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Spiegel - River Pointe Development Project RIVER POINTE DEVELOPMENT, LLC. P.O. BOX 50 PEOSTA,IA 52068 To: City of Dubuque Mayor Buol and City Council Members Re: January 3, 2006 City Council Meeting On behalf of A.J. Spiegel and River Pointe Development, LLC. I, George Murphy, respectfully request the 2nd reading for the River Pointe PUD be tabled from the January 3,2006 meeting to the January 17, 2006 meeting. This will allow River Pointe time to address all the questions and concerns the Mayor and City Council members have in regards to this project. Thank you, ~~ George Murphy Project Manager Q CJ r'l C) C)'-<-'::~. c ;:<' G..I Gm/df - u~) .-; .-'..j .~ , ' --\. j :--\ / ,~~) (~l <'_:.') 339b WtNDSOJ\ PM_ !JUBl'QUSi fA S;UjO H 31 r December 23,2005 Dear City Council members: Please consider the suggested possibilities of actions and decisions which might be considered in making your decision on the Spielberg development proposal as it now stands: + Has thought been given to the possible devastation to the St. Raphael Cathedral and property if extensive excavation would occur by providing an underground parking lot for the use of the residents of the high-rise condominium and those employed? Will a REPUTABLE firm be involved in making a reliable estimate of the risks involved and of law suits that may ensue? + The suggestion had been made of converting this acreage into a city park .Would this be possible? Might the city purchase this property from the present owner? If such action were taken, traffic of visitors might be controlled by- · By using local city buses already giving service on the Red Line, and having a · Shuttle bus service into such a park, AND/OR providing trolley service; . Entrance fees for vehicles might be required as is done for Eagle Point park. A compromise plan also might be a combination plan for a small park with a set-back fewer-storied condominium structure. + Local citizens seem deeply concerned about the traffic control should the project receive approval. Hopefully, this will receive ADEQUATE and RELIABLE study. Thank you for the attention you will give to the previous suggestions. Sincerely, '-i-- ~.:atU;f~uii~'1 /?!dYtv7 ./ /; /{ {/~ .::>-:.. ' C. L " Cj q ~,_~~, l~ ("". <-.1~. u Dii~~E ~~~ MEMORANDUM December 28, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: River Pointe Development Attached are the questions that were sent to A.J. Spiegel for the January 3, 2006 public hearing on the River Pointe Development. "'1.} ~ ;ZL~ Mic ael C. Van 1V11111gen ----- MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager Gus Psihoyos, City Engineer D~~~E ~~~ MEMORANDUM December 22, 2005 TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager-F SUBJECT: River Pointe PUD - City questions Enclosed as you requested is information on questions from City Council members and staff regarding the rezoning request filed by A. J. Spiegel for River Pointe PUD (Planned Unit Development). Current and incoming City Council members were contacted regarding this PUD proposal. Enclosures include the following: ~ A letter to A. J. Spiegel from Associate Planner Kyle Kritz dated December 21, 2005 that transmits questions from City Council members regarding the PUD request, as requested. ~ Questions provided by individual City Council members in writing or verbally to City staff as indicated in the enclosures. ~ Questions from City staff. Please note that not all City Council members had questions regarding the River Pointe PUD. LC/mkr Enclosures cc: Barry Lindahl, Corporation Counsel Kyle Kritz, Associate Planner Gus Psihoyos, City Engineer THE CITY OF '.'" ~"",'.c,=-.""..., Plaruting Services Department City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org ~ck~ December 21, 2005 A.J. Spiegel River Pointe Development, LLC 8650 Enterprise Drive Peosta IA 52068 Dear Mr. Spiegel: This letter provides the questions from City Council members regarding your proposed River Pointe Development on Kelly's Bluff. I have broken the questions down into three primary categories - traffic, geology, and project scale. Questions that didn't fall into those categories were grouped under "other." TRAFFIC ~ Provide additional information on the impact of the project's traffic on intersection of Hill and 3rd Streets. ~ How much will each of the improvements identified in the traffic study cost and who is going to pay for each of those improvements? ~ During construction phase, please discuss the traffic of trucks in and out of the property. How disruptive will this be to the neighbors? Which route will be used? ~ Can any improvements be made to Cardiff Street to handle the traffic that will use it? ~ Can the alleys be improved to allow parking off the alleys? ~ The overriding concern is traffic! I really like and respect Tony Zelinskas, but I am simply not convinced that the traffic study is accurate. I don't care what the statistical studies say. I'm up there all the time at all hours and what is in the report is not in my experience!! Why was 3rd and Hill Street not included? Why was the really substandard street that everyone in Dubuque knows as 3rd to be not addressed? Why is the Cardiff situation not being addressed? Why is no one acknowledging that this project will add over 250 residences to a less than 14-acre site, in an area that already experiences difficult traffic situations? GEOLOGY ~ How much underground testing (if any) has been done on project site? Service People Integrity Responsibility Innovation Teamwork Letter to A.J. Spiegel December 21, 2005 Page 2 >> How much rock will have to be removed on edges of project site to construct underground parking structures? >> Can rock removal be accomplished by sawing? >> If blasting is to be used, how will adjacent properties be protected from damage? >> How will the stability of the bluff be protected and monitored during construction. >> Will there be blasting in the construction process? >> What will be done to avoid a negative impact on the homes in the area from the construction practices - i.e., blasting, excavation of rock, etc.? >> Regarding blasting at the site, how much will this affect the adjacent properties with noise, dust, shaking of their homes or land? How many days of potential blasting? >> I am concerned that the development will go to the very front of the bluff (see above). This is where the bluffs are most fragile (see the current bluff study from the Eagle Point project). Mercy is on a bluff, as are Mount Carmel and other major Dubuque buildings, but they are built well back from the tip and on, I think, more secure soil. >> I have heard Mr. Spiegel's assurances that Terracon will be doing soil studies. Will this be the same protocol as was used at Eagle Point Park? There the damage was done before the studies were completed. Limestone is not granite and cannot be treated as if it were. PROJECT SCALE >> Can the scale of the project be reduced in height or number of dwellings? If not, why not? >> A computer generated model of what the completed project will look like from the bridge, Port of Dubuque, and other areas would be helpful. Is this possible at this point? >> I have what I believe are legitimate concerns regarding the height and number of stories. The modifications already made help, and I realize the motive for making these buildings so tall, but the buildings' height seems totally out of proportion to the size and the conformation of the bluff. >> The size and bulk of the buildings I find inappropriate and offensive. Located as they are to the very front of the bluff, they are overwhelming. I do not believe that good architectural practice counts "overwhelming" or "monster" as a good principle. Letter to A.J. Spiegel December 21, 2005 Page 3 ~ As he did at the north bluff, Mr. Spiegel is, I believe, overbuilding the lot. This will result in a number of problems related to traffic, storm water control, erosion, and even safety. ~ Unlike some of the protestors to the project, I do not believe that the project is overly dense. Good urban planning favors a considerable degree of density. If the buildings were attractive and fit well into the amount of land available, I would not have any questions about density, except for the related traffic issues. OTHER ~ How can we be assured that local labor will be used in this project, if approved? ~ The issue of burial grounds has been raised. What needs to be done to address this concern? ~ The condo that will be built closest to Mr. Nagel's property, how far away will your condos be from his property? ~ I know that "aesthetics" has become a dirty word, but "the character of the district" is a legitimate concern as is "the peculiar suitability of such area for a particular use" not to speak of "...the most appropriate use of land throughout such city." The look of our buildings is uniquely important in Dubuque. I am not one who says that buildings built in the 20th century should look like buildings from the 18th century, but harmony and integrity are extremely important architectural and development principles and should not be ignored. ~ I will expect a more specific commitment from Mr. Spiegel and staff in regard to storm water and erosion control. General reassurance that "everything will be fine" is not enough. Please be prepared to provide responses to these questions for the City Council meeting on Tuesday, January 3, 2006. Written information for the Council packet will need to be submitted by noon on Wednesday, December 28, 2005. If you have any questions, please feel free to contact me at 589-4210. Sine:;;, 1 ~ Kyle L. Kritz 17' Associate Planner KLKlmkr cc: Mike Van Milligen, City Manager Laura Carstens, Planning Services Manager Gus Psihoyos, City Engineer COpy .J-."~"Ma.'''''' Vb"" 1:NYl -1I1LI~ January 30, 2003 Ms. Laura Carstens, City Planner City Hall - Planning Department 50 West 13th Street Dubuque,IA 52001 Re: Zoning Reclassification Public Hearings Dear Laura: I have recently provided you with an opinion that comments from the public at a public hearing on a zoning reclassification before the Zoning Advisory Commission should be germane or relevant to the zoning reclassification. You have now asked us for guidance on the question of what comments would be germane or relevant. The best way to answer that question is to review the ba!'lis for zoning regulations set out in Iowa Code Chapter 414. Iowa Code S 414.1 provides that a city is empowered to regulate and restrict the following: . the height, number of stories, . the size of buildings and other structures, . the percentage of lot that may be occupied, . the size of yards, courts, and other open spaces, . the density of population, and . the location and use of buildings, structures, and land for trade, industry, residence, or other purposes. The purpose for such regulations, as set out in the statute, is for "promoting the health, safety, morals, or the general welfare of the community or for the purpose of preserving historically significant areas of the community." Under Iowa Code S 414.2, the city council may divide the city into districts and within such districts, it may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land, again for the purpose of promoting the health, safety, morals, or the general welfare of the community or for the purpose of preserving historically significant areas of the community. Under Iowa Code ~ 414.3, the regulations must be made in accordance with the comprehensive plan and designed to: . preserve the availability of agricultural land; ___. consider the protection of soil from wind and water erosion; ~. encourage efficient urban development patterns; . lessen congestion in the street; . secure safety from fire, flood, panic, and other dangers; . promote health and the general welfare; . provide adequate light and air; . prevent the overcrowding of land; . avoid undue concentration of population; . promote the conservation of energy resources; . promote reasonable access to solar energy; and _. facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. The statute provides further that such regulations shall be made, "with reasonable consideration, among other things," to the following: ..... The character of the area of the district =. The peculiar suitability of such area for particular uses, and __. With a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such city. In our opinion, public comments that relate to any of these purposes and considerations would be germane or relevant to a zoning reclassification issue. Very sincerely, Barry A. Lindahl, Esq. Corporation Counsel BAUls cc: Mayor and City Council Members Michael Van Milligen, City Manager Eugene Bird, Chairperson, Zoning Advisory Commission Kyle Kritz, Associate Planner QUESTIONS FROM COUNCIL MEMBER PAT CLINE: (As provided to Mike Van Milligen over the phone 12/20/05) ~ Will there be blasting in the construction process? ~ What will be done to avoid a negative impact on the homes in the area from the construction practices - i.e., blasting, excavation of rock, etc.? ~ Can any improvements be made to Cardiff Street to handle the traffic that will use it? ~ Can the alleys be improved to allow parking off the alleys? QUESTIONS FROM COUNCil MEMBER DAN NICHOLSON: (As provided to Kyle Kritz over the phone 12/20/05) ~ Has any underground testing been completed? ~ How much rock will have to be removed along edge of bluff where parking garages will be constructed? ~ Can rock removal be accomplished by sawing? QUESTIONS FROM COUNCIL MEMBER JOHN MARKHAM: (As provided to Kyle Kritz over the phone 12/20/05) ~ How will blasting be accomplished and impact to adjacent property. ~ Impact of project traffic on West 3rd and Hill Streets. ~ Depth of rock that has to be removed to construct underground parking and it impact on bluff stability. QUESTIONS FROM COUNCIL MEMBER KARLA BRAIG: (As provided to Kyle Kritz over the phone 12/20/05) ~ Can scale of project be reduced to eight stories? If not, why? ~ How can we be assured that local labor will be used in this project, if approved? QUESTIONS FROM MA VOR-ELECT ROV BUOL (As provide to Kyle Kritz over the phone 12/20/05) ~ Impact of addition traffic on intersection of W. 3'd Street and Hill Street. ~ Is there any ability to compromise on scale of project? QUESTIONS FROM CITY STAFF: ~ How much would each of the improvements cost that are identified in the traffic study? ~ Who is going to pay for each of these improvements? Questions for Mr. SDieoel 1) Regarding blasting at the site: How much will this affect the adjacent properties with noise, dust, shaking oftheir homes or land? How many days of potential blasting? 2) The issue of Burial Grounds has been raised. What needs to be done to address this concem? 3) The condo that will be buill closest to Mr. Nagel's property, how far away will your Cl>ndo be from his property? 4) During construction phase, please discuss the traffic of trucks in and out oftheproperty. How disruptive will this be to the neighbors? Which route will be used? 5) A computer generated model of what the completed project will look like from the bridge, Port of Dubuque, and other areas would be helpful. Is this possible at this point? Questions for the Citv Many people spoke ofthe traffic concerns. Even if Mr. Spiegel didn't build his develoPlJlent, it seems like we already. have a problem in the area, especially at Third & Hill and also Langworthy & Hill. Any plans to alleviate some of the congestipn in this area? Joyce COAj1ors J co nllors63,'Q) mclisi .com 582-3843 (hpme) 556-2580 (wprk) Questions from Ann Michalski I have reviewed a letter from Barry Lindahl to Laura Carstens dated January 20, 2003 and copied to the City Council. In it Barry summarized the Iowa Code regarding zoning classification and reclassification. I attach a copy of this letter, not because you are not familiar with it (I'm sure you are!) but to show you the source of most of my concerns and questions. In addition, I have a few concerns that arise from Mr. Spiegel's other bluff project. CllhcerhS 1. I have what I believe are legitimate,(egarding the height and the number of stories. The modifications already made/help - and I realize the motive for making these building so tall - but the buildings' height seemitotally out of proportion to the size and the conformation of the bluff. 2. The size and bulk of the buildings I find inappropriate and offensive. Located as they are to the very front of the bluff, they are overwhelming. I do not believe that good architectural practice counts "overwhelming" or "monster" as a good principle. 3. As he did at the north bluff, Mr. Spiegel is, I believe, overbuilding the lot. This will result in a number of problems related to traffic, stormwater control, erosion, and even safety. 4. Unlike some of the protesters to the project, I do not believe that the project is overly dense. Good urban planning favors a considerable degree of density. If the buildings were attractive and fit well into the amount ofland available, I would not have any questions about density, except for the related traffic issues. 5. I am concerned that the development will go to the very front of the bluff (see above). This is where the bluffs are most fragile (see the current bluff study from the Eagle Point project). Mercy is on a bluff, as are Mount Carmel and other major Dubuque buildings, but they are built well back from the tip and on, I think, more secure soil. 6. I will expect a more specific commitment from Mr. Spiegel and staff in regard to stormwater and erosion control. General reassurance that "everything will be fine" is not enough. 7. The overriding concern is TRAFFIC! I really like and respect Tony Zelinskas, but I am simply not convinced that the traffic study is accurate. I don't care what the statistical studies say. I'M UP THERE ALL THE TIME AT ALL HOURS AND WHAT IS IN THE REPORT IS NOT IN MY EXPERIENCE!! And why was 3rd and Hill not included? Why was the really substandard street that everyone in Dubuque knows~o be not addressed? Why is the Cardiff 3V".l situation not being addressed? Why is no one acknowledging that this project will add over 250 residences to a less than 14 acre area in an already difficult traffic situation? I just don't get it. 8. I know that "aesthetics" has become a dirty word, but "the character of the district" is a legitimate concern as is "the peculiar suitability of such area for a particular use" not to speak of". . . the most appropriate use of land throughout such city." The look of our buildings is uniquely important in Dubuque. I am not one who says that buildings built in the 20th century should look like buildings from the 18th century, but harmony and integrity are extremely important architectural and development principles and should not be ignored. 9. I have heard Mr. Spiegel's assurances that Terracon will be doing soil studies. Will this be the same protocol as was used at Eagle Point Park? There the damage was done before the studies were completed. Limestone is not granite and cannot be treated as if it were. I did vote for the project on Monday and I would like to vote for it again at the next two meetings, but I cannot cast a positive vote in good conscience if these concerns of engineering suitability, traffic, and aesthetics cannot be answered. No one values good jobs and steady paychecks more than I do, but these cannot be to the long term detriment of our city. I hope these questions and concerns can be resolved. They are not easy ones for Mr. Spiegel or for me! December 21,2005 COpy T...-I;"""",d....... k;l>M 1J1IYI m;~ January 30, 2003 Ms. Laura Carstens, City Planner City Hall - Planning Department 50 West 13th Street Dubuque, IA 52001 Re: Zoning Reclassification Public Hearings Dear Laura: I have recently provided you with an opinion that comments from the public at a public hearing on a zoning reclassification before the Zoning Advisory Commission should be germane or relevant to the zoning reclassification. You have now asked us for guidance on the question of what comments would be germane or relevant. The best way to answer that question is to review the ba"is for zoning regulations set out in Iowa Code Chapter 414. Iowa Code S 414.1 provides that a city is empowered to regulate and restrict the following: . the height, number of stories, . the size of buildings and other structures, . the percentage of lot that may be occupied, . the size of yards, courts, and other open spaces, . the density of population, and . the location and use of buildings, structures, and land for trade, industry, residence, or other purposes. The purpose for such regulations, as set out in the statute, is for "promoting the health, safety, morals, or the general welfare of the community or for the purpose of preserving historically significant areas of the community." Under Iowa Code S 414.2, the city council may divide the city into districts and within such districts, it may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land, again for the purpose of promoting the health, safety, morals, or the general welfare of the community or for the purpose of preserving historically significant areas of the community. Under Iowa Code 9 414.3, the regulations must be made in accordance with the comprehensive plan and designed to: . preserve the availability of agricultural land; .--. consider the protection of soil from wind and water erosion; -. encourage efficient urban development patterns; . lessen congestion in the street; . secure safety from fire, flood, panic, and other dangers; . promote health and the general welfare; . provide adequate light and air; . prevent the overcrowding of land; . avoid undue concentration of population; . promote the conservation of energy resources; . promote reasonable access to solar energy; and -. facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. The statute provides further that such regulations shall be made, "with reasonable consideration, among other things," to the following: ..... The character of the area of the district =. The peculiar suitability of such area for particular uses, and __. With a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such city. In our opinion, public comments that relate to any of these purposes and considerations would be germane or relevant to a zoning reclassification issue. Very sincerely, Barry A. Lindahl, Esq. Corporation Counsel BALtls cc: Mayor and City Council Members Michael Van Milligen, City Manager Eugene Bird, Chairperson, Zoning Advisory Commission Kyle Kritz, Associate Planner