Zoning 55 W. 32nd Kunde NEnd Wrecking
Planning 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
D'~O~~
~ck.~
February 7,2006
The Honorable Mayor and City Council Members
City of Dubuque
City Hall- 50 W. 13th Street
Dubuque IA 52001
Applicant:
Location:
Description:
Roger Kunde/North End Wrecking
55 W. 32nd Street
To rezone property from AG Agricultural District to HI 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. He submitted an NPDES permit and a
letter from City Engineering stating the site was compliant regarding erosion control and
storm water management. He also submitted a packet of information proposing
conditions on North End Wrecking's operations.
Staff reviewed the zoning history and proposed screening for the site, and
correspondence from the City Engineering Department.
There were no public comments.
The Zoning Advisory Commission discussed the request and reviewed the conditions
proposed by the applicant.
Recommendation
By a vote of 6 to 1, the Zoning Advisory Commission recommends that the City Council
approve the request with the conditions that:
1) Screening be installed along the north zoning district boundary line as per
submitted cross-section.
2) The hours of operation be limited to 8:00a.m. to 5:30 p.m. Monday thru Friday,
and 8:00 a.m. to 12:30 p.m. on Saturday.
Service
People
Integrity
Responsibility
Irmovation
Teamwork
Roger Kunde/North End Wrecking, Inc.
Page 2
3) The bailer and crusher not be placed on the rezoned property.
4) No building will be located on the rezoned property.
5) The screening fence along the north district boundary line will be completed by
January 1, 2008.
Iowa Code requires that the property owner(s) agree, in writing, to a conditional
rezoning prior to the close of the City Council's public hearing.
A simple majority vote is needed for the City Council to approve the request. A super
majority vote is needed for the City Council to remove or change a condition
recommended by the Commission.
Respectfully submitted,
M~
Jeff Stiles, Chairperson
Zoning Advisory Commission
Attachments
cc: Gus Psihoyos, City Engineer
D~~~E
~</N.-~
oty of Dubuque
Planning Services Department
Dubuque, IA 52001 ~64
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
o Variance
OConditional Use Permit
OAppeal
OSpedal Exception
OUmited Setback Waiver
1iI Rezoning
tj Planned District
DPreliminary Plat
DMinor Rnal Plat
[]Text Amendment
OSimple Site Plan
DMinor Site Plan
o Major Site Plan
o Major Final Plat
DSimple Subdivision
OAnnexation
[]Temporary Use Penmit
OCertificate of Eoonornic Non-Viability
OCertificate of Appropriateness
OOther:
Please tvoe or Drint leaiblv in Ink
Property owner(s): North End
Addr~: 55 W. 32nd St.
~b3-~ClH-lJlIJJ
Fax Number: 563-556-5097
Auto Wrecking, Inc.
Phone: 563-556-0044
Oty: Dubuque State:-1A- Zip: 52001
- Attorney Bitter
Mobile/Cellular Number: 563- 590-1652
Applicant/Agent: Roger Kunde, Pres i dent
Phone: 563-590-1652
Address: 55 W. 32nd St.
~b3-~HH-1J103 - Attorney
Fax Number: 563-556-5097
Site location/add~: 55 W. 32nd St.
oty: Dubuque State:...ffi..- Zip: 52001
Bitter
Mobile/Cellular Number: 563- 590-1652
Existing zoning:
AG
Proposed zoning: H. In d Historic District: No landmark: 1...10
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): I nt 1 nf I nt 1 nf
Lot 1 of Oakwnnrl ; n thp r.ity nf DllhllqllP, T nWri
Total property (lot) area (square feet or acres): ." 7" 'Pl-P' oS. c,!5
Describe proposal and reason necessary (attach a letter of explanation, if needed):
See atta~hprl lpttpf
CERTIFICATION: I/we, the undersigned, do hereby certify that:
1. The information submitted herein is true and oorrect to the best of my/our knowledge and upon
submittal beoomes public reoord;
2. Fees a refundable and payment does not guarantee approval; and
3. 'onal ritten and ra ic materials are attached.
Date: /D- 51~DS-
Date:
se h J. Bitter 485 Locust Dubu ue IA 52001 -Phone: 563-588-4608
FOR OFFICE USE ONLY - APPUCATION SUBMITTAL CHECKUST
Fee~~' 6'" Received by: ~ Date: ~ Docket:
DSite/sketch plan 0 Conceptual Development Plan Dphoto DPlat
Dlmprovement plans DDesign review proj~ description DAoor plan DOther:
BITTER LAW OFFICES
485 LOCUST STREET
DUBUQUE, IOWA 52001-6940
Joseph J, Bitter'
Thomas A. Bitter
Office: 563-588-4608
Fax: 563-588-0103
Residence
Joe: 563-582-1768
Tom: 563-582-7545
'Also licensed in Illinois
Client parking in rear
January 31, 2006
Zoning Advisory Commission
City of Dubuque
City Hall
50 West 13th St.
Dubuque,IA 52001
RE: North End Wrecking/Roger Kunde Rezoning Request
Now Scheduled for Wednesday, February 1,2006
Perhaps you have had an opportunity to familiarize yourself with the smash Broadway stage play
written by Roger Kunde entitled "A Funny Thing Happened on the Way to My Rezoning".
We appeared before you on December 7, 2005. Prior to that time, we submitted to you a written
proposal dated December 5, 2005. I enclose a copy for your easy reference purposes.
On December 7, 2005, it was our impression that your Commission was unanimously in favor of
the rezoning request for the 3.9 acres of property which North End Wrecking seeks to rezone
from Ag to Heavy Industrial.
At the December 7, 2005 meeting, some of the members of the Commission expressed concern
over whether or not Mr. Kunde would need a discharge permit. It was suggested by your
Commission and readily agreed to by us that the meeting be adjourned and the rezoning request
tabled until a later date so that we could make inquiry as to whether or not a discharge permit is
required, and if so, the additional time would allow us to apply for and obtain that discharge
permit.
Mr. Kunde and his assistant, Mr. Steve Simon, feeling that your concerns were legitimate and
should be addressed, made prompt contact with the City of Dubuque to determine what permits
might be necessary, and how those permits could be obtained. They have worked closely with
City staff, and we enclose a letter dated December 29, 2005, from Deron Muehring. Mr.
Muehring is the staff member deemed most qualified in this particular area. A copy of the
December 29, 2005 memorandum is enclosed. Further, at the time this letter is dictated, we are
expecting to receive a follow-up letter from Deron Muehring stating that there is no problem
with erosion and water runoff, and the amount of discharge is well within recognized tolerances.
Perhaps if his letter is received by us by the time this letter is typed for presentation to you, we
will attach a copy. In any event, we are sure that you will receive a copy in your packet of
information to assist you in your deliberations.
Zoning Advisory Commission
January 31, 2006
Page 2
It is my recollection that the only issue that concerned the Commission on December 7, 2005
was the water runoff and the possible need for a permit. However, the City staff has been
working with Mr. Kunde and Mr. Simon. Mr. Kunde and Mr. Simon were told who to contact in
Des Moines, and they promptly followed up and contacted Mr. Joe Griffin with the Department
of Natural Resources. Mr. Griffin suggested and required that pursuant to Iowa law, a notice be
published in two separate newspapers of general circulation in Dubuque, Iowa. That notice has
been published, and part of the packet that you will receive from us shows compliance.
Enclosed with our packet you will also find the two page storm water discharge permit issued by
the Department of Natural Resources, under Permit Discharge Authorization No. 10724-10521.
The City staff has also suggested that in order to assure friendly relations with the neighborhood,
certain restrictions be placed on the approval to rezone the 3.9 acres. Those restrictions are as
follows:
1. The work activities on the 3.9 acres will be restricted to 8:00 a.m. through
5:30 p.m., Monday through Friday, and 8:00 a.m. to 12:30 p.m. on Saturday.
2. No building will be constructed or moved onto the 3.9 acre parcel.
3. The baler and the crusher will not be located on the 3.9 acres. In fact, Mr.
Kunde has plans to construct a permanent base quite some distance to the south and east
on other property that he owns. The baler and crusher will be located together on that
pad. This will give significant distance between the baler and the crusher and any
residential property.
4. Mr. Kunde will construct a fence and/or berm along the northwest corner
of the property to be rezoned. Construction has been started, and will be completed as
soon as possible, but not later than January I, 2007. While the construction of the
fencelberm is in progress, and until it is completed, Mr. Kunde will not place or allow
any cars in that northwest corner at any point where fencing and the berm have not been
completed. This is so that neighbors need not view cars. Naturally, when construction is
completed, the possible complaints about cars being visible will be eliminated. In
addition, Mr. Kunde is in the process of constructing a fence along the northeast side of
the property. Presently, he is filling in along the perimeter in the northeast corner so that
the berm can be constructed. This will be completed by the year 2008.
.J.pN I
Mr. Kunde and Mr. Simon will be present at the meeting to answer any questions. We trust that
staff will be present also should there be any concerns.
Zoning Advisory Commission
January 31, 2006
Page 3
Thank you for your past considerations and for your careful attention to this request.
Very truly yours,
Jq:.~
JJBIkm(6)
Enc.
cc: Jeff Stiles, Chair
Eugene Bird, Jr., Vice-Chair
Martha Christ, Secretary
Richard Schiltz
Stephen Hardie
Ken Bichell
Ron Smith
BITTER LAW OFFICES
485 LOCUST STREET
DUBUQUE, IOWA 52001-6940
Joseph J. Bitter'
Thomas A. Bitter
Office: 563-588-4608
Fax: 563-588-0103
Residence
Joe: 563-582.1768
Tom: 503.582.7545
. Also licensed in lJIinois
Client parking in rear
December 5, 2005
Planning & Zoning Commission
City of Dubuque
City Hall
50 West 13tl, St.
Dubuque,IA 52001
RE: North End WreckingIRoger Kunde Rezoning Request
Now Scheduled for December 7;2005
On behalf of the applicants, we wish to request rezoning of approximately 3.9 acres of property
to Heavy Industrial. Approximately one month ago, your Board unanimously recommended to
the City Council rezoning additional property for Heavy Industrial. The City Council likewise
approved this rezoning unanimously. At your meeting, one young man expressed concern. He
was John H. Hamilton who had recently moved to Olympic Heights, having purchased the
residence formerly owned by Mr. and Mrs. Richard Koob. Mr. H"milton had expressed concern
that Heavy Industrial allows a multitude of uses, and he was unclear about the purpose for the
rezoning request. We met with Mr. Hamilton and explained to him that a salvage yard was the
only use being sought. On the basis of that explanation, he indicated that he had no objection to
the rezoning request. You recommended rezoning and the City Council approved it. Likewise,
there were no obj ectors at the City Council meeting and the request was approved 7 to O.
We now come before you asking to rezone additional property. This property is the same or_
similar to our rezoning request made more than a year ago. The Commission recommended the
rezoning at that time, but the City Council had concerns about screening. We believe that we
have addressed the screening issue very extensively and that Mr. Kunde can satisfy the City and
the neighbors that he is sensitive to their concerns and willing to do about anything necessary to
show his good faith and willingness to be a good citizen.
We enclose some documents for your consideration, including the letter that I wrote to the City
Council for the previous rezoning which was approved.
Planning & Zoning Commission
December 5, 2005
Page 2
Thank you for your consideration.
Very truly yours,
Jffi/km( 6)
Ene.
cc: J~ff Stiles, Chair
Eugene Bird, Jr., Vice-Chair
Martha Christ, Secretary
Richard Schiltz
Stephen Hardie
Ken Bichell
Ron Smith
BITTER LAW OFFICES
485 Locust Street
Dubuque, Iowa 52001
Joseph J. Bitter ·
Thomas A. Bitter
* Also licensed in Illinois
Phone: (563) 588-4608
Fax: (563) 588-0103
October 18,2005
The Honorable Mayor and Members of the City Council
City of Dubuque Iowa
Re: Roger KundelNorth End Wrecking, Inc.
Please consider this a brief summary of our position.
1. We submit that this is the perfect place for a salvage yard. A salvage yard has
been in this same location for about 50 years. Roger Kunde operates a very orderly
salvage yard. By nature, salvage yards are not neat and orderly like a flower garden, but
we believe that Mr. Kunde has done about as good a job as can be expected of a salvage
yard. The staff has been there numerous times and some of the members of the council
have been there.
2. The Zoning Commission unanimously approved the rezoning request.
3. There is absolutely no other use for this property. It could never be used for
any purpose other than undeveloped land, if not used as a salvage yard.
4. At the Zoning Commission there was one person who appeared who expressed
concern. This is a young gentlemen who has recently moved on to Olympic Heights. We
spoke with him at length after the zoning meeting, and he was very favorable to Mr.
Kunde. He told us repeatedly how he was not opposed to expanding the salvage yard.
His only concern was that the zoning requested could produce a large number of other
possible uses, some of which were objectionable to him. We assured him that Mr. Kunde
will never use this property for any of those other undesirable purposes. He appeared to
be completely satisfied by that, and again we reiterate that he was not opposed to the
rezoning for the purposes of a salvage yard.
5. The Zoning Commission wanted Mr. Kunde to agree to certain restrictions.
Those restrictions were in our opinion very reasonable and Mr. Kunde agreed
immediately to abide by them. Laura Carstens prepared the memorandum which Mr.
Kunde signed immediately. The conditions are:
The Honorable Mayor and Members of the City Council
October 17, 2005
Page 2
a) Maintain the existing vegetation. Mr. Kunde intends to do this and in
fact has planted other vegetation in the form of fast growing trees which
he hopes will screen the property even better than it is now screened.
There is very little residential property within a reasonable distance, and
Mr. Kunde will screen the fencing and vegetation 10 the satisfaction of the
City. We believe that in dealings with the City staff in the recent past, he
has shown his best intentions and that he is a man of his word. Mr. Kunde
does not intend to remove any natural vegetation which will allow the few
residences within 300 feet to view the salvage yard. We agree with the
Staff report that states that "the proposed heavy industrial area is
physically well separated from adjacent residential land uses." The City's
concern that if the natural vegetative buffer is removed during
development, the yard may be more visible to residential areas which,
are in fact, quite some distaiJ.ce away. Mr. Kunde intends to lower the
grade of the property at least six feet or more which will greatly reduce its
visibility from the outside. North End Wrecking is so welled screened
from the outside that many people are not aware of it, and very few people
are aware of the salvage yard located behind the office building.
b) No salvage material should be allowed south of the tree line. Mr.
Kunde agrees.
c) No buildings should be constructed on the prop,~rty. Mr. Kunde
agrees.
6. This property will be surrounded by property owned by Mr. Kunde/North End,
except on the south along 32nd Street where the property will be adjacent to City property.
There are houses on the City property which have been removed or are being removed
because of the storm detention basin. The City will construct a basin on its own property,
and the City seeks an easement from Mr. Kunde. This will be a valuable concession to
the City, which Mr. Kunde is willing to grant in exchange for the rezoning, at no charge.
7. At the zoning meeting, I do not recall any negative comments made by City
Staff. I think your Staff couId confmn that Mr. Kunde has been most agreeable-and
cooperative. He has been a good citizen, and will continue to be a good citizen.
8. Mr. Kunde and Mr. Steve Simon, an agent of North End Wrecking will be
present at the meeting to answer any questions.
The Honorable Mayor and Members of the City Council
October 17, 2005
Page 3
Thank you for your consideration.
Very truly yours,
Joseph J. Bitter
Bitter Law Office
JJB/jt/2
BITTER LAW OFFICES
485 LOCUST STREET
DUBUQUE, IOWA 52001-6940
JQseph J. Bitter'
Thomas A. Bitter
Office: 563.586-4606
Fax: 563.566-0103
Residence
Jce: 563.582.176E
Tom: 563.562.754E
. Also licensed in Illinois
Clienl parking in rear October 31. ~005
RE: Zoning Appeal on PropeJ1y Owned by North End Auto Wrecking, Inc.
N0I1h End AulO Wrecking, Inc. ancll~oger Kunde, the Principal ilnd President, owns
approxinHltl~l~,' In pnr('(~ls orrenl eSl(llt' Sll ITOLJnc! illY: (he husinC'ss el)\il~" at ~.:; \\1 321111 SlrccI in
Dubuque, Iowa. Nonh End i\utO \Vrecking, Inc. hilS concluC!cd business illlhis (ocllilln in
excess onn years The buildings of this corporation arc located ,mlhe level ,Ireil of land
.' d' I d' \" '1''''S '
11l1me late y a Jncellt to '\'. _~... ~ tree\.
Nonh End AulO \Vreeking, Inc.. is ill the business ()!.' purchnsing. recycling. lIne! reselling llsed
autos and auto pans. The business pUl'ch:'lscs wrecked or disabled automohiles, strips them of
their usable pilrtS, Ihen crushes Ihem and disposes (lfthe remaining body oflhe car to be used fix
scrap. The sail'ilgeable parts are kept and invcntoril,d by a cOlnpuler IClr resale, Tbis pl'Ocess
makes it necessary' 1;)1' the vehic.les to be' ,tored 1'01' n period oftim('. while the parts flJ'e being
taken off and the vehicle is being dislllilnlled,
The Dubuque Planning & Zoning Commission quite recently has unanimously recommended
rezoning of a portion of this prope11y, previously zoned R-1. The Zoning Commission
unanimously recommended rezoning of the property to H-l. The matter then came before the
City Council who unanimously accepted the recommcndation and approved the I'ezoning 10 II-I.
Roger Kunde now seeks to rezone appro'iimately .\.7'. additional aCl'(~S I,) l'l,1 Thi.s propnly is
needed tC1J' hi, lousiness The propGlh' is located behind the huildings line! Oil pJ'opGrlV 10 the
NOI1h. Thc pf\)PCIW is Sl!lI'(JlInclecl ,," three sides I1\' 11-1 plopeJ'lv tlOw h('in~ used hy North [nd
Auto \Vrec:kill~. Inc in ll1cir hl1S111l'SS. Ulllllt: SOllll1 ~;j(k. lllc propel'tv IS ;idj:l.celll 10 properly
owned bv thc Cill' <d. [)uhLlque Till' (,it\ nt'Dubuque pmpcTtv li'lllllS IV :ie'''' Slreet, IInd
.. . .
consists of cmpl)' land plus some houscs thm have heen purchased tClI' destruction so as 10 make
way for the W. 32"" Street detcntion basin The request to rezone excludcs a strip of'ground
around the North perimeter of the prope"y, 100 feet in width. This property will remain
agricultural. will he heavily planted in trees, and will serve as a wooded butTer zone. between the
salvage ynrd and Olympic Heights Road unlhe 1\;<'11111
As indicated l'lsell'here in thi;: letier, the City oi'Duhuq'.lc O\\I1S prop,'!'i)' iO thc South, adjac.ent to
W Je,..1 Stree!. and a!lllning NOJ1h L:nd's propel1y on Ihe South. N\JI all oi'the City's pJ'O[Jerty
will be necessary f'Jrtl,c detentinn hasin SOllle or till' propeny, Iha1 pnJ'linn acljnining North
October 3 I , 200';
Re: Nonh End .Auto Wrecking, Inc
Page 2
End, may be available for North End to purchase or lease tl'om the City for their salvage yard.
We have met with the City Manager and stan: and the Manager has indicated a willingness to
lease a p011ion of the City's properly to NOrlh End Illr salvilge purposes. In return, the Gty or
Dubuque wants and needs some of North End's propel1y to construct a road around the detention
basin. NOl1h End is willing to accommodate the City as Pill't ofa rezoning request ilnd the
lease/purchase ol'the unneeded City property to North End.
The propel1y in question has been used as part of the salvage yard since 1955. Arrhat time, the
propel1y was located within Dubuque County, but outside of the limits of the City of Dubuque.
When the City of Dubuque annexed the property, it was incorporated into the City as
agricultural. Because North End has been in continuous possession and use of this property
since prior to zoning, the propeny may be "grandfathered" in any event. Nevenheless, we make
this zoning,request. We wish to forego any claim of prior inconsistent use (grandfathering).
in the year 200 I, Roger Kunde purchased the shares or stock in North End Auto Wrecking, Inc.
and became the principal shareholder and President nl'North End. He continued to operate the
salvage yard in irs same location. In order for the salvage yard to be suecessl'ul and prosper, it
must grow, and the land in question appears to US to be a n<ll ura I use ol'the property. It is in ['acl,
the only use to which the propcl1y can be put for all practical purposes
Since Roger Kunde became the Principal ofNol1h End in 2001, he has lowered the grade of the
top of the hill signillcilntly His plilns call tar further reducing the hill by between 6 ilnd I'; feel.
This will further reducL' the visihility ol'the yard
The City Manager and several staiT members have been to this property, some of them several
times. 1 think they can vouch for the tact that Roger Kunde has done a good job or organizing
the yard, updating it, and keeping it as neat and clean as can be expected of a sRlvage yard.
Roger Kunde has been a good citizen and intends to continue in this tradition.
Roger Kunde has taken substantial steps at his expense to re-route the flow of the water from this
propeny into detention basins, consistent with the City's plan. Roger Kunde has put in hundl-eds
offeet of tile. We believe that the water runoff situation is far better now than at any time in the
last 50 years.
The. property sough I to be rezoned runs 10 Olvmpic Ileights along the North boundary.
However, the butTer zone 01' 100 feel need not be rezoned and should rl'rnRin in agricullural
This is the bulTer zone that \vill be plRn!ed heavily in trees and remRin \\ooc1ed.
The City of Dubuque has had concerns in Ihe past about screening rhe property ii'om the view of
others, inc.luding the I'ew houses on Olympic Heights that have any view of the property. Roger
Kunde agrees with the City's screening plans entirely, has taken substantial steps to screen and
October 3 I, :W05
Re: North End Auto Wrecking, Inc.
Page 3
has placed fencing along the Northerly boundary line. He has planted evergreen trees so that the
propel1y will have a thick, dense screen fi'om Olympic Heights. This process is ongoing. and
Roger will continue to diligently screen the IJropel1v to the satisfaction of'the Cily
This zoning request came hel'ore the Planning & Zoning Commission in lhe spring 01'2004. The
Commission unanimously approved the rezoning request, on condition that no huilding be
erected on the sile. Roger I(uncle c.ollCulTcd with this reCJlIest. We bl,liew that one memher of
the Commission was ahsent
We will submit a map showing the property which we seek to rezone, also showing the
surroundil)g propel1y owned by the City of Dubuque and NOl1h Eud Auto Wrecking, Inc./Roger
Kunde. We >,'ill be available to answer questions.
Thank you for your consideration.
JJB/km
Dlffi~E
~<k~
oty of Dubuque
Planning Services Department
Dubuque, IA 52001-4854
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
o Variance
DConditional Use Permit
DAppeal .
DSpedal Exception
DUmited Setback Waiver
~Rezoning
tjPianned District
DPreliminary Plat
DMlnor RnaI Plat
[]Text Amendment
DSimple Site Plan
o Minor Site Pian
o Major Site Plan
o Major Rnal Plat
DSlmple Subdivision
DAnnexation
[]Temporary Use Pennit
DCertificate of Economic NorrViabiiity
DCertificate of Appropriateness
DOther:
Please tvoe or Drint leaiblv in ink
Property owner(s): North End Auto Wrecking, Inc.
Phone: 563-556-0044
Address: 55 W. 32nd St.
~b.J-~ee-u1U.J -
Fax Number: 563-556-5097
aty: Oubuque State:..lL-Zip: 52001
Attorney Bitter
Mobile/Cellular Number: 563-590-1652
Applicant/Agerit: R0ger Kunde, President
Phone: 563-590-1652
Address: 55 W. 32nd St.
ob.J-oee-UlU3 - Attorney
Fax Number: 563-556-5097
Site location/address: 55 W. 32nd St.
aty: Dubuque State:.lA- Zip: 52001
Bitter
Mobile/Cellular Number: 563-590-1652
Existing zoning:
AG
Proposed zoning: H. Ind Historic Dlsbict:
Landmark:
Legal Description (Sidwell parcel 10# or lot number/block number/subdivision): I nt 1 nf I nt nf
Lot 1 of Oakwonrl in thp r.ity nf nllhllqllP, Tnw"
Total property (lot) area (square feet or acres): "7"" rrp,
Describe proposal and reason necessary (attach a letter of explanation, If needed):
Sep "tt"rhprl lpttpr
CERTIFICATION: I/we, the undersigned, do hereby certify that:
1. The information submitted herein is true and correct to the best of my/our knowledge and upon
submittal becomes public record;
2. Fees a refundable and payment does not guarantee approval: and
3. tlditional ritten and ra Ie materials are attached.
Property res):
Applicant! Age .
Date: /D~ 5!~D.s-
.
Date:
seph J. Bitter, 485 Locust, Dubuque, lA, 52001 -Phone: 563-588-4608
FOR OFFICE USE ONLY - APPUCATION SUBMmAL CHECKUST
Fee: Received by:
DSite/sketdl plan 0 Conceptual Development Plan
OImprovement plans ODesign review proj~ description
Date:
Dphoto
DAoor plan
Docket:
DPlat
DOther:
IiiIIBl
STAlE OF
I
VV~
DEPARTMENT OF NATURAL RESOURCES
THOMAS J. VILSACK. GOVERNOR
SALLY J. PEDERSON, LT. GOVERNOR
JEFFREY R. VONK, DIRECTOR
DEPARTMENT OF NATURAL RESOURCES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
NOTICE OF GENERAL PERMIT COVERAGE UNDER
GENERAL PERMIT NO.2
STORM WATER DISCHARGE ASSOCIATED WITH CONSTRUCTION ACTIVITY
This notice of general permit coverage for a stoml water discharge associated with construction activity
is Issued pursuant to the authority of section 402 (b) of the Clean Water Act (U.S.c. l342(b)), Iowa
Code 455B.174, and subrule 567--64.4(2), Iowa Administrative Code. A Notice ofIntent has been filed
with the Iowa Depm1ment of Natural Resources that this storm water discharge complies with the terms
and conditions of NPDES General Permit No.2. Authorization is hereby issued to dischm'ge stann
water associated with industrial activity as defined in Part VITI of the Iowa Department of Natural
Resources NPDES General Permit No, 2 in accordance with the terms and conditions set forth in the
permit.
Owner: ROGER H. KUNDE
NORTH END WRECKING, INC.
55 WEST 32ND STREET
DUBUQUE IA 52001
(319)556-0044
Permit Coverage Issued To:
NORTH END WRECKING, INC.
55 WEST 32ND STREET
in DUBUQUE, DUBUQUE COUNTY
located at
Coverage Provided Through:
NPDES Permit Discharge Authorization Number:
Discharge Authorization Date:
, -~~se:t'OI~l'~:::~nTTown:'~ -R-~::-tJr ~~~=--=r~-=~~-=~-I ~1~~Pl~d:_ -J
-- --~~.ll~ --~~:14 t;9;-- '2~-- Deg,..,,_ - M'.':~~~~I.se.C()nds_ t Deg'ee~_ ~mut"'!' seconds__1
1.__ __ ___L __ __._".__ 1._...___ _'" _ _i_.1
9/30/2008
10724 - 10521
1/20/2006
Project Description: SITE DEVELOPMENT }<'OR THE STORAGE OF SALVAGED
CARS. LESS THAN 1 ACRE.
WALLACE STATE OFFICE BUILDING 1 DES MOINES, IOWA 50319/515.281.51451 FAX 515.281.8895
DEAR STORM WATER DISCHARGER:
Weare using the following contact person and address for correspondence relating to the storm
water discharge general permit. If you prefer that correspondence be sent elsewhere, please make
the appropriate changes below and return this form to us so that we can update our records.
Mail changes to:
Storm Water Coordinator
Iowa Department of Natural Resources
502 E. 9th St.
Des Moines, IA 50319-0034
DNR Permit Number:
IA-I0724-1052I
Contact Person:
ROGER H. KUNDE
Contact Address:
NORTH END WRECKING, INC.
55 WEST 32ND STREET
DUBUQUE,IA 52001
Telephone:
(319)556-0044
ubuque
dvertiser
2966 J .F.K. Road
Dubuque, Iowa 52002
Phone (563) 588-0162
Fax No. (563) 582-0335
e-mail: dbqadvertiser@dbqadvertiser.com
January 12, 2006
To Whom It May Concern
RE: PUBLIC NOTICE OF STORM WATER DISCHARGE
I hereby certify that the public notice below for North End Wrecking of Dubuque was
published in the paper on January 11, 2006.
The Dubuque Advertiser is a publication with mass circulation in the Dubuque, Iowa
area. The circulation exceeds 35,000 as proven by Circulation Verification Council, an
independent circulation auditing firm.
If you have any questions, please call me.
Sincerely
Greg Birkett
General Manager
PUBLIC NOTICE OF STORM WATER DISCHARGE
North End Wrecking Inc. plans to submit a Notice of Intent to the
Iowa Department of Natural Resources to be covered under NPDES
General Pennit No. 2 for "Storm Water Discharges Associated with
Industrial Activity for Construction Activities."
The storm water discharge will be from storage of salvaged cars
located in S. E. 114 Section-ll Township 89N. Range 02E, and N. E.
114 Section 14 Township 89N. Range 02E. Storm water will be
discharged from three point source(s) and will be discharged to the
following stream: B-Branch Catch Basin to Mississippi River.
Comments may be submitted to the Storm Water Discharge
Coordinator. Iowa Department of Natural Resources, Environmental
Protection Division, Henry A. Wallace Building, 502 East Ninth Street,
Des Moines, IA 50319-0034. The public may review the Notice of
Intent from 8 a.m to 4:30 p.m., Monday through Friday, at the above
address after it has been received by the department.
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City of Dubuque
Engineering
50. W. 13'h Street
Dubuque, IA 52001
(563) 589-4270
(563) 589-4205 FAX
January 31,2006
Mr. Roger Kunde
North End Auto Wrecking
55 W. 32nd Street
Dubuque, Iowa 52001
Dear Mr. Kunde,
The purpose of this letter is to sl,lmmarize my opinion of the erosion concerns on your
property at 55 W. 32nd Street, Dubuque, Iowa.
As I stated when we met on your property, I didn't see any visual signs of erosion taking
place on the embankment or the small diameter storm sewer pipes that outlet around
the site. As we saw there was one area below one of the small diameter storm sewer
outlets that should be monitored. A small rut indicates that erosion occurred at some
time but vegetation in and around the rut suggests that it may not be a problem at this
time. As we agreed, both North End Auto Wrecking and the City will monitor it this
summer to see if erosion occurs. In the event that it does, the ditch would be armored.
Sincerely,
.[)$l~
Deron Muehring, Civil Engineer
Cc: Gus Psihoyos, City Engineer
Kyle Kritz, Associate Planner
Land 1 Building Data ] Sketcl1 1
Owner /Values 1 Owner History I
Out Buildings ]1
General Data
Pe.RCEL 10 O'WNERSNAME 1
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NORTH END AUTO WRECKING INC
NORTH END AUTO \'/RECKlNG INC
NORTH END AUTO WRECKING INC
NORTH END AUTO WRECKING INC
NORTH END AUTO WRECKING INC
NORTH END AUTO WRECKING INC
NORTH END AUTO WRECKING INC
NORTH END AUTO WRECKING INC
NORTH END AUTO W'RECKlNG INC
NORTH END AUTO WRECKING INC
NORTH GRANDVlEW EST A TES LLC
NORTH, JUSTIN K,YJRBY,ANGELII
NORTHOUSE, ROBERT HJANET C
NORTHRUP, CHARLES CJR ~JANE
NORTHRUP,RITA M
NORTON, CLe.RENCE L ~ DIANNE M
NORTON, CRAIG 0
NORTON. DAN N ~ZIEMAN. AMY B
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MEMORANDUM
December 29, 2005
TO: Kyle Kritz, Associate Planner
FROM:
Deron Muehring, Civil Engineer II [:1([
SUBJECT: North End Wrecking NPDES Permit Requirements
INTRODUCTION
The purpose of this memo is to outline Engineering's opinion as to the need for an
NPDES construction permit due to the construction activity at North End Auto Wrecking.
DISCUSSION
On December 28th, 2005 I visited North End Auto Wrecking and spoke with Mr. Kunde
about a separate matter. Mr. Kunde asked for my opinion on his need for an NPDES
construction site permit.
Based on my observation of Mr. Kunde's property, it is my opinion that an NPDES
permit is not required at this time. As I explained to Mr. Kunde, and he seemed to
understand, he will likely need a construction site permit in the future prior to leveling off
the south portion of his property.
Cc: Gus Psihoyos, City Engineer
Ron Turner, Land Surveyor
Roger Kunde, North End Auto Wrecking
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City of Dubuque
Engineering
50. W. 13th Street
Dubuque, IA 52001
(563) 589-4270
(563) 589-4205 FAX
January 31,2006
Mr. Roger Kunde
North End Auto Wrecking
55 W. 32nd Street
Dubuque, Iowa 52001
.Dear Mr. Kunde,
The purpose of this letter is to summarize my opinion of the erosion concerns on your
property at 55 W. 32nd Street, Dubuque, Iowa.
As I stated when we met on your property, I didn't see any visual signs of erosion taking
place on the embankment or the small diameter storm sewer pipes that outlet around
the site. As we saw there was one area below one of the small diameter storm sewer
outlets that should be monitored. A small rut indicates that erosion occurred at some
time but vegetation in and around the rut suggests that it may not be a problem at this
time. As we agreed, both North End Auto Wrecking and the City will monitor it this
summer to see if erosion occurs. In the event that it does, the ditch would be armored.
Sincerely,
[)v/;JJ~~
Deron Muehring, Civil Engineer
Cc: Gus Psi hoyos, City Engineer
Kyle Kritz, Associate Planner
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REZONING STAFF REPORT
Zoning Agenda: December 7, 2005
Property Address:
55 W. 32"d Street
Property Owner:
North End Wrecking, Inc.
Applicant:
Roger Kunde
Proposed Land Use:
Auto Salvage
Proposed Zoning: HI
Existing Land Use:
Vacant
Existing Zoning: AG
Adjacent Land Use:
North - Vacant/Residential
East - Vacant
South - Heavy Industrial
West - Vacant/Residential
Adjacent Zoning: North - AG/R-1
East - AG/L1
South - HI
West -AG/R-1
Former Zoning:
1934 - Light Industrial
1975 - AG Agricultural
1985 - AG Agricultural
Total Area: 3.9 acres
Property History: The property remained an undeveloped, heavily wooded hillside and hilltop
until recent excavation cleared many of the trees and leveled the hilltop.
Physical Characteristics: The area requested to be rezoned is approximately 3.9 acres of an
approximately 14 acre lot that has some level area on top and heavily wooded bluff that slopes
down to the Olympic Heights Road right-of-way.
Concurrence with Comprehensive Plan: Goal 3.1 of the Land Use and Urban Design
element states, 'To promote retention of existing industrial property." Goal 4.1 states, 'To
protect and preserve existing open space." Goal 6.1 states, 'To promote a compatible mix of
land uses." Goal 6.2 states, 'To buffer and protect incompatible uses from each other."
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site. However, erosion control
measures must be taken to prevent runoff and erosion on the northern slope of the property
that drains onto the public right-of-way.
Traffic Pattems/Counts: The expansion of the proposed salvage vehicle storage area and
should generate very little additional traffic.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticipate any adverse impact to the environment provided
adequate erosion control and storm water control is provided during all phases of
development, and that the salvage materials are stored in such a manner as to be
compliant with all state and federal regulations.
Rezoning Staff Report - 55 W. 32"d Streetpage 2
Adjacent Properties: The expansion of the existing salvage vehicle storage yard to the
north may have a two-fold impact to adjacent residential properties. First, a significant
portion of the natural vegetation has been removed which makes some of the salvage yard
more visible from those properties to the north along Olympic Heights and Hawkeye Drive.
Secondly, expanding the salvage yard to the north places the salvage vehicles and
industrial activity closer to adjacent residential properties.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to expand an existing auto salvage yard to the north
of its current hilltop location. The salvage yard has been in operation prior to its annexation to
the City that occurred some time in the 1940s. The proposed expansion will be approximately
3.9 acres into an existing agriculturally zoned property. In anticipation of expanding the salvage
operation, the applicant has done extensive grading on the hilltop just south of Olympic Heights
Road and removed a large portion of the vegetative cover. This has opened the view to the
salvage yard from residential properties on Olympic Heights and Hawkeye Drive. Subsequent to
removal of the vegetation, the applicant has placed a 124"00t high black fabric fence along the
current HI District boundary line to screen some of the salvage operation from adjacent
residential property. The applicant has also begun to place a higher steel fence and evergreen
vegetation on the exterior along a portion of the area proposed to be rezoned. Currently, the
steel fence is higher and more effectively screens the salvage operation from those residential
properties along Olympic Heights and Hawkeye Drives.
Currently, the distance of the most direct view from the rear of the closest residence to the
salvage yard is approximately 400 feet. If the rezoning is approved, that distance \Mil be
reduced to approximately 300 feet.
The Commission can consider conditions on the rezoning that may help to mitigate potential
negative impacts of the expansion of the salvage yard. The applicant has submitted a
landscaping plan that shows a cross section and the location of the landscaping fence and
vegetation. The Commission can recommend that this plan be required for screening the
salvage yard. Also, the Commission can require that lighting either be not allowed or limited to
the expanded area and/or that no buildings or permanent machinery such as crushers or bailers
be allowed at this location.
If approved, current zoning regulations require that the auto salvage yard be screened where the
natural vegetative screen has been removed. Staff recommends that the Zoning Advisory
Commission review Sections 6-1.1 regarding criteria for granting a rezoning.
Prep.red b, €rJ.I.,~f'"""'i- R~;~d ~ t.lf'-o.'" I/- zq. 06
Prepared by: Laura Carstens. Citv Planner Address: Citv Hall. 50 W. 13th Street Telephone: 589-4210
Return to: Jeanne Schneider. Citv Clerk Address: Citv Hall. 50 W. 13th Street Telephone: 589-4121
ORDINANCE NO.
-06
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 55 W. 32ND STREET FROM AG
AGRICULTURAL DISTRICT TO HI 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, subject to the conditions(s) in the attached
Memorandum of Agreement, by reclassifying the hereinafter described property as
shown in Exhibit A, all in the City of Dubuque, Iowa from AG Agricultural District to HI
Heavy Industrial District.
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
day of
2006.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2003), and as an express condition of
rezoning of the property shown in Exhibit A, which is the subject of Ordinance
No. -06, a copy of which is attached hereto and incorporated herein by reference,
the undersigned property owners 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) Screening be installed along the north zoning district boundary line as per
submitted cross section.
2) Hours of operation be limited to 8:00 a.m. to 5:30 p.m. Monday through
Friday, and 8:00 a.m. to 12:30 p.m. on Saturday.
3) The bailer and crusher not be placed on the rezoned property.
4) No building will be located on the rezoned property.
5) The screening fence along the north district boundary line will be
completed by January 1, 2008.
B) Reclassification of the Subiect Property. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the AG Agricultural District (which rezoning
will include the removal of the performance standards in Section A above) if the
property owner fails to complete any of the conditions or provisions of this
Agreement.
C) 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.
D) Recordina. 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.
- 06.
E) 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. 06
I, Roger Kunde, representing North End Wrecking, Inc., property owner,
having read the terms and conditions of the foregoing Ordinance No. -06 and
being familiar with the conditions thereof, hereby accept this same and agree to the
conditions required therein.
Dated in Dubuque, Iowa this
day of
2006.
By
Roger Kunde, President
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