CREATED BY THE PLANT AND THE HEAVY TRUCK TRAFFIC? HAVE YOUR AIR POLLUTED? HAVE YOUR PROPERTY DEVALUED? I THINK NOT. THIS SITE IS ON TOP OF A HILL AND EXTREMELY VISIBLE FROM ALL DIRECTIONS COMING INTO/LEAVING DUBUQUE - WHAT AN EYESORE FOR OUR CITY. THIS CEMENT DUST IS VERY ABRASIVE TO CARS AND HOMES, NOT TO MENTION THE HEALTH PROBLEMS, THERE OVER SIX EATING ESTABLISHMENTS AD3ACENT TO THIS AREA THAT WILL BE AFFECTED BY THIS DUST (RES-1'RAUNTS/GAS STATIONS W/FOOD). THERE ARE PEOPLE LIVING IN THIS AREA WHO HAVE SERIOUS LUNG CONDI'TIONS/ASTHMA AND THIS DUST WILL CAUSE THEM MUCH HARM. PLEASE, PLEASE THI'NK VERY, VERY CAREFULLY. DO NOT PUT A HEAVY TNDUSTR~AL PLANT TN THE HI'DDLE OF A RESt.DEN'I'ZAL/SHALL BUSt'NESS AREA DO NOT APPROVE THTS REZONI'NG RE(~UEST. .loyce A. Ford 8930 Metropolitan Heights Dubuque IA 52003-7005 588-1341 December, 8 2003 Dubuque City Council City Hall 50 W. 13th. Street Dubuque, IA 52001 Dear City Council Members: We are writing this letter in response to rezoning of land owned by Dubuque Southgate Development, south of Hwy. 61/151 & Hwy. 52, lot I of Key Gate Center No. 2. We are greatly opposed to the drastic rezoning from C-3 to MHI. After living in our home for almost 50 years we have watched this area grow and develop and bdng with it a great amount of traffic. Bringing with that a great amount of traffic fatalities. We believe introducing even more large slow moving truck traffic, would furl. her dsk all d dyers, not to mention we the eldedyon this frequently traveled highway. We also believe that the Apex concrete batch plant would create many problems for the people who live and work in this area, as well as people who regularly travel through. We further believe introducing Modified heavy industrial into this area, which is mostly residential, with a few commercial properties, would be detrimental to home owners property values. We urge you to do the right 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 Dec. 6,2883 Letter to the Editor Bad Parenting Or Bad Zoning At The Dec. 3, 288:3 meeting of the Dubuque Zoning Advisory Commission, when the board members were debating the placemen! of the Apex Concrete Plant next to a residential neighborhood, Martha Christ asked the Question" What if a child were to wander onto this property and get hurt?.''. The reply from Dick 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 heavy industrial don't mix. Why then did the Dubuque Zoning Advisory Commission vote 7-8 in favor of allowing a modified heavy industrial ( Apex Concrete) plant so close to a highly populated residential area with many children. Sincerely Gary Cavanaugh JAMES L. SCHNEIDER Fur~ral Director &LOIS M. HOFFMANN'~ MAUP,/CE J. TIERNEY~' December 17, 2003 HOME HOFFMANN MORTUARY City o f Dubuque Mayor Terry Duggan Members of the Council 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 mack 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 mad 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 amd large truck traffic that feed the new businesses in the old quarries. It should also be/rioted ~t~ .~y neW,homes are going up in the neighborhood. I feel the residential traffie ~11 continue to increase and adding cement macks to the mix, on a regular basis, is ~ in ;t , 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 .becaus~l, ~id._~ent~sitors /~ ~ Trom p~a~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 Name Address City b ,~ State ~-~ Zip Sign~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.k~/. *Dust from plant, trucks, etc.. / *Noise that the plant will generate *Noise from the increased truck.traffic / *Destruction to environment ~ *Appearance to area / * Congestion to the highway/intersectionS:'"' *Uncontrolled access to state highway/ *Adds dangerous driving conditions to a tourist area/Great River Road ~. . *Industry does not belong in a resldentwal Com m e nts~;/.~.~.~.~ ~.g~_~ Name Address City ~ Signatur~~~ Date Dubuque City Council ! 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 t~ *Dust from plant, trucks, etc.. *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 ~X Comments ~ ~-~,~_ o.~- ~y ~-~.-~~ Name ~u ~ c ~.~.~ ~ ~ Address ~d ~~ ~. Ci~ ~u~u~ State ~ Signature ~ ~ ~/7-d~770~r Zip _~z_ oo ~ Date ~ ~./z ~/o~ Brian J. Kane 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, IAi2001-3069 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 13th 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 Thief for her review. Additionally, we are more than happy to make arrangements to reply to may questions or comments 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 ~~. K~e F:\WPDOCSkDONNAB~DOCS\Schneider Jeanne F LET re Apex Rezon[ng.wpd 45 Jones Street Dubuque, IA 52004-0209 (563) 582-1208 TO: Dubuque Zoning Committee RE: Response to comments 0otter) from Gary Cavanagh Fly Ash It is the policy of BARD and APEX Concx~'to 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 eliminating a process. In other words, we operate our plants in a manner where the matcaSals we usc never get to where they can cause harm. Keep in mind that cement and fly ash are not haTardous materials according to ~ U.S. Environmental Protection Agency therefore are not '~coxio" items. The attached Material Safety Data Sheet will aid you if you have any fly ash concerns. The new BARD Dyersville plant (which the new APEX plant will be modeled m°cer) 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 Quality Bureau for ready mixcd concrete plants. We understand that people would not want to breathe cement or fly ash, which is exactly why we take thc 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 unless we discharged the material in large quantities. It is in our economic 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 maintain our plants to meet thc requirements of thc U.S. Occupational Health and Safety Administration (OSHA) and the state OSHA (IOSH) for employee safety and health. We at BARD/APEX Concrete place very highly the well-being of our stuff', making sure that they are provided with an environmentally safe place to work. Subsequently, this standard assures the health and quality of life 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 ofthe community, we accept our responsibility to prevent dust and alt types of pollution. Our design incorporating a self enclosed holding facility helps ensure against your dust concerns. Our compliance history lends credence to our claim of commitment and a willingness to continue to operate environmentally conscious in our community. (Note: In reference to Mr. Cavanagh 's reference of a complaint at the current APF~Y plant at Jones Street ~n Dubuque - according to Mr. Clark Ott, Environmental Specialist Senior of the Environmental Protection Division of the Department of Natural Resources located in Manchester lowa, they have no record of any complaints on APEX Concrete.) Water Pollution The water used to produce concrete and to wash our trucks is all contained on site. Any water released off site meets all or hhe requirements of our National Pollution Discharge Elimination System (NPDES) permit issued by the Iowa Department of Nataral Resources Water Quality Bureau. We only discharge when we have assured that the water to be discharged meets the requirements of the permit. We appreciate the concern and are aware of the responsibilities of approved discharge water as it might relate to Grainger and Catfish Creek, as it is our duty to also help protect this natural resource. CLOSING COMMENTS:' Many costly effoFts 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 scmtini×ed by many governmental organizations. Their results have shown that the ready mix industry cencerns are minimal as they have implemented suggestions (such as central dust collection systems) and moved on to other industries for tbe'tr 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 safe~ concerns as APEX and BARD Concrete is. David Gibbs Safety and Environmental Director BARD/APEX Concrete Denni~ Thier President BARD/APEX Concrete ?lann~g Ser~ce$ Depm°cment City Hall 50 West 13th Street D~buque, Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax (563) 6906678 TDD planning~cityofdubuque,or g December 3, 2003 RE: Rezoning Applicant; Location: Description: The Honorable Mayor and City Council Members ~5- '- City of Dubuque .'¢ r.~ _~ City Hall - 50 W. 13th Street ~; ~, ~ ~'C Dubuque IA 52001 ~ ~- ~ Dan Muelier (tabled) Southeast of Highway 52 South and Highways ~1/151 Intersection To rezone property from C-3 (general Commercial District to MHI Modified Heavy Industrial District. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The application, staff report and related materials are attached for your review. Discussion The applicant spoke in favor of the request, reviewing the proposed rezoning and operation of the proposed Apex Concrete batch mix plant. The applicant reviewed how dust, noise and access would be handled to mitigate impact to adjacent property owners. The applicant presented letters and petitions in support of the rezoning. Staff reviewed the history of the zoning requests for the site and availability of City utilities. Staff also noted storm water detention would be required as part of any new development on the site. There were several public comments from surrounding residents in opposition to the rezoning request, citing negative impacts on traffic safety, noise and dust. Several people spoke in opposition, stating that the batch plant will negatively impact this entryway into the city. Letters and petitions were presented in opposition to the rezoning. (None of those in opposition own property within 200 feet of the proposed rezoning.) The Zoning Advisory Commission discussed the request, reviewing allowed uses in the MHI District and specific details concerning the operation of the proposed concrete Service People Integrity Respo~sibility 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 Distdct permitted uses number 42, 43, 45, 46, 47, 48 50, 52 and 53 and add concrete batch mix plant. b) Install six (6) foot high chain link fence along west property from entrance to point where topography drops off. 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 2LANNIN~ SERVICES DEPT ? £ [] Variance ["~CondlUonal Use Permit [-]Appeal I~speclal ExcepUon F~Umibed Setback Waiver PLANNING AppI TCATION FORM ~Preliminary Plat Minor Final I~at ~Tex~ Amendment [Rplez°ning E~SIm~te Site Plan armed District [~]Mlnor Site Plan B Ma~3r Site Plan Major Final Plat r-]siml~e .Subdivision Please tvae or Drlnt legibly in i~.~ :* Properb/owner(s):. OW of' Dubuque Planning Semites Department Dubuque, IA 52001-~6~ Phone: 563-589-4210 Fax; 563-589-422! [~AnnexatJon r~Tempomry Us~ Permit ~Cerfifica~e oF £oormrr~c Non-Viabiliiy uCertlflcate of ApProlxlateness C]Other: Fax Number: Mobile/Cellular Number: ~4-~,~ --~'~'~- ~-_~ Phone: .o'--'~ Site IocaUon/address: ' ~'.' ~i~ ZO~: , ~ -~ P~ zoni~:~ His~Hc ~: ~o ~nd~: .~ ~al ~on (sld~ll ~r~l ID~ or To~l pmm~ (l~) ara (m~ ~ p~l and ~n ~ a~ ~ ~able and ~en~ ~ ~t g~ appr~al; and NJ ad~on~ ~ulr~ ~SI~s~ ~an ~1 ~v~t PI~ ~Ph~ ~]mp~ p~ ~i~ r~i~ pm~ ~on ~ plan ~Plat ~er: N PC C-3 PR Re~ ised 8/26/03 Proposed Area to be Rezoned Applicant: Dan Mueller Location: Southeast of Highway 52 South and Highways 61/151 I ntersection Description: To rezone property from C-3 General Commercial District to MHI Modified Heavy Industrial District. ~-Proposed Area I to be Rezoned December 3, 2003 GreaterDubuque Why does APEX want to Move? City Development of Harbor Area City Restriction on Upgrade or Expa ' nslon Existing Plant is Old and Outdated Continued Compliance EPA regulation Growth and Expansion in Dubuque Greater~t~q~e What's has Changed · C-3 property requesting MHI zoning oMHI 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 GreaterDu~qu~ · 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 A-~'~X plant were closed Additional Changes Planned Hwy 52 Turn Lane Extension - 150 ft full width lane extension allowing immediate access for slow trucks - West bound traffic will be able to pass IDOT Confirmed Access - Hwy 52 access is being moved 70 ft. east "Seeing is Believing" ' SHOW 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 Grea~rDubuqu~ "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 Greaterll~bu~l~e APEX Control Room A clean and professionally run operation Grea~.er~ubuq~ Loading Area (inside the Plant) GreaterlDub~iq~ Batch Loading is Observed Greater~.l~.q~ Dust Collector System (unaffected by the wind) Contained Process GreaterDubuffu~¢ Aggregate Conveyor (Containment covers) The Underground Bin Area (Dust Control with Noise Barrier) GreaterD~b,que Aggregate Handling What will this LOOK like? Grea'[erl~buque Current View from Jacobs Street Barrier and Screening Planned View from Highway Intersection Greater~ View' with APEX Concrete Plant and Projected Shopping Center Greaterl)ub~q~ Gateway View Greaterl:~bu~e Planned Turn Lane Extension IDOT Approved Class "B" Access Access was granted this property over 15 yrs. ago (i 987) Class "B" = access allows up to i50 vehicles/hr Right of Access to Hwy 52 will remain regardless if this zoning is approved Advantages of APEX Current C-3 Zoning has 66 approved uses - Most w/no restriction on operating hrs, - APEX normal hrs 7-5 (M-F), 7=12 (S) · i0 acre site - APEX would be a single user Grea'[er~abaqae Peak estimated APEX vehicle traffic - 15 vehicles / hr~ - 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% lyf Greaterl)abaqa~ Vehicle Common Road Dust · A just concern? Graate~Dubuqu~ 8~541~000 veh / yr at hwy speed 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 Only concern: Storm Water is controlled · Comply with City Storm Water Management Regulations ° Retention is Included in APEX Preliminary Plan Why Approve this Request? Greater~d~uq~e "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 bycrsvill¢ Plant Great~er~j~ Sinc~ly, ~ l~d~ Owne~ Fawn Creek H~ne~ and Sa]cs BARD Concrete Dyersville Plant Visit I have visited the BARD Concrete batch plant in Dyemville, IA. During this visit I saw the outside, and inside of the Plant. The operations were explained to me and I wes permitted to asked any questions about how this plant compared to the planned facility that APEX Concrete would construct on the Dubuque Southgate Property East of the Table Mound Mobile Home Park should the re-zoning be approved. I saw a truck being loaded with concrete and I experienced the noise from within the Plant and at a distance of 250 fi_ from the plant. I saw the dust collection system and saw it work. Below are my comments: Name Address Comments 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 fur harbor development. Apex Concrete's voluntarily seeking out an appropriate location is beneficial to all of Duboque. 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 ofDubuqne Southgate's lot 1 of Key Gate Center No. 2 should be changed fxom C-3 General Commercial to MHI, Modified Heavy Industrial, m 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 2-4 Nov. 2003 We the undersigned agree that the beautification of the downtown end the harbor area is important to the city of Dubuque end its future growth. Apex Concrete recognizing that its facil/ty there is old end out-dated, wishes to voluntarily close it to allow for harbor development. Apex Concrete's voltmtarily seeking out en appropriate location is beneficial to alt o f Dubuque. The purposed rezoning request for Dubuque So uthgate'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 understending that this system will meet EPA requirements, the site will be fully paved, end sound end 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. nature Address 3-4 Nov. 2003 We the undersigned agree that the beautification of the downtown and the harbor area is important to the city of Dubuque and its future growth. Apex Concrete recognizing that its facility there is old and om-dated, wishes to voluntarily close it to allow for harbor development. Apex Concrete's voluntarily seeking out an appropriate location is beneficial to all of Dubuqne. 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 fi:om C-3 General Commercial to IV[HI, 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 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 reco~mizing that its facility there is old and out-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 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 J~om C-3 General Commercial to MI-II, Modified Heavy Industrial, to accommodate Apex. In recognition of the remoteness ofthLq property we also believe a blend of commercial, residential, and modified heavy industrial (Apex Concrete) can exist here in harmony. Si nature 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 recogni:ring that its facillty 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 xez~ning request for Dubuque Southgate's lot 1 of Key Gate Center Nm 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 rezo~ing ofDubuqne Southgate's lot 1 of Key Gate Center No. 2 should be changed from C-3 General Commercial to MHI, Modrtfied 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. 10 11 Address 12 13 14 15 16 17 18 19 20 We the undersigned agree that the beautification of the downtown and the harbor area is important to the city of Dubuque and its future growth. Apex Concrete recognizing that ks facility there is old and out-dated, wishes to voluntarily close it to allow for harbor development. Apex Concrete's voluntarily seeking out an appropriate location is beneficial to all of Dubuque. The purposed rezoning request for Dubuque Southgate's lot 1 of Key Gate Center No. 2, is necessary to permit Apex Concrete to relocate and construct a new state of the art facility. Having been shown what Apex has planned and understanding that thi~ 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 rezening 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. Im 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. Addre~ ,s We the undersigned agree tim! the Ix.-auHfication o£tiw do.town ~ its Facilily there Is .~ ~d out*dnl~J, wishcs to voJ~t~ily cJo~ It t~b~ ~evclopmenL A~X Cul~mte'~ voiultl~Jly s~kidg out ~ appmp~te l~ation is ~lleficinl {o dl of Dubuque. The purpos~ tezonlng request for Dubuq~ Southg~e's Jot I ut Key ~ale Center No. 2, is .~es~ lo ~al~t A~x Co~reie lo mio~te cufls(ruct n ~w state o[ the ~t filcilJty. 1 lavln8 ~n s~ wlmt A~x ~s planmd ~ ' u,dcrst~ndln8 t~t this system will meel EPA mq~remems, t~ site will ~ fully ~. ' and ~und nnd vieml ~riets will I~ cot~truct~. ~ tlw ~d~gi8~d al~ s~ee t~t t~ r~h~8 otDubuque Soulhgnte's 1ol 1 otKey Oate ~tcr No. 2 should ~ C-30e~ml Go~nerclai to Mill. Modi~ I lea~ l~ustrial, to ~co~te A~ In r~ugnilion ottlm ~moleoess vrthis pro.ay we nlm ~lieve a blend ofco~erc~l. ~eslde.tlal, mid nmdi~ed i~nvy industrial (A~x Conc~ie) c~ exls~ here ~ ., Add,tess We Ihe undersigned agree II]al the beautificalion of the downlown and rite I imporlnul lo the elly of Dubuque m~d ils future growth. Apex Concrete rec~ ils racilily II]ere t~; old and out-dated, wishes to voluntarily close it to allow ,PlI~i!~II~I.~SERVICES DEPARTMENT developnienL Apex Concrete'.q volunlurily seckifig out ~ appmp~te bcation ~neficlal lo ali of Dubuque. I he purposed tezonmg requesl for Dubuque 8outh~ale s 17~ I of Key Gate Center No. 2, is nccess~y to pemfit A~x Concrete [o relo~le construct a new state of the mt fitcilhy. I laving ~en shown wlmt A~x ires planned and undersl~ding that this system will meet EPA requirements, the slte will and sound and visual b~ders will Im conslructed, we the ~dersigned rez. oning of Dubuque Southgatc's lot I of Key Gate Center No. 2 should ~ c~ged ~om C-3 Oel<ral Co~erclal to Mill. Modified I leaw Industrial, to acco~t¢ A~m In recoguilion of the <moteness of this prope~y we also ~lieve a blend of comerclal, ~esidential, m~d modified heavy industrial (Apex Concrete) c~ exist here ~ I~ny. Address NOV 2'5 2003 We the undersigned agree that the beautification of the downtown and th~ hart]or area is important to the city of Dubuque and its future growth. Apex Concrete re olin[';-~, t-hnt ~', ~CIlYOF DUBUOUE its facility there is old and out-dated, wishes to voluntarily close it to alb t ~Pg~r.~gEC,¥tCES development. Apex Concrete's~oluntarily seeking o,ut an appropriate locl :ion is beneficial to all of Dubuque. Ti~ purposed rezoning request for Dubuque Southgate's lot I of Key Gate Center No. 2, is necessary to permit Apex Concrete to relocate and construct a new state of the art facillty. Having been shown what Apex has planned and understanding that tiffs system wilt 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. Address hnportant to the city orDk, buque and ils future growth. Apex Concrete fcc -: ~- - ' - UE development. A~x Couewle's vohml~ily seeking out ~ appwp~te location is ~nefieinl lo all of Dubuque. The purposed rezonlng ~equest Dr Dubuque 8outbgale~s lot I of Key Gate Center No. 2. is nccess~y to permit Apex Concrete lo relo~te ~d construct a new state of the mt facility, llaving ~en sho~ wlmt A~x ~s planned ~ underst~ding that this system wdl meet El A reqmrements, the site will ~ fully paved, mid sound and visual b~riers will Im conslructed, ~ the undersig~d al~'agree t~l t~ rezoning of D,Jbuque Soutbgate's lot I of Key Gate Ceuter No. 2 should ~ ~ged ~om C-3 General Co~nemial lo Mill. Modified Heavy Industrial, to acconn~te A~m In recognition of the remoteness of this prope~y we also ~lieve a blend of co~ercial, mstdent'al, mM modified heavy induslrlal (Apex Concrete} c~ exist hem M I~ny. 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 ~s designated for multi-family development in the Comprehensive Plan. Impact of Request on: Utilities: Existing utilities are adequate to serve the site through extension of existing water and sewer mains. Traffic Patterns/Counts: The IDOT 2001 traffic count for U.S. Highway 61/151 ~s 15,700 average vehicle trips per day. The count for U.S. Highway 52 is 7,700 average vehicle trips per day. Rezoning Staff Report -Southeast of Highway 61/151 & Highway 52 Page 2 Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any significant impacts to the environment provided adequate erosion control is provided during all phases of development and that storm water control is adequately controlled as it flows off the site. Adjacent Properties: Planning staff anticipates that adjacent properties will be impacted by increased levels of light and noise associated with development of the parcel for industrial businesses. CIP Investments: None proposed. Staff Analysis: The applicant is requesting rezoning of the subject parcel from C-3 General Commercial to MHI Modified Heavy Industrial District. The subject property is located adjacent to the applicant's existing planned commercial district and is located within the previously approved C-3 General Commercial zoning district. The applicant intends to construct a new street from U.S. Highway 52 to serve the property, which would be built to City standards and dedicated to the City. The applicant has reviewed the proposed new street, which will have access to Highway 52, with the City Engineering Division. Final approval of the access requires both Iowa Department of Transportation and City of Dubuque approval. The MHI Modified Heavy Industrial District allows for a wide range of permitted uses, and a copy of those district uses is attached for the Commission's review. The subject property to be rezoned is set back from the U.S. Highway 52 right-of-way with C-3 zoning between it and the Iq ighway 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 ,s approximately 225 feet from the mobile home park, 375 feet from the single-family home owned by Mihalakis to the east, and Highway 52 provides a buffer on the north side of the property. Staff recommends the Zoning Advisory Commission review Section 6-1.1 of the Zoning Ordinance that establishes criteria for reviewing rezoning requests. Prepared by: Reviewed: Date: /~./~ ,Z/~ ~ DU549 CH-01 .TXT (1) 3-4.4. Mill Modified Heavy Industrial District: ( A) General Purpose And 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, partieularly along the U.S. 61/151 freeway corridor, from those most intense induslrial uses which by their nature t~nd to generate levels of smoke, dust, noise or odors or have visual impacts that render them incompatible with virtually all other land uses. For this reason, the MI-II 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 lnfill of vacant parcels but is not generally intended to be an expandable district other than through the use of a planned unit development as provided in this Ordinance. (B) Principal Permitted Uses: The following uses shall be permitted in the MHI Districtx (1) Railroads and public or quasi-public utilities including substations-[47]. (2) General offices-[47]. (3) Medical/dental lab-[8]. (4) Personal services-[14]. (5) Off-street parking lot-[N/A]. (6) Gas station-[1 g]. (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) P, nimal hospital/clinlc~[23]. (16) Furniture upholstery/repair-[ 18]. (17) Business services-[29]. (t11) Banks, savings and loans, and credit unions-[31]. (19) Vending/game machine sales/service-[ 19]. (20) Indoor recreation facilities-J37]. DU549 CH-O1.TXT [2) (21 ) Mail-order houses-J23]. (22) Lumberyards/building materials sales-[l 9]. (23) Construction supplies, sales and service-Il9]. (24) Printing and publishing-J32]. (25) Moving/storage facilities-J33]. (26) Full-service carwash-J8]. (27) Auto service centers-J34]. (28) Auto sales and services-J38]. (29) Auto repair/body shop-J35]. (30) Track sales, service and repair-[39]. (3 I) Farm implement sales, services and repair-[39]. (32) Auto parts/supply-[7]. (33) Mobile home sales-J40]. (34) Motorcycle sales/service-J41 ]. (35) Boat sales/service-[40]. (36) Recreation vehicle sales/service- [38]. (37) Vehicle rental-[47]. (3g) Upholstery shop-[42]. (39) Parking structure-IN/Al. (40) Contractors shop/yard-J33]. (41) Wholesale sates/distributor-[29]. (42) Freight transfer facilities-[44]. (43) Fuel and ice dealers-J33]. (44) Agricultural supply sales-II9]. (45) Cold storage/locker plants-II5]. (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 includ'mg highly flammable or explosive materials-[33]. (411) Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment -[33]. DU549 CH-01 .TAT (3) (49) Laboratories for research or engineering-[33 ]. (50) Warehousing and storage facilities -[33]. (51 ) Manufacture or assembly of musical instruments; toys; watches or clocks; medical, dental, optical or similar scientific instruments; orthopedic or medical appliances; signs or billboards-[33]. (52) Manufacturing, compounding, assembly or treatment of articles or products ~om the following substances: clothing or textiles; rubber; precious or semi-precious stones or metals; wood; plastics; paper;, leather; fiber; glass; hair; wax; sheet metal; concrete; feathers; fur; and cork-[33]. (53) Manufacture, storage or processing of the following products or materials: glue, petroleum products or any flammable liquid; asphalt or concrete products; explosive materials of any type; s~uctural steel and foundry products; fertilizer; pharmaceutical products, including cosmetics, toiletries and soap; and stone products, including brick, building stone, and similar masonry materials-J33]. [ ] Parking group-See Section 4.2 of this Ordinance. (C)Accessory Uses: The following uses shall be permitted as accessory uses as provided in Section 4 of this Ordinance: (1) Any use customarily incidental and subordinate to the principal use it serves. 02)) 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; Co) Thirty five (35) square feet of indoor floor area (excluding halls and bathrooms) is provided per child in areas not occupied by cribs times the licensed capacity; (c) Seventy five (75) square feet of fenced outdoor recreation space is provided per child using the space at a given time; (d) Such facility shall provide for the loading and unloading of children so as not to obsmact public streets or create traffic or safety hazards; (e) All licenses have been issued or have been applied for awaiting the outcome of the Board's decision; (f) No group day care center may be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repairing or renting vehicl.es; Og) The parking group requirements can be met-[8]; and (la) 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 alt local, State and Federal regulations governing hazardous substances, hazardous conditions, hazardous wastes, and hazardous materials, including but not limited to Iowa Code chapter 455B (1991); 42 USC section 9601 of the DU549 CH-O1.TXT (4) Federal Comprehensive Environmental Response Compensation, and Liability Act; 40 CFR section 302.r; and section 302 of the Superfund Amendments and Reauthorization Act of 1986. (i) If the applicant is subject to the requirements of section 302 of the Superfand Amendments and Reauthorization 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 mct-[44]. (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. (G)Parking Requirements: See Section 4-2 of this Ordinance. (H)Signs: See Section 4-3 of this Ordinance. (Ord. No. 25-85, § 1, 5-20-1985; Ord. No. 23-90, §§ 6, 7, 3-19-1990; Ord: No. 26-90, § 3, 3-19-1990; Ord. No. 50-90, § 1, 64-1990; Ord. No. 70-90, 8 l(a)-(d), 94-1990.; Ord. No. 44-91, 88 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, 8 1, 34-1996; Ord. No. 12-96, § 1, 3-4-1996; Ord. No. 13-96, 8 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. Zoning Advisory Commission City Hall, Second Floor 50 W. 13th. Street Dubuque, IA 52001 PLANNING SERVICES DEPARTMEN']' 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 Development, south of Hwy. 61/151 & Hwy. 52, lot 1 of Key Gate Center No. 2. I am convinced that the rezoulng from C-3 General Commercial, to MHI Modified Heavy Industrial, would create many problems for the people who live, and work in this area, as well as people who regularly travel through this area. My property, is directly across from the proposed sight, our neighborhood is predominantly residential, with a few commercial properties also located in the neighborhood. To introduce Modified Heavy Industrial into this area would stagnate any fumm development of this area, as well as being detrimental to existing home owners property values. As you Know Southgate Development had tried to rezone this property back in January with the intended propose to sell the lot to Apex Concrete. I' m 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 aloud to be reconsidered. I am extremely confident that opposition for ANY type of Modified Heavy Industrial will be just as strong. This type of non-confornmng zoning change creates far too many environmental, traffic, safety, and aesthetic challenges. It is the propose of zoning laws to make sure these types of non- conforming uses do not occur. I would encourage the Zoning Advisory Commission to to the right thing and once again yore against this proposed zoning change. Thank You for your time and consideration. Sincerely Tim & Amy Stierman Planning Serdces Page 1 of 2 Planning Services Department 'i;hePlan~r~Services E)epaztmenFs mission is to ~[ki~ pafl~emhip.with our citizens to create a moro livable community and ptan for a better f~ure. The Planning Services Department reports to the City Manager and concentrates on two major activities--city planning and development services. Programs include development site planning and review, community planning, land use regela~an, zoning enforcement~ and corddor planning. Major projects underway aro dverfront planning and development, visioning and comprehensive plan implementa~on and code enforcement improvements. Plann~ma Services The Planning Services Addvity provides professional city planning services to the Long Range Planning Advisory Commission for. community visioning, comprehensive planning, special planning studies, urban revitalization and urban ronewal districts and capital improvement program input t also anticipates tong-range and short-term needs of the City and rocommende policies, plans or programs whenever possible to the City Manager, Long Range Planning Advisory Commission and City Council. In addition, it implements the plans, obtains funding and implements multi-use trail systems in the City of Dubuque. Oevalo~ ment Services The Development 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 Adjustmeof for variances, conditional uses, special exceptions and appeals. We havezenk~ m. gulations to promote a sound, safe, healthy and desirable community; to encourage good development and support the conscientious developer, and to protect existing property values and uses while providing for future generations. ZoniRq Enforcement The Development Services Activity provides enforcement of the zoning ordinance in a timely fashion on a consistent basis The benefits of historic preservation are both tangible and intangible. Histodc preservation gives a community a sense of place and continuity with its pest. It also makes economic sense. The moat expensive type of preservation raroly equals the cost 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 adversely effect the aesthetic historic or architectural significance and value of the property or neighboring prope~sa. The Planning Services Department has a customer services survey available. If you'd like you may voice your opinion electronically, or download and forward the survey to our office. Census Information The Planning Services Department is the local repository for U.S. Census information. Based on U.S. Census 2000 information, the population of the City of Dubuque is 57,686. The population of Dubuque Courrbj is 89,143. Dubuque County experienced a 3.2% increase in population since 1990. http://www.cityofdubuque.org/printer_friendly.cfrn?pageid=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 or i BELLEVUE HEIGHTS / / Dubuque County 1995-2000 32 Crashes fite://C:\WlNDOWS\Temporary%20Intemet%20Files\Content.l;E5VBFWGRJ6N~US52%20s... 8/26/03 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 tttis 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, no~se, 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, ~tbe undersigned, ask that you reject this zoning change, as it would be detrimental to the safety, oenjo~ent, and value of our properties. Signature Address We, the undersigned, are residence, and workers in dose proximity to property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are 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 creanng very dangerous traffic problems in an already congested area. This area is predominantly residential, and heavy industrial use of this land would not aesthetically fit into our surroundings. We, the undersigned, ask that you reject this zoning change, as it would be detrimental to the safety, enjoyment, and value of our properties. Signature Address 337 377 3qo 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 Co .mmereial to MHI Modified Heavy Industrial. We believe that allowing this non conforming zomng change at this location would create -naceeptable levels of dust, noise, as well as creating very dangerous traffic problems in an already congested areal 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 Addr~,~ We, the undersigned, are residence, and worke~ ia close proxir~ty to prop~ owned by Southga~ Developmeat, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are gl'early opposed ~o the proposed dras~¢ rezoning ~' this land from C-3 General Commercial to ~ Modred Heavy Industrial We believe ttmt allowing this non conforming zoning change at this location would crea~ rm~ccep~ble levels of dust, noise, as well az creating res~ocnum, aha heavy maustriat use o~ this land would not aesthetically fit into our surroundings. We, the unde~igne~ ask that yo~ l~ject this zonino~ change, as it wollld be detriment! to the ~fety, enjoyment, and value ~f our prope~ie~ Signature Address We, the undersigned, are resident, and workers in dose proximity to property owned by Southgate Development, south of Hwy. 611151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the proposed drastic rezoulng of this land from C-3 General Colin nereial to MHI Modified Heavy lndustriul: We believe that allowing this non conforming zoning change at this location would create ~macceptable levels of dust, noise, as well as creating very d~mgerous 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~ Ad~s t We, the undersigned, are residence, and workem in close proximity to property owned by Southgate Development, south of Hwy. 61/t51 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 betieve 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 resi~dential, and heavy 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. /37 /¢/ Signature Address ICq /n/9 We, the undersigned, are residence, and workers in dose proximity to prope~y owned bx' Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the proposed drastic rezoning of this land from C~3 General Commercial to MHI Modified Heavy 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 propemes. q? Signature Address Id' We, the undersigned, are residence, and workers in close proximity to property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. We are greatly opposed to the proposed drastic rezoning of this land from C-3 General Commercial to MHI Modified Heavy Industrial. We believe that allowing this non conforming zoning change at this location would create unacceptable levels of dust, noise, as well as creating very dangerous traffic problems in an already congested area. This area is predominantly residential, and heavy industri.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. Signature Address Fz .,5-9 t, t( tI- tt 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 thig land from C-3 General Commercial to MHI Modified Heavy I0dn~trial. We believe that allowing this no~n conforming zoning change at this location would cream unacceptable levels of dust, noise, as w~ll as creating very dangerous traffic problems in an already conge~d area_ Tiffs area is predominantly re~idenlial, and heavy industrial use of this land would not aesthetically fit into our surroundings. We, the undersigned, ask that you reject thia zoning change, as it would be detrimental to the safety, enjoyment, and value of our propertie~ 2 3 4 Address 5 6 7 8 9 10 11 12 13 '14 15 16 17 13 19 20 21 22 7(//.¢.::, .... Rezoning request for Apex Concrete A look at what is proposed ! an invitation to visit What does it mean to you: · Defined 225 ft. buffer from property Hne to plant itself · Visual and sound barrier with arborvitae screening · Security cyclone fencing · State of the Art batch plant complying with all EPA regulations · Normal working hours 7 AM to 5 PM (M-F), Sat 7-noon · Sole access off Hwy 52 via Sun Rise drive over 300 ft. to North of Park property · Paved site lot for dust control · No thru traffic on Stone Hill drive Come along for a visit to BARD Concrete's State of the Art batch plant in Dyersville. There you can see for yourseff how this plant will look and how it functions. You will see the outside, the inside and watch the process. You will see the dust collection system in operation as trucks are loaded. Time: Location: Transportation: Return: 9:30 AM; Saturday Oct 25th DOT parking lot near the Park office Provided 11:00 AM 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 03 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 confon,amg 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 inmmive spot zoning, especially so dose to residential neighborhoods. Signature Address We, the undersigned, are greatly oPtx~ed 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 Heavv 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 l~elieve 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. 611151 and Hwy. 52, Lot i of Key Gate Center No. 2. from C-3 General Commercial to MHI Medified Heaw Industrial to accommodate the construction of a concrete batch pl~t by Apex coneret& We beY~eve that allowing this non conforming zoning change at this location would create unacceptable levels of dust, nome, as well as creating ve~ dangerous traffic problems in an already congested area. The area surrounding this property is mostly residential, and commercial. We beY~eve it is the propose of zoning, as well as the respousibiliW 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. 61l 151 and Hwy. 52, Lot 1 of Key Gate Center No. 2. from C-3 General Commercial to MHI Modified Heavv Industrial to accommodate the constmction of a concrete batch plant by Apex concrete. We believe that allowing this non conforming zoning change at this location would create unacceplable levels of dust, noise, as well as creating very dangerous traffic problems in an already congested area. The area surrounding this property is mostly residential, and commercial. We believe it is the purpose of zoning, as well us 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 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 constmction of a concrete batch plant by Apex concrete. We believe that allowing this non conforming zoning change at this location would create anacceptable levels of dust, noise, as well as creafmg 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 responsibili~ 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 FIeavy Industrial to accommodate the construction of a concrete batch plant by Apex concrete. We believe that allowing this non conforming zoning change at this localion would create unacceptable levels of dust, noise, as well as creating very dangerous traffic problems in an already congested are~ The area surrounding this property, is mostly residential, and commercial. We believe it is the ~ 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 mzoning 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 plant by Apex concrete. 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 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 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. 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 Sq We, the undersigned, are greatly opposed to the proposed drastic rezoning of property owned by Southgate Development, south of Hwy. 61/151 and Hwy. 59_, Lot 1 of Key Gate Center No. 2. from C-3 General Commercial to MHI Modified Heavy Industrial to acxxam~odate 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 inmmive spot zoning, especially so dose to residential neighborhoods. Signature Address We, the undersigned, are greatly o~d 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 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 welt as creating ver: 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 dose to residential n(~ghborhoods. Signature Address We, the undersigned, are greatly oppo~xt to the proposed drastic rezoning of property, owned by Southgate Development, south of Hwy. 61115;1 and H~3r. 52, Lot I of Key Gate Center No. 2. from C-30eneral 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 inlmsive 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 Sonthgate Development, south of Hwy. 6t/151 and Hwy.. 52, Lot 1 of Key Crate Center No. 2. from C-3 General Commercial to Mt-II Modified Heaw Industrial to accommodate the construction of a concrete batch plant by Apex concre~. 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 thi.~ 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 Hay. 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 inhmsive 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 Southgatc 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 responsib'flity of oar government to prevent this type of intrusive spot zoning, especially so close to residential neighborhoods. Signature Address t tl qo We, the undersigned, are greatly opposed to the proposed drastic rezoning of property o~xmed 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 Iraffic 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 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 Crate 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 cong.es, ted. area. The area s .u?ounding this property is mostly residential, and commercial. We believe ~t ss the purpose of zomng, as well as the responsibility of om- 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 Heavy. Induslrial 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 ve~' dangerous traffic problems in an already congested are~ 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 115C0 ~ We, the undersigned, are greatly opposed to the !rasfic rezoning of property owned by ~outhgate DevelopmenL .south o1' Hwy. 61/151 ama r~,e~ · Lot i o£ Key from C-3 General Commercial to MHI Modified Hea~ ,: ~ to accomrm:4ale construction of a concrete batch plant ~ Apex concrete. : : ~lievc that allow~ conforming zoning c .hange at this location would create ur[~ ~ptable levels of d~k a~e. ~s ~velt as creating very dangerous traffic problems in an already con,ted area. The area summnding this property is mostly residential, and commercial. We believe it is the purpose of zomng~ a.~; well as hh.e rcstxmsib/lity of our government to prevent this ¢'pe of intrusive spot ~ming. espex:ially so close to residential neighborhoods. Signature Address / We, the undersigned, are greaUy opposed ~o ~e proposed drastic rezoning of property m~med by Southgate Development. south of Hwy. 611151 and Hwy. 52. Lot 1 of Key Gate Center No. 2. from C-3 General Commewial to Mid/Modified Heavy Industrial to accommodate the construction of a coxicmte bamh plant by Apex concrete. We believe thal allowing this non conforming zoning change at tlxis localion wo~ld ~ unacc~pmlole levels of dust. noise, as well as creating vet.' dangerous traffic probte~as in a!n already congestaxl area. The area surrounding this property is mostly residential, and commercial. We believeit is the purpose of zoning, as well as the responsibilit3, of our government to prevent this type of inumsive spot zoning, especially so dose to residential neighborhoods. Si gnature Address ~.¥e; the undersigned, are greatly opposed to the proposed drastic rczoning of property owned by aouthgatc Developmen~ ~)uth of FIa$'. 61/151 and Hwy. 52, Lot ! of Key Ga~e Center No. 2. from C-30eneral Commercial to Iv~lI Modified Heavv Industrial to accommodate the construction of a com,~retc batch plant ~ Apex concretE. We believe that allowing this non ctmforming zoning change at this location would create unacceptable levels of dust, noise, z~s well as creating ye, .dangero.u~. traffic problems in .an, ,~a~-?d, y,.cong.es, te~.~ area~ The ar~e.a. property is mostly resldentiM, and commermm, we ~X~lleVe it is trle purpose ol zorang, as reslxmsibiti~ of our government u~ prevent this type of intrusive spot zoning, especially so close residential neighborhoods. Signature Address We, the undersigned, are greatly opposed to the ~ drastic rezoning of propers, on, ned by Southgate Development, south of Hwy. 6t/t5t aad Hwy. 52, Lot 1 of Kay Gate Center No. 2. from C-3 C-ener",d Commercial to Mt~ Modiff~ed'H~w Industrial to acco~m(',dm tim coustruction of a coricrere hatch plant by Apex concrel~. We believe thal ~llowing this non conf.orming zoning change at tiffs loc~ti~ would create unacceptable levels of dust, noise, as well as creaUng veq,' dangerous trafllc problems in ~n a!ready congested area. The area surrounding this propeR' is mostly residential, and commamaial. We believeit is the ~ of zoning, as well ~ts thc responsibility of our government to preveattl'ds type of inmmive spot zoning, especially so c~ ~3se to residential neighborhoods. Signature Address We. the undersigned, ate greatly opposed to the p~d 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 accommtxtate thc construction of a concrete batch plant by Apex concrete. We believe that allowing this non ctmfom~ing zoning change at this location would create unacceptable revels of dust, noise, as well as creating ve~' dangerous traffic problems in an already congested area. The area surrounding this property is mostly residential, and commercial. We believe it is the purpose cfi zoning, as well os the responsibility of our gm'eminent to prevent this type of intrusive spot zoning, especially so ctom to residential neighborhoods. Signature Address Z~'" We, the undersigned, are greatly opposed to the proposed drastic rezoning of properS.' owned by Southgate Development, south of Hr%,. 61/151 and Hwy. 52, Lot ! of Key Gate Center No. 2. from C-3 General Commercial to MHI Modffmd Heavy Indus~al to accomm(xlate the txmstruction of a concrete batch plant by Apex concrete. We believe t 'hat allowing this non conforming zoning change at this location would create unacCeptable levels of dust, noise, as well as creating very dan~erouS traffic problems in an already congested area. The area surrounding this property is mostly r~sidential, and commercial. We believe it is the purpose of zoning, as welt as thc responsiNtity of our govemmem to prevent this ~,pe of intrusive spot zoning, espc~ally so c~se to residenti~ neighborNxyds. 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 responsibili~-' 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 ~ 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 ve~ dangerous traffic problems in an already congested area, The area surrounding this property is mostly residential, and commercial. We believe it is the purpo~ 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 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 Mill 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 unaecopmble levels of dust, noise, as well as creating very dangerous traffic problems in an already congested area. The area surrounding this property is mostly residenfiul, 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 th/s 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 ~ to c~ Coundl- Dubuque, IA Re: C~ to MH! Zonir'~j for Apex Concrete Batch, Plant We, the undersigned, as residents of l~e city of Dubuque believe that the proposed zoning change for Dubuque Southgate, Lot I of Keygate Center, No.2 on US 52 South would not be in the best interest of the dtizens of Dubuque. We feel that an inviting gateway to our city woutd tose aesthetic a..pp~, and l~at industrial use at ~fis ,~e is misplaced and would have a narrowing errec~ on any planned ~ growth. We fear that ihi~y flow and safety would be compromised by heavy truc~ traffic a~- a c~m4~]ex ntersection of frontage roads and two major LIS highways. We therefore respectfully ask that you deny this zoning change. /2 Petrdon {o C~ Coundk Dubuque, Re: C-3 to MHt Zoning for Apex Concrete Batch, Pla,~ We, the undersigned, as residents of the city of Dubuque believe that the proposed zoni.n~, change for Dubuque Southgate, Lot I of Keygate Center, No.2 on US 52 South w~.u~a no.t be m the best interest of the citizens of Dubuque. We ! .e~_ that an inviting gateway ~o our city would lose aeslt~tic appeal and ~-at industdai use at ~fis site is .m..hic. gnway.iSplaced and would have a narrowing effect, on any ptanned ~ ~. We fear that .flow and safety would be compri, mised by, heavy truck t~rafr~ a! a cc~mp]ex~ ~,mt~'. sec~, of ~ roads and two major US highways, We therefore respec~{y ask Petition to City Council- Dubuque, IA Re: C-3 to MHI Zoning for Apex Concrete Batch Plant We, the undersigned, as residents of t~he city of Dubuque believe that the proposed zoning change for Dubuque Southgate, Lot I of Keycjate Center, No.2 on US 52 South would not be in the best interest of the citizens o~ Dubuque. We feel that an inviting gateway to our city would lose aesthetic aAoeal and that industrial use at l~s site is misplaced and woutd have a narro~'~j effect on any ptanned ~e ~. We fear that highway flow and safety would be compromised t~y heavy truck traffic a~ a c~p]ex intersection of fror~age roads and two major US highways. We therefore respectfut~ ask We, the undersigned, are greatly ~m the [ztopo~l drastic rezon~ng of property owned by Southgate Development, south of Hwy, 611151 a~ Hwy. 52, Lot 1 of Key Crate Center No. 2. from C-3 General Commercial to ~ Modi~ Heavy Industrial to accommodate the construction of a coricrete batch plant by Apex corv. xete. We believe that alto~ving this non conforming zoning change at this location would create unacceptable levels of dust, noise, as well as creating very 'dangero~ u~fl-ic problems in 'da already congested area. The area surrounding this property is mostly residential, and cxmtmercial. We believe it is the purpose of zoning, as well as the responsibility of our government to prevent this type of i n~asive spot zoning, especially so clom to residential neighbtxhoods. Signature Address December 12, 2003 Mr. Terry Duggan Ms. Joyce Connors Mr. John Markham Ms. Ann Michalski Mr. Dan Nicholson Mr. Roy Buol Ms. Patricia Cline Re Cement plant zoning at Hwy 52-61-151 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 relat'mg 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 de£mitely 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 trucks 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 aga'mst allowing zoning requested in this case. Thank you for your thoughtful attention to this important matter. Mort, Dec t $, 2003 2:40 From: Bruce. Chrystal@ DOT.STATE.IA. US To: < rkfmn@earthlink, net> Cc: <Richard. Kautz@DOT. STATE. ZA. US> , <3im. Schnoebelen@DOT. STATE.IA.US>, < Arbh ur. Gou rley@ DOT. STATE. IA. US > Date; Monday, December 15, 2003 10:23 AM Subject; Concrete Batch Plant- US 52 @ US 61/15! Dubuque, Dear Richard: I've been asked to respond to your questions concerning this issue. The answers to your question are highlighted in red just below the question in your original if you have questions please feel free to ~onta~ me at 563-875-2375 or by email. Engineering Operations Te~hni~ien Dyersville, Iowa 52040 ---- Forwarded by Bruce Chrysta!/DOT/State!A on 12/t5/2003 09:51 AM ---- 12/11/2003 04:09 ~M Bruce Chrystal <Bruce.ChrEstal~DOT.$TATE.IA.US> Subject: Concrete Bahoh Plant- US 52 @ US 61/151 To: ~ichard Eautz, Distric~ 6 Engineer, Iowa Dept of Transportation Mr Kautz would like to knowthe status and application date of any requests by Apex ConcreteorDanMuetler for either of these~hange~ontheRf~ of US 52, South of the intersection w/ US 61/151: 1] Is there an application or l~mit, approved or pending, Eor reconstruction or paving of an entrance to the proposed plant on the ~W side of US 52 ? Permi~ # 21-2003-i3 just issued on 12-02-03 allo~s the exlselng Type a=c~ss to beslightl¥ releeatedfrc~it'spresent location at station 1042+56 to station 1041+95 which wilt move it 61 feet east. It also allows Page t of 2 it to be paved in accordance with the plans submitted. It does not allow for paving any right tufa lane~. This modifies permit ~6-2519 which allcwed a Type "B~ access at stations 1041+25 and 1047+51 on 8-1-88. N~te fha% the original permit {~6-2369) wkich allowed a Type "B" entrance at station 1041+25 was i~aed to John D. ~%ola on 6-1-84 and was ~ used. It did not allow for paving the entrance. Is there an application, approved or pending, for oons%ruotien of an extension to the existing northbound right turn lane on US 52 across fr~ the entrance of th~ proposed plant ? Is there plan by tDOT %o build an extension to this lane in the near or foreseeable fu%ure ? Mon, De(; 15, 2003 2:40 PM I need this information as soon as possible for presentation to a meetLng ~cheduled for Monday PM, De~ 15, 2003. E-mail re~pon~e is requested. Respeotfulty ~b~itted Richard Kaufman 6547 Mas~ey Sin Rd Dubuque IA [563] 556-1623 rkfmn@earkblink, nat Page 2 of 2 Re: C-3 to MHI Zoning for Apex Concrete Batch Plant We, the undersigned, as residents of Dubuque County feel that we will be negatively e.ffected by a propos~l~ zoning change for Dub~lue Sout. hg_a,~, _L~t, 1 of ~t~CerCter, No.2 on US 52 South. Rezoning of this tract would create an island of Modified eavy If approved, we believe that an tarring gateway to ~ cit~j of Dubuque would lose aest~tic ~ and prope~es both adjacent and beyond would be devalued. Further, we ,'ear th~ ,,icjhway flow and safety would be compromised at an already complex a.qd dangerous intersection. Therefore we respectfully ask that you deny this zoning change. t/ Pea on to Counca- Dubuque, Re: C-3 to MH! Zoning for Apex Concrete Batch Plant We, the undersigned, as residents of Dubuque County feet that we will be negatively affected by a proposed zoni~ change for Dubuque ~_,_ _t.~,~j~_ ,~, Lo, t, 1 o~ Keygate Cerrl:er, No.2 on US 52 South. Rezoning of this tract would . .c~at.e. an island of ~..~d ~ Industrial use ~ a ~.of Planned R ~. ~:. I and Commercial properties. If approved, we believe ~h~t .an in'.~ting .~tew~. to the city of ~ would lose aesthetio a~l and pro~ both adjacent and beyo~, would be devalued. ~urther. we fear that hi~vay flow and safety would be compromised at an already complex ~ Peti~on to Ci[y Counc~ Dubuque, tA Re: 0-3 to MHI Zoning for Apex Concrete Batch Plant affected by a proposed zom.~ change for Dubuque South_~._,, _L~). 1 of Keyga~ Center, No~2 on US 52 South. Rezoning of this tract would create an island of Modified Heavy Industrial use within a neighbod3ood of Planned Residential and Comm~l properties. tf approved, we ber~eve that an inviting .~atc~. y to the city of Dubuque would lose aesthetic appeal and proper'des both.?jacent and beyop, d would be devalued. Further, we fear that ,highway ftow and safety would be compromised at an already complex and dangerous intersection. Therefore we respectfully ask that you deny this zoning chang~ We, the u~dem/gned, are ~dence~ and ~x)rkms ~n cto~ ~oximi~ ~ ~ owa~ by ~h~m ~e[~en[ ~uth c~ H~'. 61 [ ~51 ~ H~ 52~ ~ 1 ~' Key G~ ~nter No, 2~ Were g~Oy ~ m ~ ~ ~c re--ag of this lm~d f~ C? C~mer~ to ~ M~F~ H~vy t~t~, We ~lieve t~ aJlc~'ing tF~s non ~onf~ing ~ c~ at this t~on would ~m m~taMe levels ofdu~, n~m, ~ welt ~ ve~' d~g~ tmfT~c ~ in ~'~r~ ~ng~J ~ This ~'~ is ~i~ay r~dmfi~ ~ ~vy ~st~ mm of ~is la~ w~ld not ~s~e~ty fit into our su~mnffmgs~ W~ ~e u~, ~k ~t ym mj~t tbs tuning chan~, ~ it wo~d ~ &tfimenml to the its'facility the~ is Old ami out-dated, wishes to voluntarily clos~ it~o allow f~r harbor bo~ial to all of Dutmque~ The ~ reining requ~t f~r Dula~lue Soutlagates lot 1 of Key Gate Center No. 2, is ~a~n,y to l~,,,,;t Apex Concrete ~o ~elocate and cons~uct a ~ ~ of~ ~ ~. ~ ~ ~wn wl~ At~ has P~I a~l mzoning ofDuimq~ Soult~'s lot 1 ofK~ Gat~ C~ No. 2 should I~ changed from ~n ofth~ ,c-olotcne~ ofth~q property v~ also ~ a bleald of co,~,,~'cial, rczoning o~ ~,s lot 1 ofK~ C~t~ C~ 1~o. 2 -~d !~ ci~ng~l fi°m c.3 C, cncral ~ ~o IHH[, Modifi~l ~ ~ to accommoda~ ~ ~" rcco~,~ oft]~ ~ess of~ pmpefl~ we abo ixd'~ a bknd of~ mzoning ofDulmque ~'s ~ 1 ~ ~ ~ ~ 2 ~ lm dmnged from n~gnition oftl~ reinotenms oftl6n property w~ also belic~ a blm~ of~ its ~act-.-.-.-.-.-.-.-~ the~ is old and out-c~ w~acs to voiumamY close ~t t° ,stow ]~)F of Key Gat~ Ce~ No. 2, is n~e~a~tto ~ AP~ Com:~ m ~ and xezm~ing of~ ~,~ lot I ofY~.y ~ Cen~r No. 2 ~mkl 1~ ciian~d from c-3 ~ ~ ~ MHL M~am~t R~vy ~ to ac~mmda~ AP~- Ia 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 MH! 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 danned 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. 151.,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. ~inutes- Zoning Advisory Commission :-: January 8, 2003 Page 5 Charles Ptein, 9040 Metropolitan Heights, said that he has concerns with the potential traffic and dust generated by the facility. DennisThei~stated that he would be willing to work with 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 that 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 Traiier Park from the facility. He sf~d that he has searched for availabJe industrial property in the area and that the Dubuque Techr~caf Park does not altow batch plants, and Tamarack lndust_ria! 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 Kfitz stated that the MHI district is the second most intense industrial district. He said that the site can be served with utilities. He outlined the uses permitted in the MHI district. He discussed the traffic 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 welt 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 stat~.:~d that storm water detention will be required through the site plan process. Commissioners discussed that the City's 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 ~he site pJan leveJ, 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 Hardie, 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 was approved by the following vote: Aye - Smith, Hurdle, Stiles and Bird; Nay - None. PUBLIC HEARING~,REZONING: Application of James Hecl~mannfTim & Malin Boge, 296 North Grandview, to rezone property from R-1 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 i 1, 2003 Dubuque City Council City Hall 50 W. 13th. Street Dubuque, IA 52001 Dear Dubuque Cily Council Members: On December 11, 2003 1 had personally visited with Mr. Jon Luckstead, Owner of Tamarack Pm-k. He stated to me that he had never been contacted by Mr. Their, or Apex Concrete, concerning the placement of Apex at Tamarack. At this time Mr. Luckstead intbrmed 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 distance from the proposed Apex site on Hwy. 52 S. to Tan~arack park and I can travel this distance in approx. 4 min. I am very confident that the Apex trucks should be able to travel this sane route in little more time. Tiffs 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 neighbors in this immediate area. I believe that the positive aspects of Apex moving into an area such as Tamarack wilt £ar out way any small negative aspects tvfr. Their might h?' to come up with. Thank You for your consideration. ~nce, ely Tim Stierman