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Zoning 55 W 32nd NEnd Wrecking - Kunde 5U~~E ~~~ MEMORANDUM March 20, 2006 TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager~ SUBJECT: Opposition to North End Wrecking HI Rezoning Request Planning Services staff have reviewed the attached correspondence in opposition to the HI Heavy Industrial rezoning request filed by Roger Kunde for North End Wrecking, W. 32"d Street. The City Council has a public hearing on this rezoning on March 20, 2006. The wr:tten opposition represents less than 1 % of the property owners within 200 feet of the subject rezoning. The Zoning Advisory Commission has recommended approval of the rezoning. Therefore, a simple majority vote of the City Council is needed to approve the rezoning request as recommended. With respect to the various issues raised in the attached correspondence, Planning Services staff has noted that North End Wrecking is compliant with City Zoning Ordinance and salvage yard regulations: 1. North End Wrecking moved vehicles off of City-owned property. 2. North End Wrecking moved vehicles off of AG Agricultural-zoned property. 3. North End Wrecking built an approximately 12-14 foot high screening fence along the HI/AG zoning district boundary. 4. The City Council approved rezoning of an R-1 Single-Family Residential parcel to HI on October 19, 2005 so salvage vehicles can remain on this parcel. 5. Engineering staff has stated the site is compliance with storm water management regulations. LC/mkr Attachment cc: Jeanne Schneider, City Clerk Barry Lindahl, Corporation Counsel Gus Psihoyos, City Engineer February 6,2006 AUn: City Council Members We the residents of Olympic Heights Road and Hawkeye Heights would Like to show our opposition to the proposed rezoning of agriculture land To Heavy Industrial presented by Roger Kunde and North End Wrecking, Inc. We hope you vote this as "NO". ~~~sem;n j4~.~mplC H.ts ;t!)//1 6~"IoW~Ht ~ A "'A\4AJ'-\.~ I/gu.;t<t'(f H~. \. 0; . A C.<>...,- oj.. ?i\l~f-W~'f' H h \, '.......( ,":g ,".... aLL .~ :s '! /3,.>(/0 ,~..J, &oH~Il.(;u~ HtS n ilA" ~ ' 1.- .~ 0 ~14/) 11I-JI.))\'uY ". .....-I.A..I_, -r7Vv)nVYh.-"~L ~:n-- 'lS()l~Hf..:> i-ffS- f cLP}'ive; y ()\~lI\pC Hi'.) ~l ~~') >7<.Jzu ~ .500 O~i Ht). Jc1, li'f' tt)IA<;"(~< ( Lf8fiOfJm.pi{' Ht5 f];; nll<'~;": ,c.))) \" L/&!501i:f11"PCHts _ :~J,i) .;P >~.2i> LfK5 m~ ftgm . f) /Yf--V ---+-- ~~..a../L,l ./ ( .f:::C-A'~~L- . %4L~mplt H~. . )."j ..( (C. i) .~~/,J, ~~. ~b 1J7 O~Il1{JIL Ub f~J f31jJ. '2t'76~nJpi His ~. ~_.'~' ,~ .l~(~:~i:~'..T"AJj'" j I, ,~ ~l..c~~s i}) j{ I? 'tf. J{ru~ i.?h:'V'1-R ,b~,~jl'i'If)'-x~ ~~?tP,b 7A-'-.-"O p JI;Ofl(fJ1/~blJx >eo/.'" ..j4.;"~, ""'4 1 >f dlt'~ !{h '5 . , (/ ,')' Au?'> ,t.! ~~a-( ~t ClJll<p( ligrc; (\J::-j(~~0':':,_._ $"''\.", ""Y' '-' bob .) fi;<u/,(~/i<// /7 /0/ if; <I February 8, 2006 The Honorable Roy Buol and City Council C/O City Clerk City Hall" 13th St. Dubuque, IA. 52001 Honorable Mayor and Council: RE: Rezoning by Roger Kunde a.k.a. North End Auto Wrecking of parcels on West 320d St. from R-I residential to Heavy Industrial. It appears that, now that there is a new administration, Mr. Kunde is trying again to get this rezoning issue passed. It failed the last time by a margin of 7-0. I urge you to repeat that vote after your deliberations this time also. Here, after approximately eighteen months, we are going to rehash not only the inclusion ofa scrap yard in the city proper, but also it's inclusion in a residential area. I thought that you had settled this issue the last time that he brought you his application. We implore you to deny him unsettling this neighborhood once and for all. Thank you, (?ad ~ r44<-td Paul 1. Uhlrich 480 Olympic Heights Rd. Dubuque, IA. 52001 End: Letter dated September 8, 2004 NOV-29-2005 TJ: G3:28 p~ D8Q, ~ITY CLERK FA~ ~C, 563 589 9890 P. C2 ,.::. ~:. . '., (;"'.'h -v..?"."tt. /j",/~, \'; -_:J Sep\eInber B, 2004 The HononiIIc Mayor and CiIy CClIIMit C/O Cil)/ Clerk City Hall u. Streit Dubuque, IA ~10(1I Ladiea IIId Gcademea: RE: ~ by ao..- Kunde a.k.a. NonII End AuIo Wt11Ctiu8 ofpan:e15 011 West 3t" Sl &om Il-', AeIidenli.. to Heavy Industrial, IIIJ\ IlroaIIY oppoud 10 tlIe remni.. oflllis beluCiftJl.. diviJiop 011 tile bIuI[ I haw 110 objclian to tile 11"_ wrecldlll_ tbI& _ ......I""t.....cI ill -Ioai be .....;...,. to IIt8bIiIlt . bum IIId MQJrity per pmiouIly plllaCl... SiIIIle. be bu purdIued . Jlt'OIMI'Y witlllbcllwwecl ialW ofbuildiq . .-od_. Ho...... lie flu uu..d 1bis property with .lIIUDber otwreGbd ..1w.-4i.., nis i. in direcr violatioa or1be City of DubllqllC"s Relidcnlial-u1II pII'IIIMtIlI'I. He hu tried to opal . scrap yft an Julian Dubuque .Drive wbidl you lIlmed down. TbilI .. Clll Thirty NCOlld ItrIlIl ~ .lIIIICh more fit Ioeatioo lbr ~1i.1 zoallll thIII tlIe old 11 S Chllmical ptlllt _ I urge tIlat you clec;liIle biJ request 10 __ 1IIi. belutifbl nllideatial and qail:ullunl -, TIIaak you. (PGtltlI; Uib4 hut 1. UhIric:l1 489 0Iyapic Hei8IU ao.d. Dubuque, Iowa ~200 I. HONERABLE MAYOR AND CITY COUNCIL MEMBERS My name is Dan McDermott and I am Co-owner of McDermott Bros Construction. I am currently building the home on the property directly across from North End Wrecking on Olympic Heights Road/Hawkeye Heights. I am very concerned with the proposed rezoning of the the North End Wrecking land from Agriculture to Heavy Industrial. I have had numerous Viewers of this well built home state" What in the world is over there" as they Point in the direction of North End Wrecking. They love the house but Don't want anything to do with the " salvaged vehicles" staring right At them. I feel this rezoning would be very detrimental to my business. Please listen to myself and the current neighbors and vote this "NO". Please give me a call with any questions you may have for me. 582-6577. . ,./)...~ j!4.. tfJ U~.t Dan McDermott McDermott Brothers Construction ...'. .1 BITTER LAW OFFICES 485 LOCUST STREET DUBUQUE, IOWA 52001-6940 Joseph J. Bitter' Thomas A. Bitter Office: 563-586-4608 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 WreckingIRoger 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 Griffm 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 comer of the property to be rezoned. Construction has been started, and will be completed as soon as possible, but not later than January 1, 2007. While the construction of the fence/berm is in progress, and until it is completed, Mr. Kunde will not place or allow any cars in that northwest comer 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 comer so that the berm can be constructed. This will be completed by the year 2008. ~vfr. Kunde and Mr. SinIon will be present at the meeting to answer fulY questions. \Ve 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, JJB/km(6) Ene. 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 Residenc Joe: 563-582-17E Tom: 563-582-754 <Also licensedln Illinois Client parking in rear December 5, 2005 Planning & Zoning Commission City of Dubuque City Hall 50 West 13t11 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. Hamilton 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 objectors 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 reroning 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, Jq:~ JJB/km( 6) Ene. 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 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 KundeINorth 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 lurge number of other possible uses, some of which were objectionable to him. We assured him that 1\1r. 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 natuml vegetative buffer is removed during development, the yard may be more visible to residential areas which, are in fact, quite some distance 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 property. Mr. Kunde agrees. 6. TIllS property will be sUTI"ounded by property owned by Mr. KundelNorth 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 wiII 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 could confinn 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. Bitler Bitler Law Office JJB/jtl2 BITTER LAW OIFF!CIES 485 LOCUST STREET DUBUQUE, IOWA 52001.6940 JQseph J. Bitter' Thomas A. Bitter Office: 563.588.4608 Fax: 563.588-0103 Residenc Joe: 563.582.17E Tom: 563.582.754 . Also licensed in Illinois Client parking in rear October 31. :2005 RE: Zoning Appeal on Propel1y Owned by North End Auto Wrecking, Inc. NOl1h End ,\uIO WrccKin~, Inc. ilnd Roger [(unde. the Principal and Presidclll, O\VI1S approxim(\tl~.l\' 10 pnr('~ls orrenl eSl\lle slJrl"()lIl1c1ill~ (he- hllsiness en1it.\' i'll ~~ \V J:?lId Slrccl in Dubuque, Iowa. North End Auto \Vrccking, Inc. has conducled business '1llhis locllion in excess of ~() years. The huildin~s oi'lhis corporation arc 10C:11Ied,m Ihe lev['[ 'Ireil of [and immediately adjacel1t to W. 32'" Street. . Nonh End Auto \.\-'reeking, Inc. is in the busines:; ol'purchasing. recycling. ilncl reselling used autos and auto pans. The husincss pure-hases wree-ked or disabled ilutomohi[cs. strips them of their usahle parts. Ihen crushes them and disposes of Ihe remaining body ol'lhe car to be used for scrap. The salvageable parts are kepr and inventoried by a computer for reSille. This process makes il necessarv I,)r the vehicles 10 [", S10red for a period of time while the parts are being taken off and the vchicle is being dismantled. The Dubuque Planning & Zoning Commission quite recently has unanimously recommended rezoning of a p0l1ion of this propel1y, previously zoned R-l. The Zoning Commission unanimously recommended rezoning of the proper1y 10 H-I. The matter then came before the (itv Council '.vho unanimously accepted the recommendation and approved the l'e7.0ninl;to H-I ~. - Roger Kunde now seeks to rezone approximately :'.7', additional ,Ie!'(;s 10 [./-[ This pl'Operly is needed j()r his business. The property is located behind the buildings ilnd un propertv 10 the N01111. The j)l"t)!K'r!\" is Sl!JT()Ul1ckd ()ll [!lJ'CC :::ides h.\' [-1.1 prnpen,v IlOW h('ill~ lls(~c1 hv Nnnh End Auto \VrecJ.:itl~. Inc, :1"1 11](.'ir hljsil~I_'.'i~, 011 lilt SOIJll1 side. Il1e prnpt'rl\' is ildl;'lcenl In properly o\vned by the Cit.v ('i!" Dtd)u(jUl"_ Till' Ci[\' oj' Dubuqlll' propeny fro))!s \\1 3~lId Slre~L i\Jld . consists of empry land plus some houses rhal have hcen purchased for destruction so as 10 make way fOI' the W 32,..1 Street detention basin The request to rezone excludes a strip o(ground around the North perimeter of I' he propeny, 100 feet in width. This propcny will remain agricu[tural. Ivil[ he heavily planted in trees, and will sel've as a wooded bui"fer zone between Ihe sah'age yard and Cllvmpic He.ig[lIs ROHci on Ihe !\J(lI.th. As iilcficEltecl clsc\dlC.J"C iil this IC!ifi', [he City ofDllhuql.lc O\VI1S propl'-r!\ !o the South, ~idjaccnl to W. 32,,,1 Stree.t. anel ilhlltling Nonh L'1lti's property on the SUlIrh Nut all of tile City's property wi[1 be nec.esSili'I' 1,"' Iile derention l"l'in. Some oi'the pruperty. thilt !)l1i't;oI11,djuinillg North October 3 I, :WO-, Re: North 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 staff: and the Manager has indicated a willingness to lease a pOJ1ion of the City's propeny to North End Illr salvage purposcs In return, the Gly or Dubuque wants and needs some or North End's pmpcI1y to construct a road around the detention basin. N0I1h End is willing to accommodate the City as part ofa rezoning request and the lease/purchase ol'the unneeded City propcrty 10 North Encl. The propel1y in question has been used as parr oflhe salvage yarcl since 19-'-'. Arrhar 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. Becnuse North End has been in continuous possession and use of this propel1y since prior to zoning, the propel1)' may be "grandfathered" in any event. Nevel1heless, we make this zoning:reguest. We wish to forego any ~Iaim of prior inconsist~nt use (grandHllhering): In the year 2001, Roger Kunde purchased the shares of stock in North End Auto Wrecking, Inc. and became the principal shareholder and President of North End. He continued to operate the salvage yard in its same location. In order ror the salvage yard to be successtlJI and prosper, it must grow, and the land in question appenrs to us to he n natural use of the property. It is in fact, the onl)' use to which the propcrty can be put for nil practical purposes. Since Roger Kunde became the Principal ofNor1h End in 2001, he has lowered the grade ot'the top of the hill significantly. His plans call for tin'ther reducing the hill hy between 6 and 1-' feet. This will tilrther reduce the visihility orlhe yard The City Manager and several stafr members have heen to this property, some ofthcm several times. I think they can vouch for the fact that Roger Kunde has clone a good job of organizing the ynrd, updating it, and keeping it as neat and clean as can be expected ofa salvage yard. Roger Kunde has been a good citizen and intends to continue in this tradition. Roger Kunde bas taken substantial steps at his expense to re-route the flow oftbe water from tbis property into detention basins, consistent with tbe City's plan. Roger Kunde bas put in hundr'eds of feet of tile. We believe that the water runoff situation is far better now than at any time in the Inst 50 yeal's. The property sougbt 10 he I'ezoned nllls to Olympic Heights idong Ihe Norrh houndMy. Howevel', the hutTer n,ne 01' 100 feet ncedn()t he I'l:!.()ncd and should rCllliiin in ilgl';cultural This is the huller zone Ihat will he plan!('cI heavill' in !rees and rcnHlin \looded The City of DubuCjue hilS had concerns in the past C1bolil screening the properly f)-om the view of othel's, induding the few houses on Olympic Heights that have any view of the pl'operty. Roger Kunde agrees with the City's screening plnns entirely, hnstnken substnntial steps to screen and October 3 I, 2005 Re: N0I1h End Auto Wrecking, Inc. Page 3 has placed fencing along the N0I1herly boundary line. He has planted evergreen trees so that the propel1y will have a Ihick, dense screen fi'om Olympic Heights. This process is ongoing, and Roger will continue to diligent Iv screenlhe properlv 10 the satisfnclion of the Cily This zoning request came hc!()re the 1'1811ning 8: Zoning Commission in the spring 01'2004. The Commission unanimously appl'Oved the rezoning request, on conditionthnt no building be erected onlhe sile. Roger Kuncle COI1CIIITc~d with Ihis request. We believe Ihal one memher of the Commission was <1hsent We will submit a map showing the property which we seek to rezone, also showing the surroundit!g property owned by the City of Dubuque and NOIth End Auto Wrecking, Inc.lRoger Kunde. We will be available to answer questions. Thank you for your consideration. 1JB/km D~~E ~ck~ Oty of DUbuque Planning Services Department DUbuque,LA 52001~64 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPLICATION FORM D Variance DConditional Use Permit DAppeal DSpedal Exception DUmited Setback Waiver 1i!Rezoning DPlanned District DPreliminary Plat DMinor Rnal Plat []Text Amendment OSimple Site Plan OMinor Site Plan o Major Site Plan o Major Rnal Plat OSimple Subdivision DAnnexatlon DTemporary Use Permit OCertificate of Economic Non-Viability OCertificate of Appropriateness OOther: Please tvoe or orint leaiblv in Ink Propertyowner(s): North End Auto Wrecking, Inc. Phone: 563-556-0044 Address: 55 W. 32nd St. Oty: Dubuque State:~Zip: 52001 ~bj-~eH-UIUj - Attorney Bitter Fax Number: 563-556-5097 Mobile/Celluiar Number: 563-590-1652 Applicant/Agent: Roger Kunde, Presi dent Address: 55 W. 32nd St. ~bj-~eH-UI0j - Attorney Fax Number: 563-556-5097 Phone: 563-590-1652 Oty: Dubuque Bitter Mobile/Cellular Number: State: ~ Zip: 52001 563-590-1652 Site location/address: 55 W. 32nd St. Existing zoning: AG Proposed zoning: H. In d Historic District: Landmark: Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): I nt 1 nf I nt nf Lot 1 of Oakwoorl in the rity of ""h"q"e Tow" Total property (lot) area (square feet or acres): ,7, "rre, Describe proposal and reason necessary (attach a letter of explanation, if needed): See ottorherl letter CERllFlC\TION: !lwe, the undersigned, do hereby certify that: 1. The infonmation 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. All tlditional ritten and Ie materials are attached. Date: /D~ Bl~DS- Date: J. Bitter, 485 Locust, Dubuque, lA, 52001 -Phone: 563-588-4608 FOR OFFICE USE ONLY - APPUCATION SUBMmAL CHECKUST Fee: Received by: oSite/sketch plan 0 Conceptual Development Plan oImprovement plans oDesign review proj~ do..saiption Date: o Photo oFloor plan Docket: oPlat oOther: Ufj STATE OF I VV~ DEPARTMENT OF NATURAL RESOURCES THOMAS J. VILSACK, GOVERNOR SALLY J. PEDERSON, LT. GOVERNOR JEFFREY R. VONK, DIRECTOR DEPARTMENT OF NATURAL RESOURCES NA TIONAL POLLUTANT DISCHARGE ELIMINA nON 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 storm water discharge associated with constlUction activity is issued pursuant to the authority of section 402 (b) of the Clean Water Act (U.S.c. 1342(b)), Iowa Code 455B.I74, and subrule 567--64.4(2), IowaAdministrative Code. A Notice of Intent has been filed with the Iowa Department of Natural Resources that this storm water discharge complies with the terms and conditions of NPDES General Pel111it No.2. Authorization is hereby issued to discharge stoml water associated with industrial activity as defined in Part VllI 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 .. ":~:- f:~t~[~ Degrees --~--------_._-_.._- .... '.'---'~1 Latitude Longitude I ---,---- ____h__n - --~-__-1 ~~~~~- :~Ollds_ _D_~~~~_l-Minu", I S,_und, ! I I n_ _ __l___ j Coverage Provided Through: 9/30/2008 NPDES Permit Discharge Authorization Number: 10724 _ 10521 Discharge Authorization Date: 1/20/2006 Project Description: SITE DEVELOPMENT FOR THE STORAGE OF SAL V AGED 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: Stonn Water Coordinator Iowa Department of Natural Resources 502 E. 9th St. Des Moines, IA 50319-0034 DNR Permit Number: IA-I0724-10521 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 PUBLIC NOTICE OF STORM WATER DISCHARGE Greg Birkett General Manager North End Wrecking Inc. plans to submit a Notice of [nlent to the Iowa Department of Natural Resources to be covered under NPDES General Permit No. 2 for "Storm Water Discharges Associated with Industrial Activity for Consb"uction Activities." The storm water discharge will be from storage of salvaged cars located in S. E. 1/4 Section 11 Township 89N. Range 02E. and N. E. 1/4 Section [4 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, fA 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. .. rr.J rr.J '-Yo' >- ~ <z ~~ 00. ~U ~~ ~QI ~~ <~ ~~ rr.JQ z o .... ~ u .... ... =:l ;:l ll. r.. o Z o .... ~ u .... r.. .... Eo< c:: r"'I U u ,:: ..s......o t.-.l 0 5) " " " ~ ~ +-' ~ o~.s~ . .~~CZlg;~ (,) 0"0;;> . 'S il g g S ;:l 0. " "1:l "" ~ '" M'M on O-l ~ (lj..... '" on" o ~ g ,:: OJ) U ",,'M !il "1:l;01l-B !il ".......c:: "."", O.~ ~ ;>.. >>-., ""g~~~~ g::r: 6 o.Jj P'...c::ugj". .... 0. ~;> o cd a:f l-l :: ~ &.2 .a t)1)]o] o Eo< ;:l':: OJ gf.se]g .- 4-1 0 (,) 0 aO~.5N ~~.~tdlr)"' '" ...c:: U " '" ..:~~o:S ca aJ"o...........::s .S i5...S -5 g N...""O ~ t)~Q)<Cf.rj 0.9";;,- (l) o~;.:::i~ -!..E)..co'"C ~0.;:l>>0J) " .... 0..0 <= ..... 8 <= ,,'M .... 0.... ~ cd .... <lJ 0 ...c:~~..c:::::: ~ o"'S Cd"'r.E ::<:-g~" _" g 'u .8 .,s J "," ~ o - ~ o U " i~1 ;:l{) 00 ....M .a "'" g .5 () .- :g i:l.. ~ ~ o of 5.... " 0 .... >> .a '" i"j"'" 'C () on .0 on J5J3 oj ~ o - ;>; ~ <= '" o U " '" 0' '" .g o .... .a "'" g .5 .". i.t4\~ \~P ;(0/,," , Land 1 Building Data I Sketch Owner /Values I Owner History 1 PARCEL 10 tllJ4~-. 1014226001 1014226004 1014226005 1014226007 1014226008 1011453002 1014226009 1014226014 14276023 1014201001 1014152004 1013334015 1034430019 10264S3001 1025354002 1026214011 1023477015 1028108014 1035309005 I Out Buildings I Income I Market I General Data I Permit/Sales I OWNERS NAME 1 ., NORTH END AUTO WRECKING 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 WRECKING INC NORTH END AUTO WRECKING INC NOATH END AUTO WRECKING INC NORTH END AUTO WRECKING INC NORTH GRANDVlEW ESTATES LLC NORTH, JUSTIN K.KlRBY,ANGELA NORTHOUSE, ROBERT F& JANET C NORTHRUP, CHARLES C JR ~ JANE NORTHRUP,RITAM NORTON. CLARENCE L ~ DIANNE M NORTON. CRAIG 0 NORTON, DAN N ~ZIEMAN,AMY B NORTON, DR TERRENCE J JR ~ frevious I HOld ~Startl :il ~ 1'$i1 0 . !1POIcel. MAPIBLOa<lLOT II I ../ fJ.K I X BeI1.rn I Profile Notes SORT PROPERTY 3275 CENTRAL A' 185 32NO ST W 175 32NO ST W 55 32ND ST W 3065 GRANDVlEv 2525 JACKSON ~7 KNOB HILL 409 GRANDVIEV 201 DILLON 520 STEWART 1053VEANON 1555 DONOVAN I 735 CARRIAGE H ~ ] _J! ~ f.xil I? 00> Add .., ~ave ml Calc Q1 Photo ~ PRC __i1J!e~,:e 1~~~~",:~ Parcel Inde. IOWNERS NAME 1 ?{j query I rlliiI !.i.l I I tI!1JANNUAL REPORT FOR 2...1 Enter Criteria to chOOie Owner Name I MAP/BLOCKIlOT II I ~ PlOpe,ly Addr... I PAR CELIO I ~ ROUTING NO I ~ Cla~.s I 9 Whallf C;;;d'---"i.:';; I"T~~' ir ~2.J r eLl' il ,;h , tyler ".i..... '. ~y:.t~:s~C( 12:54PM ,', ~;"~~\ ;,or' .'. ,.~ N '" \ .... .Al"'t " ~. . "' "'\, \,...\ ~ \'- .\ \~ /. .#\Z~""..~1-~~ ,,,:,,,, 'i~:>, J~. ~j?~~."f'p.\~; ;, ~'bJ.;. 't.1,'.:,",'A,...., '~...:.~ .ot:b~. . , 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 I .' day of ..? ).. 2006. By~4/'~ oger Kunde, President . / /1 / / \, \ \, / <( I- - co - I >< ill ,.."r/ / (/ v'' /..-\ /' // / /' v / \ \, \, , \ .: ~\ \" \, , ;o'l-'=>\ \)\) \ \. \ , \ '\ ,,,-./.// /~-,--- / / ~ / \\ \. I -0 Q) e: 2 Q) 0:: Q) .0 o -- ell Q) '- <( ) tJ) ~ o <( '<t X o '- 0. 0. <( .:> ;Q8r~ b ~ I \ \ \ , \< \. 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H I' ~ \\ r; !i t 11 Ii I I', r ii Ii t I; 1- ., I! ;. i K Ii Ii \: i I: 8 -- Q) Q) LL o o N o o ..- j o BITTER LAW OFFICES 485 LOCUST STREET DUBUOUE, IOWA 52001-6940 Joseph J, Bitler' Thomas A Bitler OffICe: 563-588-4608 Fax: 563-588-0103 i' Residence Joe: 563-582-1768 Tom: 563-582-7545 "Also licensed in Illinois Client parking in rear February 20, 2006 Honorable Mayor and Council Members City Hall Dubuque, Iowa 52001 On behalf of Northend Wrecking and Roger Kunde we hereby respectfully request that the Rezoning Application now scheduled for Monday, February 20, 2006 be postponed to a later date approximately 30 days away_ The postponement will allow members of the Council to better have an opportunity to view the premises, see the operation first hand, and inspect how the owner is attempting to screen the property and protect the rights of residential neighbors. [t will also allow members of the Council to have sufficient time to deal with any questions that they may have. Again, we wish to extend to the Honorable Mayor and Members of the Council the opportunity to view the property, We would be willing to pick up the Council persons individually or as a group and take you to the premises and show you around. Roger Kunde's business phone number is 556-0044. His cell phone number is 590-1652. Mr. Steve Simon who has been assisting him in this rezoning request can be reached at 590- 1677. Respectfully submitted. //~~ ,(J.,e / t ~I ii' i .!1 i 1.___ ---Jseph J. Bit r .. 00. 00. - >- E-- <z ~~ 00 .....u ~~ O~ ~o E--~ <~ E--~ oo.~ z o ..... E- --'bJ) .-,.D l:: td Q)'- Cl:l""" ;.., ~ > '" '" 0 ;.> u...c::_ ~.= c; 0 <= " ;;: <+< ro ca 0 Q) :';.., --:S u ~ r..... 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UJ0'" I-~w oo~l.L III Z ~ ~ c:l..tJ .0 . ':a(<iQE ~ E >- E 0 CI:EU <( 0 ~ <I::I:U:'I ! ,'"', !i.~: I,.... -""~",,..~,_. February 4, 2006 To: Mayor Roy Buol Regarding upcoming council meeting February 20, 2006. Roger Kunde, owner of North End Wrecking, Inc is once again requesting a rezoning change of several acres from agriculture to Heavy Industrial. As you may recall, the city council members unanimously denied this request on September 20, 2004. Much to our dismay, things have not improved since the previous meeting. Some of the reasons given that evening for denying Mr. Kunde his past rezoning request were as followed. A. Pat Cline believed there was no room for salvage Expansion and environmental contamination. B. Ann Michalski felt it was a terrible idea to expand in the city and it was like putting a gun to your head. C. Joyce Connors stated Mr. Kunde historically lacks Accountability for his actions. D. Roy Buol felt it would decrease home property Values. We oppose the rezoning for the following reasons: -Noise -Degration of view -Environmental concerns -Devaluation of home property -Continued zoning violations Since Roger Kunde purchased North End Wrecking he has continued to solid fill to the North to expand his operation. Noise has increased dramatically with this. If this area would be rezoned heavy industrial, we feel it could only become worse. In the process of adding all the solid fill, Mr. Kunde has efficiently destroyed the natural screening barrier that was present prior to his acquisition of the North End Wrecking property. Where we once viewed a wooded hillside from our home we now view salvage. With the expansion of the salvage operation large amounts of run off mud is now displaced onto Olympic Heights road and Hwy 52 North. After any modest rainfall, city crews must clean the mess up. We don't feel the taxpayers should be billed for North End Wrecking, Inc's expansion. The zoning advisory commission had required Mr. Kunde to obtain a NPDES permit, which he did acquire. In corresponding with the Iowa Department of Natural Resources, several items were addressed and not addressed. The permit obtained is for construction on less than 1 acre. It requires him to control the erosion and sediment loss from the process. North End Wrecking Inc. estimated finish date on project is Spring 2009. Iowa DNR employee Joe Griffin stated that storm water would likely continue as it is presently draining which is on Highway 52 North. "At the present time the storm sewer on Hwy 52 North below Olympic Heights road is filled with mud" stated Kyle Kritz, city planner, at the December Son, 2005 zoning advisory hearing. When we purchased our home the zoning of agriculture had been in effect for decades. With the rezoning to Heavy Industrial within 170 feet will depreciate our home and property value. We believe the expansion already has. At the September 20, 2004 council meeting it was stated "North End Wrecking was to halt the removal of anymore natural screening" Chapter 29. He not only did not stop with this order. they accelerated the removal of natural screening starting September 21, 2004. After becoming disgruntled with how the process was unfolding and Sue Brennan, the zoning enforcement agent, handling of the matter we setup a meeting with Mike Van Milligan, city manager, which took place December 1, 2004. Please see the attached letter sent to Mr. Kunde from the outcome of that meeting which we felt went well at the time. The compliance date was May 31, 2005. As you can see if you view the property, many of the steps have yet to be met. In talking with Sue Brennan regarding our concern on March 31, 2005 she explained that the letter was drafted only due to the neighbors putting pressure on the planning department. Mr. Kunde has built a section of fence on Agricultural zoned land, which is in violation. At the east end of the illegal fence he also placed a wooden structure, which is ~n violation. Salvage continues to be visible with stacks of cars over the fencing on the east side of the property ~.!.so. Mr. Kunde has repeatedly stated that in consulting with Kyle Kritz, city planner, that it's his property now and he can do what-ever he wants. In fact, that's what has taken place since there does not seem to be any negative consequences for his action. Council members seemed some what taken back at what had transpired previous to the September 20, 2004 council meeting. The outcome of the council's vote reflected that premise and the neighbors along with ourselves were happy and relieved with the decision. Sadly, 1 ~ years later there is nothing to be jubilant about. Mr. Kunde continues to use smoke and mirror tactics to further his initial objective. The Dubuque Zoning Advisory commission again gave their consent for the heavy industrial zoning to "solve" the present dilemma. The idea here is that he will correct the problems that he has created. Roger Kunde operates by using stiff-arm tactics; giving him his way is not going to solve anything. North End Wrecking, Inc spit in the face of the city council and their decision in 2004. Hopefully if this zoning request is denied. there will be a final and justified conclusion. The landscape will never be the same. yet screening is required. It hasn't happened. In closing, we invite and encourage you to visit the neighborhood and view the proposed zoning change from our perspective. What Roger Kunde says he will do and what actually happens are often two different things. If you have any questions or comments, please feel free to contact tlS at Home -556-8936 rtope's work- 582-7206 Hope.Huseman@swissvalley.com . ,~A ~lv'-''-'"\/.:>- 4-t(:f~ \ l1Y(\iWl 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 pIanning@cityofdubuque.org www.cityofdubuque.org i DD~~E ~<k~ cC~C) ~- \ ...J - Q { Ii -.- ~, \ (J - December 1, 2004 CERTIFIED MAIL Roger Kunde North End Auto Wrecking, Inc. 55 W. 32nd Street DubuquelA 52001 SUBJECT: CODE COMPLIANCE FOR NORTH END AUTO WRECKING PROPERTY Dear Mr. Kunde: Recent inspections of your property revealed violations of the City Zoning Ordinance and Chapter 29 of the City Code. VIOLATIONS: Inspection revealed that junk and salvage vehicles are being stored on property that is zoned R-1 Single-Family Residential and AG Agricultural. Junk and salvage operations are limited to HI Heavy Industrial zoned property. Inspection further revealed that junk and salvage vehicles are encroaching on City-owned property. Inspection also revealed that junk and salvage vehicles are not screened from view outside the premises. ORDER TO COMPLY: To ensure that the North End Auto Wrecking, Inc. property at 55 W. 32nd Street complies with City Code regarding zoning regulations and salvage license requirements, the following steps must be undertaken. 1. A survey plat of the south and west boundaries of Lot 1 of 1 of 1 of Oakwood Addition, the western boundary of Lot 1 of 2 of 1 of 1 of 1 of Heim's Subdivision, and the zoning district boundary line between the HI Heavy Industrial and AG Agricultural zones that lies 200 feet north of the south boundary of Lot 1 of 1 of 1 of Oakwood Addition must be provided. A licensed surveyor must produce this plat and a copy submitted to the Planning Services Department for review and approval. 2. A licensed surveyor must clearly establish the lot boundaries outlined above with survey stakes placed in the field. 3. A 12-foot high chain link fabric-covered fence must be placed along the zoning district boundary line between the HI Heavy Industrial and AG Service People Integrity Responsibility Innovation Teamwork North End Wrecking, Inc. December 1, 2004 Page 2 4. 5. G Agricultural zones, and if necessary, other areas, to obscure the salvage and junk from view outside the premises. The fence must be a minimum of 200 feet in length and be placed where the natural screening has been removed. The fence fabric must be at least 90% opaque and green in color. The remainder of the HI/AG zoning district boundary line must be fenced with a four to six-foot chain link fence to confine the contents of the salvage yard to the HI zoned area. The southern and western boundaries of Lot 1 of 1 of 1 of Oakwood Addition must be fenced with a four to six-foot chain link fence. 6. A vegetative screen of perennial evergreens must be placed along the 200- foot section of the zoning district boundary line and where the existing vegetation has been removed (just north ofthe required12-foot high fabric- covered chain link fence). The evergreen species recommended must grow to a height that will obscure the fence and salvage yard. A landscape plan drawn to scale indicating the variety, size, and placement of the vegetative screening must be submitted to the Planning Services Department for review and approval. All salvage vehicles and other stored materials must be removed from City property (Lot 1 of 1 of 1 of 1 of Heim Subdivision), and this boundary must be fenced with a four to six-foot chain link fence. 7. All salvage vehicles and stored materials must be removed from the R-1 Single-Family Residential and AG Agricultural zoned properties and placed on the HI Heavy Industrial zoned property within the confines of the required fence. 8. The Planning Services Department must be contacted once the holes have been established for the fence posts for both north and south zoning district boundaries. The City must be granted access to verify the pole locations prior to completion of the fence. Cease all filling and excavation activity until the survey has been undertaken, the boundary lines have been established and all of the screening and fencing is in place. All future excavation must meet erosion control standards established by the Iowa Department of Natural Resources. No vehicles or other salvage materials may be stacked or placed so as to be visible from off the property, All vehicles and salvase materials must be obscured from view. 10. 11. North End Wrecking, Inc. December 1, 2004 Page 2 4. .5. G Agricultural zones, and if necessary, other areas, to obscure the salvage and junk from view outside the premises. The fence must be a minimum of 200 feet in length and be placed where the natural screening has been removed. The fence fabric must be at least 90% opaque and green in color. The remainder of the HIIAG zoning district boundary line must be fenced with a four to six-foot chain link fence to confine the contents of the salvage yard to the HI zoned area. The southern and western boundaries of Lot 1 of 1 of 1 of Oakwood Addition must be fenced with a four to six-foot chain link fence. A vegetative screen of perennial evergreens must be placed along the 200- foot section of the zoning district boundary line and where the existing vegetation has been removed Gust north of the required 12-foot high fabric- covered chain link fence). The evergreen species recommended must grow to a height that will obscure the fence and salvage yard. A landscape plan drawn to scale indicating the variety, size, and placement of the vegetative screening must be submitted to the Planning Services Department for review and approval. 6. All salvage vehicles and other stored materials must be removed from City property (Lot 1 of 1 of 1 of 1 of Heim Subdivision), and this boundary must be fenced with a four to six-foot chain link fence. 7. All salvage vehicles and stored materials must be removed from the R-1 Single-Family Residential and AG Agricultural zoned properties and placed on the HI Heavy Industrial zoned property within the confines of the required fence. 8. 10. 11. North End Wrecking, Inc. December 1, 2004 Page 3 I have induded a map illustrating the requirements outlined in steps 3, 4 and 5. The survey plat and landscape plan must be provided to the Planning Services Department by January 3, 2005. The fencing and screening vegetation must be installed by May 31, 2005. The salvage materials must be removed from the R-1 property and the City property by May 31, 2005. Failure to Comply with this Order will result in suspension or revocation of a salvage license for North End Auto Wrecking, Inc. and/or issuance of a citation and court costs and a fine without additional warning or correspondence. The fine is up to $250.00 per day for each day the Violation continues to exist. If you have any questions regarding this information, please contact me at 5894210. Sincerely, II ~./.. " ,\ f~ sus~:';;' Zoning Enforcement Officer Enclosures cc: Michael C. Van Milligen, City Manager Barry Lindahl, Corporation Counsel Laura Carstens, Planning Services Manager bc: Richard Koob, 330 Olympic Heights, Dubuque Mike Burns, 245 Olympic Heights, Dubuque 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 I" day of (? :J- 2006. By ~r~~dent _J" February 6,2006 AUn: City Council Members ,- , , We the residents of Olympic Heights Road and Hawkeye Heights would Like to show our opposition to the proposed rezoning of agriculture land To Heavy Industrial presented by Roger Kunde and North End Wrecking, Inc. We hope you vote this as "NO". #rcJ-\ueeflt:T) )4~. ~mp~. rlts 6/-t6~1~~Ht ~ A "AMU~ 11f!(dQ~H~. n \.... L-<..:v\...}... &"\HP.u:t~' H b '" . .,..(.'<f':!::! .... ,t.. --. ;S /3, >(/ :;L.:f,! &1) l.h1I.da~ Hts D ,^,J:~Z^)nV>?'~ 'L 14D ~~ ~~. '6e2. ~ Hr-::> iff? c~tH(~ Ci ()\~fi\pC HtJ ~~l ~~-,>;~ ~~OOO~iH~. l; vi' (tl!A<;'S< ( l/8!JOJ.ympj(1 Ht5 . .17. \",1 . Lln:OI Hts /.Yif}l'lL.{.J... /. ""cLd.-7L\'1 O:J" ~ - - :~~t;1) ,jP'~Il 4g50i~HgW J;i.MY.a:;.~ ;Jf;2.~~6 . %4L~mpll. H~. . ""'I .~ G-:!} .,~)!i ~~~,~3J7L'~Il1{)IiJ-lb f~J I3tp '3\\76~o~i His 2. t~ o.;~~:~f:~"lli i"J) 1 f,: . ,{ J:tdW' ',->(" - "~''V7..R ,1J~,~gl?([J/-"~ "JZp ;f 1/.0/ . """~tlP/,;; 7At.C'/[ P /. ;oJ'ffJ1/r'::'M;i '. I . i 1.e. . '5 ""1-'" ViU-<<c'vu:';1 >/, 't'1.<f-"C 'ips (..: _,I AUN ,~a-~a.(' ~IK Ct.jl\\()( llstt; (. kj(. \. 0 c-.... ~"''''L'IWf' u b.b ". ~ ". "" . - BITTER LAW OFFICES 485 LOCUST STREET DUBUOUE, IOWA 5200H940 Joseph J. Bitter' Thomas A. Bitter OHice: 563"58H608 Fax: 563"588"0103 Residence Joe: 563"582"1768 Tom: 563"582"7545 'Also licensed in Illinois Client parking in rear February 15, 2006 The Honorable Mayor Roy D. Buol and Members of the City Council City of Dubuque City Hall 50 West 13th St Dubuque,IA 52001 RE: North End Wrecking/Roger Kunde Rezoning Request This rezoning request will come before you at your City Council meeting of February 20,2006" By a vote of 6 to I, the' Zoning Advisory Commission voted to approve the rezoning request Certain restrictions were suggested so as to guarantee maximum protection for the residences in that general area. Mr. Kunde has endorsed all of the reservations and restrictions and is most happy to comply. One of the restrictions is that North End Wrecking cooperate with the City staff in their site plan which relates to their screening and fencing. Again, Mr. Kunde is in full concurrence. The matter came before the Zoning Advisory Commission on December 7, 2005. Our feeling was that it would pass unanimously, but one of the members of the Commission asked whether or not there would be any runoff problems that might require Mr. Kunde to obtain approval of the State of Iowa Department of Natural Resources. The permit has been referred to as an NPDES permit Mr. Kunde felt that he was in compliance with all state discharge and runoff rules and regulations, but he was more than willing to show compliance and to otherwise comply if there were any additional requirements. The matter was then tabled and returned for their deliberations on Wednesday, February 1, 2006. At that time, Mr. Kunde showed that he was in full compliance, and we attach copies of various documents demonstrating same. Further, your very capable staff made a presentation, and they confirmed that Mr. KWlde was in full compliance. See the memorandum from Deron Muehring of 12/29/05 attached, and his 1/31/06 letter, also attached. See also the permit from the Department of Natural Resources of the State ofIowa. At the December 7, 2005 zoning meeting, there were two neighbors who expressed concern about visual screening. We believe that we have addressed that issue and Mr. Kunde wants to be a good neighbor and is more than willing to comply with all the recommendations of the City staff. In fact, he has on his own initiative, started screening his property, and would have . . -2- completed the screening regardless of whether the staff required it Please see the drawing attached from Engineering Assistance. Various members of the staff have been to the property and have looked it over. Guy Hemenway indicated that the proposed screening recommendations exceed the requirements of City Ordinances. One of the two neighbors showing some concern at the December 7, 2005 zoning meeting also was concerned about water runoff. This issue was fully addressed by Deron Muehring who has indicated that there is no water runoff problem. Nevertheless, the State of Iowa monitors these types of situations, as does the City. In addition, Roger Kunde also monitors the runoff possibilities. He knows that if problems arise, the City will look to him for responsibility and corrective action. He accepts the challenge and the responsibility. Mr. Kunde extends to you an open invitation to look at the property. He or his associate, Mr. Steve Simon, will give you a tour of the property, either as a group or individually. We believe that some of the members of the Council have had an opportunity to tour the property in the past, but for the new members of the Council, you may wish to avail yourself of this opportunity. North End Wrecking has been in operation in the same location since 1955, and we believe that Roger Kunde has done an excellent job of operating the business while at the same time improving the environment, tending to the concerns of the neighbors, dealing with possible erosion and water runoff problems, etc. Mr. Kunde or Mr. Simon will give you the tour either during regular daylight hours, or on weekends if any of you should so request North End Wrecking is not a junk yard. It is an auto salvage and recycling location. For example, the City of Dubuque is licensed to recycle plastic, glass, paper, and cardboard. North End Wrecking is required to be licensed for and is licensed for recycling autos, trucks, washers, dryers, freezers, refrigerators, stoves, and LP tanks, small and large. In addition, they are state certified to recycle antifreeze, freon, oil and any other hazardous waste which includes batteries. Thank you. Very truly yours, ~/ Joseph J. Bitter JJB/km(6) Ene. l'il!~II'1 .:nIl,1 1111:1:1 l~ IIII 1111': "lllii 1,111,< j!III,II'1 1111.111 I ~~o~ Q ~ ~ .~~~ ~ .~~ . ~t~~ ~ li3~ h n~! ~ p~ f; g~h i ~~~ ~~ ~~i~ ~ ~i~ ~h U!u n !h ul /;. --- r .' ! ---- / I II I ~~ ~ , II :1 m I . . . . . ." . . . . "F Q b't '" ~\:-,~ '~"6u ",'t-~' ~~ ~\v.~ ~.~ ~~'?l 't 't 61- . ....e\ ..~~ '\ \ U. \ \ . \ \ I \ I I rr-- '1~~1 ! l ~--~-~~ .~ j ~~-:-l~-I 8 I I - - t-! -- - I ~--~--~ 1 L - --;",~"- -I '. \ : 1:-----1 II I ~ ~ \ ~ Ii f----__ Ir~111 I : i~---~l _l~----~i -- \ --/-\ ). . ~ ~ ,/ '" ~ ,.( "~\ ~ /." y " ~ / . " ,,~/ / ~ ~ /\-/ . ",,'\~/' , . ~~ /\ v v:~ ,,'or /. '%~ ..1-" , / ~"'0o.-'?/ 0<V~~ / <' / / / / / / "~~ & { ~s /~ C;' / \ \ / ~ ~ -, . . :!l~' . z~ . ~- ~ ~~ (.!)~~ z"' ~ Il. . ijj~ ~ iti ~ ~ . . \ < .~ \ I ~ ---- . . . I / . on' . \ r . . . " ~ . . . . . r . \. .\ I). 1- \\ . . . . roHMIa ." . . . . . . . . . . "-I:" . . . z. ~ ~~ . . . 'Vt . ;~ .~. .~ ~ \ ~~ . ~" . ~. \ . . . e . . .;e . . . . . . . . . . . ..... . . . '.l" . -- -- .- - -- -- -- -- -- -- -- \ \ \ \ \ \..--- ---- c.:l U ~ '" ~ I!l 2'i II. ~ I c.:l z G z c.:l :> ~ ~ 8 J:l'l ~ l;1H ~ Ou, ~~ ~ "0:> 8 ~51!I.o <( .. . .. -- -- -- -- -- -- -- -- -- -- -- -- -- -- ,. ~fl ~~ z/70 Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th Street Telephone: 589-4210 Return to: Jeanne Schneider. City Clerk Address: City 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 ~OdJ Roy D. Ffoi, Mayor 2006. 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) Recordinq. 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. ~~ JA) #-1,(/ ojt:7 Prepared by: Laura Carstens. Citv Planner Address: Citv Hall. SOW. 13th Street Telephone: 589-4210 Return to: Jeanne Schneider. Citv Clerk Address: Citv Hall 50 W. 13"' 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 ,YOf / /'. A . ~. (i! Ii /1~ {t /J<,<" Roy D., 01, Mayor 2006. 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 . o .... o o r o / CJ1 CJ1^ ~5 . a. WCll "';;0 ::J Cll a.N eno -::J .., -. Cll::J ClllO - '" 0 I 0 " Cll Cll - S ~<;)<;) ~ ,,-c m X I - OJ - -I )> "'C <::: lO c ~ " C ::J a. 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".' , '\~:~~;f:',;€_~~~.~. ,_,.~::,.,~:.1,',~~_~,':ld::~:i::":l~' - :~} ',,1', J ~Hl=EJ~ !_ t ,I+F ,,' 'I - ., "II j- I 'i I II' - -li", ~, - : -t= J f Jr-- ,I -,.1'11 i' " ,j l ~ - ~. ~ ~'l.:1- ~ ~.I-I: ::11 ' I - - I . \\J- ' Jt~l- .~' I I - - .1' - - r. ........ _'! __' N.tt , l't-=~ - -:Hx . = i I :1:. -- ~f- - e-f li::fU'. l- I I V ,- -' -, -- f-t:= " r- - - -;~, 'J~ ,I ~ J-;---- 1-,171.- J 1m' ~!' , '~ ,1-1 ' ' 1- _." --~- t i -:- 11-- - -I-- I ..-f , - - H-f--- {If ..f- ~- ~-- I'. I'. e.-, '-'I ",.. 1-' ';' - - ,. , il --'- ~l hJ..T- M' -- S'~EVEN ULSTAD ARCHITECTS .- .- -"- "^,". - Je_ann~_ Schneider-=_P~titionforthe Council_rn~~ting _02/20__.. 1 From: To: Date: Subject: <Hope.Huseman@swissvalley.com> <jschneid@cityofdubuque.org> 02/151200610:09 am Petition for the Council meeting 02/20 I would like to submit this petition for the February 20, 2006 in respect to the proposed rezoning by Roger Kunde and North End Wrecking. Am I following the correct procedure? I can bring the original down also if needed. Thanks! (See attached file: 20060215094635219.pdf) Hope Huseman AccountsReceivable Swiss Valley Farms Hope.Huseman@SwissValley.com THE CITY OF Planning Services Department City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax (563) 690.,,678 TDD planning@cityofdubuque.org ~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 Innovation 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, J1{i~ Jeff Stiles, Chairperson Zoning Advisory Commission Attachments cc: Gus Psihoyos, City Engineer D~~~E ~~~ my of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPLICATION FORM o Variance OConditional Use Permit OAppeal OSpedal Exception OUmited Setback Waiver lilIRezoning tjPlanned District OPreliminary Plat OMinor Final Plat OText Amendment OSimple Site Plan OMinor Site Plan o Major Site Plan o Major Final Plat OSimple Subdivision OAnnexation OT emporary Use Permit OCertificate of Economic Non-VIability OCertificate of Appropriateness OOther: Please tvoe or Drint leaiblv in Ink Property owner(s): North End Auto Wreck i ng, Inc. Phone: 563-556-0044 Address: 55 W. 32nd St. Oty: Dubuque State:~Zip: 52001 ~bj-~(jH-1J103 - Attorney Bitter Fax Number: 563-556-5097 Mobile/Cellular Number: 563-590-1652 Applicant/Agent: Roger Kunde, Pres i dent Phone: 563-590-1652 Address: 55 W. 32nd St. ~b3-~(j(j-Ol03 - Attorney Fax Number: 563-556-5097 Site location/address: 55 W. 32nd St. Oty: Dubuque State:...!.1L- Zip: 52001 Bitter Mobile/Cellular Number: 563-590-1652 Existing zoning: AG Proposed zoning: H. In d Historic District: ~ Landmark: I..K:> Legal Description (Sidwell parcel 10# or lot number/block number/subdivision): I ot 1 of I ot 1 of Lot 1 of Oakwood in thp r.ity of nllhllqllP Towa Total property (lot) area (square feet or acres): ." 7" 'Pl-~' .:::5. 06 Describe proposal and reason necessary (attach a letter of explanation, if needed): See attarhprl lpttpr CERTIACATION: 1/we, the undersigned, do hereby certify that: 1. The infonmation submitted herein is true and correct to the best of ITrf/our knowledge and upon submittal becomes public record; 2. Fees a refundable and payment does not guarantee approval; and 3. tlditional ritten and ra ic materials are attached. Property ner(s): Applicant; Age . Date: /D- 5/-DS- Date: J. Bitter, 485 Locust, Dubuque, lA, 52001 -Phone: 563 588-4608 FOR OFFICE USE ONLY - APPUCATION SUBMnTAL CHECKUST Fee~40~' 6" Received by: ~ Date: ~ Docket: DSite/sketch plan 0 Conceptual Development Plan Dphoto DPlat D1mprovement plans DDesign review proj~ desaiption DAoor plan DOther: BITTER LAW OFFICES 485 LOCUST STREET DUBUQUE, IOWA 52001.6940 Joseph J. Bitter* Thomas A. Bitter Office: 563.588.4606 Fax: 563.588.0103 Residence Joe: 563.562.1768 Tom: 563.562.7545 . 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 comer 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 comer 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 elillloinated. 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 comer so that the berm can be constructed. This will be completed by the year 2008. .JI>N 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, J:JJ!6 JJB/km(6) Ene. 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 52001-8940 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 December 5, 2005 Planning & Zoning Commission City of Dubuque City Hall 50 West 13tl1 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. Hamilton 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 objectors 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 you'ts, JJB/km( 6) Enc. cc: Jc:ffStiles, Chair Eugene Bird, Jr., Vice-Chair Martha Christ, Secretary Richard Schiltz Stephen Hardie Ken Bichel! Ron Smith BITTER LAW OFFICES 485 Locust Street Dubuque, Iowa 52001 Joseph J. Bitter · Thomas A. Bitter >I< 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 Kunde/North 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 staffhas 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 lmge 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 to 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 distance 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 could confirm 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 Joseph J. Bitter' Thomas A. Bitter Office: 583.588-4808 Fax: 563-568-0103 ResidenCE Joe: 563.582-176, Tom: 563.582-754, . Also licensed in Illinois Clienlparkinginrear October 31.2005 RE: Zoning Appeal on Property Owned by North End Auto Wrecking, Inc. NOl1h End Auto Wrecking. Inc. and Roger Kunde. the Principal and Presidenl, o\vns approximate!\' In pnrcels orrenl eSlnle slIlTounding the husiness t'lltil:v' ,'i! :,.:;, \V .J:,"(lll Slreel in Dubuque, Iowa. North End Auto \Vrccking, 111C. has conducted business allhis local ion in excess of ~() years. The buildinfs o1'lhis corporation arc located ~)I1lh(' Iel'el <ll'e,1 of 1;1I1d il;1mediately adjacenl 10 W. 32'" Street. - Nonh End Auto \Vrccking. Inc. is IJJ the business ofpul"chasing. recycling. aile! reselling llsed autos and aulO parts. The business pUIThascs \\Tcckcd or disabled autol1lohiles, strips them of their usahle parts. then crushes Ihem and disposes oflhe rel1laining body ol'lhe car 10 he used I()I' scrap. The salvageable parts are kepi and inventoried by a coullHller for resale. This process makes ilneces';ilrv I()I' the vehicles 10 1)(' Slored for a period oftimc while Ih" parts ill''' b"ing taken offilnd the vehicle is being dismantled. The Dubuque Planning & Zoning Commission quite recently has unanimously recommended rezoning of a portion of this propel1y, previously zoned R.I. The Zoning Commission unanimously recommended rezoning of the propel1y to 1-1.1. The matter then came before the City Council who unanimously accepted the recommendation and approved the re7.0ning loll-I Roger Kunde now seeks 10 rezone ('lppr(1\imatel)' :'.7<' additional an,,; 10 II-I. Thi., I"opert)' is needed fell' his husiness The propel'll' is located behilld Ihe huildings ilnd unlJl'opertv 10 the NOI1h. The pr<1pCI1\ is SlIlT(lI.!Il(kd '"'I!m:,, sides h\' 1'1-1 propertv now ll('in~ IIseell1\' North [nd AUlo \Vreckill~. Inc. in 111(.'lr hllSiI1l'.-';:-;. Oil t!li;.~ SOl!l11 sick. 111(' prnpel'lv JS :ldplCL"nl [0 properly owned by thc ('ill' <,/'l)uhu'I"e Tile Cilv 01' Dubu'llle pmperty f,onls \\1 .',c"" Streel. '"lel consists of empt)' land plus some houses thm haw heen plll'chased tor deStruClion so as 10 make way lor the W. 32"'1 Slreel del"ntion basin The request to rezone excludes a strip ol'grollnd arollnd the North perimeter of tile propen)', 100 feel in width. Tbis property will remain agricultural, will be heavily planted in trees, and will sel've as a wooded buffer zone bel ween the salvage y,'lnl ilnd Olympic Heigh!' Rmld on the North. As indicated clse\\'here in thi, leller, Ihe Cit)' ofDllbuql.\c owns pi o 1.)""'1 \' to Ih" South, adjacent to W. 32"" Street. nnd ahlltling ~(l['lh End's property on the Suurh Not all ortl,e City's [lrol~eny will be ncct'ssal) I(lr llie detention basi'l Som" orlh" property. thai portion adjoining. North October 3 I, 2005 Re: North End Auto Wrecking, Inc. Page 2 End, may be available for North End to purchase or lease from the City for their salvage yard. We have met with the City !\1anager and stan: and the Managel' has indicated a willingness to lease a pOl1ion of the City's properly to NOrlh End I'm salvage purposes In return, the efly 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 part of a rezoning request and the lease/purchase orlhe unneeded City property 10 North End. The propel1y in question has been used as part of the salvage yard since 1955. At that time, the propel1y was located within DubuCJue 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 propel'y may be "grandfathered" in any event. Nevel1heless, we make this zoning,request. We wish to forego any claim of prior inconsistent use (granclfathering). , - in the year 2001, Roger Kunde purchased the shares or stock in North End Auto Wrecking, Inc. and became tlie principal shareholder and President of North End. He continued 10 operate the salvage yard in its same location. In order ror the salvage yard to be successtlJI and prosper, it must grow, and the land in CJuestion appears to US to he ,1 natural use of the property. II is in t~\ct, the only use to which the propcl'y can be put for all practical purposes Since Roger Kunde became the Principal of North End in2001, he has lowered the grade of the lOp of the hill significantly l'lis plans call tor further reducing the hill hy hetween 6 and 15 feet. This will funher reduce the visihilil)' of the yard. The City Manager and several staJTmembers have been to this property, some oftl1em several times. I think they can vouch for the fact that Roger Kunde has done a good job of organizing the yard, updating it, and keeping it as neat and clean as can be expected ofa salvage 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 property into detention basins, consistent with the City's plan Roger Kunde has put in hundreds of feet of tile. We believe that the water runoff situation is far better now than at any time in the last 50 years. The property sought to he rezoned nllls 10 Olvmpic Ilcights along the NOl'lh boundRl'Y. Howevel', the hulTer zone 01' Ion I('el need noli", l'e7oned and should remain in agl'icullural This is the bulTer zone Il1al \vill be plnn!cd heavilv in trees and remain woocled. The City of Dubuque has had concerns in the past about scre.ening the property from the. view of OIhel's, induding the few 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 J, 2005 Re: North End Auto Wrecking, Inc. Page 3 has placed fencing along the Northerly boundary line. He has planted evergreen trees so that the propelty will have a thick. dense screen fi'om Olympic Heights. This process is ongoing, and Roger will continue to diligently sc.reenlhe pl'Opel'1V 10 the salisfRc.tion ol'the Cily This zoning request came be Core the Planning & Zoning Commission in Ihe spring 01'2004. The Commission unanimously approved the re7.0ning request, on condilion Ihat no building be erected on the sile.. Roger [(unde c.ollCul't'l,d wilh Ihis request. We believe thai one member 01' the Commission was ahsent We will submit a map showing the property which we seek to rezone, also showing Ihe surroundil}g pl'Opelty owned by the City of Dubuque Rnd NOIth End ~uto Wrecking, Inc.lRoger Kunde. We \vi[1 be available to answer questions. Thank you for your consideration. JJB/km D~~~E ~<k~ Oty of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone: 563-58!H210 Fax: 563-58!H221 PLANNING APPLICATION FORM o Variance DConditional Use Permit DAppeal . DSpedal Exception DUmited Setback Wawer l!IRezoning 'DPlanned Distrid: DPreliminary Plat DMlnor Final Plat []Text Amendment OSlmple Site Plan DMinor Site Plan o Major Site Plan o Major Final Plat DSimple SubdMsion DAnnexation []Temporary Use Permit DCertificate of Economic Non-Viability DCertificate of Appropriateness DOther: Please tvoe or orint leaiblv in Ink Property owner(s): North End Auto Wrecking, Inc. Phone: 563-556-0044 Address: 55 W. 32nd St. Oty: Dubuque State:..lLZip: 52001 ~bj-~~~-UIU3 - Attorney Bltter Fax Number: 563-556-5097 Mobile/Cellular Number: . 563-590-1552 Applicant/Agent: Roger Kunde, President Address: 55 W. 32nd St. ~bj-~~~-UIU3 - Attorney Fax Number: 563-556-5097 Phone: 563-590-1652 Oty: Dubuque Bitter Mobile/Cellular Number: State: ..ffi- Zip: 52001 563-590-1652 Site location/address: 55 W. 32nd St. Existing zoning: AG Proposed zoning: H. In d Historic Dlstrtct: Landmark: Legal Desctiption (Sidwell parcel ID# or lot numberfblock number/subdivision): I nt 1 nf I nt nf Lot 1 of Oakwnnrl in thp r:ity nf nllhllqllP. T nWn Total property (lot) area (square feet or acres): <; 7<; nrrp< Describe proposal and reason necessary (attadl a letter of explanation, If needed): Sep nttnrhprl lpttpr CERTIFICATION: I/we, the undersigned, do hereby certify that: 1. The information submitted herein Is true and correct to the best of my/ourknowledge and upon submittal becomes public record; 2. Fees a refundable and payment does not guarantee approval; and 3. Clditional ritten and ra 11= materials are attached. Date: /D~ 5!~DS-- Date: 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 Dlmprovement plans DDeslgn review proj~ description Date: Dphoto DAoor pian Docket: o Plat DOther: V'\T ~ DEPARTMENT OF NATURAL RESOURCES THOMAS J. VILSACK. GOVERNOR SALLY J. PEDERSON, LT. GOVERNOR JEFFREY R. VONK, DIRECTOR DEPARTMENT OF NATURAL RESOURCES NATIONAL POLLUTANT DISCHARGE ELIMlNA nON 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 storm 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 Depmtment of Natural Resources that this stoml water discharge complies with the terms and conditions of NPDES General Permit No.2. Authorization is hereby issued to dischm'ge stol1n water associated with indusUial activity as defined in Part VIII of the Iowa Department of Natura] 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 ] B ' [j Latitude 1 LongJtuti~ i 1/4 Sc=(IIOJ1 Sel:[lOll Town:slllP I Range -- -:-::-1----+------1- - - I .._1 _=~. -=- ~=.- ~I--__~ -~~-~ Deg,~_ __ M~n~~~-l ~~_:~dS_ 'D~~:;. ~U1ut" I s,,~":~._1 L._. SE-l,__._ .NE~~_ 89N.J _2E _ 1__ _ __. J_.! Coverage Provided Through: 9/30/2008 NPDES Permit Discharge Authorization Number: 10724 - 10521 Discharge Authorization Date: 1/20/2006 Project Description: SITE DEVELOPMENT l<-OR THE STORAGE OF SALVAGED CARS. LESS THAN 1 ACRE. WALLACE STATE OFFICE BUILDING / DES MOINES, IOWA 50319/515-281-5145/ FAX 515-281-8895 DEAR STORM WATER DlSCHARGER: 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-10724-10521 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: PUBUC 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 PUBLIC NOTICE OF STORM WATER DISCHARGE Greg Birkett General Manager North End Wrecking Inc. plans to submit a Notice of Intent to the Iowa Department of Natural Resources to be covered under NPDES General Permit 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. 1/4 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, ~vironmental 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. .. rJJ. rJJ. '-.-' >- E-; <z ~~ 00 ....u ~~ O~ ~o E-;~ <~ E-;~ rJJ.~ z o ... ~ U ... ....l ~ ;l ll-< f;I;. o z o ..... ... < U ..... f;I;. ..... ~ [;l;l U oj 0:: " f'l "-' 0 "". OJ 0 tl CIl Q Q) ~ Q (1) ~ ro .9 oor/5 ~o ~~""O~~ ......, ;... c:: Q) 0 c:: iU ro Q ...-l ::; 0.. (l) "0 GI7 E d ;:s......~ " p. cr< gl I=i CI.I;:s OJ 8 ~ .g.s ra 0:: 0 "B..c:: '"E! 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',' E ,1Il....... u.a:: : "ii-:z:~,0:~i:LL'cii"",>,~,,c.$I~'15i'(Q.~""7::E al" '::m. g::, "';'!:ai,5:lD:6~ . i~c~~~r~~ 8~f!f~~I_~\~.~fn~q~Ic ~Uh~fUb I": :,'., Z:aEE a,'~:w-t~~:t'aJi"i;;W':~'~ '6' g::"5:~~~a.;a:~~:~'1~~5'!:~'~' ~.r:.:'",:"".',".'Lt'_,,,_.;,.,.}.',:':~;1;-;~,,:;~:~,:;"'y~if;~UJ.;,:;t:;"G"".' ........ . " -, ..,,-....' .... ,." . '; "'~ "'0 ",,0 "'N W'" - 0.-::: <Gi . Q..oU . E~ ::C:~e G;c.ll z.s! . <J ~' ""'EO g~ ,-,::II ...... ~. \~ . 0 . - 'tal'" D~~~ ~Yk.~ 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 pear 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, [}-!/J7~~ Deron Muehring, Civil Engineer Cc: Gus Psihoyos, City Engineer Kyle Kritz, Associate Planner "0 E Q) ~ "0 0 ?;' c: 1 ...... 0 c: '+- co N UJ ~Q) Q) .c Q)I cr: ~ Q, t ...... 0.- Q) 0 Q) oI ..c f co z ~ ...... 0 0 :E Qj ...... a....... en ...... "0 Q)t5 co c: "0 c:.- Q) ~ :J c: ol:; ...... ~ N N III <( C') Q).- .- ...... ......0 1:5 III "0 l: Q) ~ 0-.- :!: Q) Cl I-COl:; E III .- 0 ...... III 0 0 cr: 10 :J ._ 10 c~o a. .- Z. 0 > ...... Cl .2 u- (3 ...... .....,._ co n. c: c: c: ...... .- CO.- 0 .9- 0) Z u~ :;:; ...... <( III <1Z ._ u U :J I -Q) co [Jill 1Il,,"O ........... a....... u ........... ~S ........... 0 Q) <( c: ........... ........... ...J o - . . . . . . . . . . . ........... . . . . . . . . . . . :I: REZONING STAFF REPORT Zoning Agenda: December 7, 2005 Property Address: 55 W. 32nd 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 leloel 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. HO\Never, 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. 32nd 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 will 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. Pre""" by, ~~f""''''.i- R.._d, -;f 1 ~, 1/-""05 HONERABLE MAYOR AND CITY COUNCIL MEMBERS My name is Dan McDermott and I am Co-owner of McDermott Bros Construction. I am currently building the home on the property directly across from North End Wrecking on Olympic Heights Road/Hawkeye Heights. I am very concerned with the proposed rezoning of the the North End Wrecking land from Agriculture to Heavy Industrial. I have had numerous Viewers of this well built home state" What in the world is over there" as they Point in the direction of North End Wrecking. They love the house but Don't want anything to do with the" salvaged vehicles" staring right At them. I feel this rezoning would be very detrimental to my business. Please listen to myself and the current neighbors and vote this "NO". Please give me a call with any questions you may have for me. 582-6577. J.l~Vt tf!~~ Dan McDermott McDermott Brothers Construction , '-..1