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Zoning 55 W. 32nd NE Wrecking Dii~~E ~ck.~ MEMORANDUM March 28, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: North End Wrecking HI Rezoning Request -- Revised Ordinance/Memorandum of Agreement and Planting Plan; Property/Enforcement History Pursuant to Council request, Planning Services Manager Laura Carstens is transmitting a revised ordinance/memorandum of agreement and planting plan, as well as property/enforcement history, for the HI Heavy Industrial rezoning request filed by Roger Kunde for North End Wrecking. (tv( C:n/11~ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager (-": .~~' D~~~E ~<-k~ MEMORANDUM March 28, 2006 TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager ~ SUBJECT: North End Wrecking HI Rezoning Request -- Revised OrdinancelMemorandum of Agreement and Planting Plan; Property/Enforcement History This memorandum transmits a revised ordinance/memorandum of agreement and a planting plan, as well as property/enforcement history, for the HI Heavy Industrial rezoning request filed by Roger Kunde for North End Wrecking, 55 W. 32nd Street. The City Council held a public hearing on this rezoning request on March 20, 2006 and gave the ordinance a first reading only. At the public hearing, even though there was no vote, there appeared to be agreement that a revised ordinance/memorandum of agreement regarding two deadlines for installation of screening and a planting plan, as well as property/enforcement history, be submitted for City Council consideration. On March 22, 2006, I met with Steve Simon, Mr. Kunde's representative for the HI rezoning request. The attached ordinance/memorandum of agreement has been revised per City Council's request for items #3 and #4, and Mr. Simon's request to include #1 and #2, as follows: 1. No salvage vehicles will be stacked on the rezoned property. 2. No salvage vehicles will be placed on the rezoned property where they will not be shielded visually from off-site by permanent screening on the north boundary line. 3. The screening fence along northwest portion of the north district boundary line will be completed by January 1, 2007, as per submitted planting plan. 4. The screening fence along the northeast portion of the north district boundary line will be completed by January 1, 2008, as per submitted planting plan. Attachments cc: Gus Psi hoyos, City Engineer 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. 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 day of 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2005), 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) No salvage vehicles will be stacked on the rezoned property. 6) No salvage vehicles will be placed on the rezoned property where they will not be shielded visually from off-site by permanent screening on the north boundary line. 7) The screening fence along northwest portion of the north district boundary line will be completed by January 1, 2007, as per submitted planting plan. 8) The screening fence along the northeast portion of the north district boundary line will be completed by January 1, 2008, as per submitted planting plan. S) 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 NORTH END WRECKING INC PLANTING PLAN SUBMITTED BY STEVE SIMON, REPRESENTATIVE MARCH 27, 2006 Trees planted along 430 feet of fence ~ 24 Evergreens, six feet in height ~ 50 Raspberry bushes ~ 14 Evergreens, 24 inches in height ~ 30 Poplars, three feet in height 0- -t.:~~ 9- s;.. ~ ~~~ ~'*' ,,~ %~~ ~~ ~l.R'-=i 'C ~'9- ....el . ~ '\ \ Ii; \ \ ; \ I I I I ~--;---~// I ~ - - I - - - - -=- -=-1 ~' I '--Ii l f---~-~~ , j ,L--:-i~-l I '--':--, I f---:-l----1 --1 L~_I_, --1 ~ ' ~S';l/fbl- - I I i ~-----l ~ I i I J ~ f----__ I =, ill i i----~l -l~---~i --- \ --- --- -\ ) !,\ll~lil 11',:~:1 f II!i~ 'I Iii jllll," ; 131" .111 , /'-- /' ~ " " ~ ,/"~ '- ~ /," Y" '1. / " ,,~/ / __,/ ",,~~"a-/ , --- /\ v ,,<v ,/ / ~<f,,:> / ':;yt"(;<t-/ "'~~'/./ / G~<I/ / / / / " ;! 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(owa 52001-4864 (563) 589-1210 office (563) 589-4221 fax (563) 690-6678 TOO planning@t:ityofdubu4ue.urg: rHEClTiOF f') i..,'>' r; [._ (~!t.; r: ~..-......,-.----~.__..... ~~~ January 29, 2004 Roger Kunde 55 W. 32'" Street Dubuque IA 52001 NOTICE OF VIOLATION: SCREENING AND EXPANSION OF NORTH END AUTO WRECKING, INC. Dear Mr: Kunde: According to the tax assessor, North End Wrecking, Inc. owns the property located at and near 55 W_ 32"" Street. Recently, an inspection was made of your property revealing a violation of the City Zoning Ordinance. VIOLATION: Inspection revealed that some salvaged vehicles are not screened from view outside the premises as required by City Code 29-6. Some contents of the salvage yard are visible from Hawkeye Heights and Olympic Heights Road, probably because you have unlawfully expanded your operation or excavated a portion of your property (Parcel #10-11-479-001) located in an AG Agricultural zoning district. Attached are two earlier letters from this office explaining the zoning status and screening requirements for North End Wrecking, Inc. As discussed in the attached letter to your attorney, Robert Klauer (and in the letter dated July 16, 2001 to Attorney Roth), installation of a fence would be a screening option. Also, rezoning the agricultural zoned property would be required before expansion of that property is allowed. ORDER TO COMPLY: To comply, you must contine your salvage yard to the previously established boundaries and install a fence to obscure the contents of the salvage yard from view from Hawkeye Heights and Olympic Heights. These actions must be completed within 30 days of receipt of this notice or we will begin formal enforcement action. Failure to comply with this Order will result in the issuance of a Citation, court costs and a tine without any additional warning or correspondence. The minimum tine is $250.00 per day for each day the violation continues to exist. Servic~ Pl!ople lntegrily Re~m;ibility lnnuvation Teamwork Planning ServLces Department 50 West 13th Street Dubuque, Iowa 52001.4864 Phone (319) 5894210 Fax (319) 589.4221 -if k~ DUB~E U ~ck~ April 4, 2001 Roger Kunde Roger's Auto Sales and Salvage 3270 Dodge Street Dubuque, IA 52003 Dear Mr. Kunde: This letter is a follow-up to our discussion on Friday, March 30, 2001, concerning the North End Wrecking Company on West 32"" Street. The first issue we discussed was the installation of a chain link fence to provide greater security for the business. Section 2-8.2 of the Zoning Ordinance establishes that in districts other than the residential districts, fences are exempt from the provisions of the Zoning Ordinance. There is no building permit required for installation of a fence. The chain link fence must be placed on your property. The second issue we discussed was required green space. Section 4-5.2 of the Zoning Ordinance indicates that "no new structure. building or parking lot, shall be constructed unless in compliance with the landscape and screening standards of this section." Green space is calculated based on the greater of the following: 20% of the building square footage, 20% of the vehicle use area, or 10% of the combined building and vehicle use area. The existing North End Wrecking operation is in compliance with the landscape and green space requirement of the Zoning Ordinance. The third issue concerns the southwest portion of the property that is currently zoned CS Commercial Service and Wholesale District. This area is used primarily for the storage of wrecked vehicles prior to their processing for the removal of valuable parts. The CS zoning district does not allow auto salvage as a permitted use. This area is. and has been, part of North End Wrecking operation for many years, and is a legal non--conforming use (grand fathered) of this property. The property can continue to be used for an auto salvage business until such time as the use of it ceases for any reason for a period of more than 90 consecutive days, or the use is superseded by a conforming use. The property would then lose its legal non--conforming status and redevelopment would have to comply with current zoning regulations. The final issue is that of screening. The current operation is in compliance with the screening requirements of the City's Municipal Code. The lower portion of the yard is screened by metal fencing, while the upper yard is screened by vegetation naturally. Service People Int~grity Responsibility Innovation Teamwork Planning Servi~s Department City Hall 50 West 13th Street Dubuque. Iowa 520014864 (563) 589-4210 office (563) 51194221 fax plaMing@dtyo/dubuque.org 5Uo~WuE ~ck~ July 16, 2001 Mr. James Roth Roth & Henkels 1400 University Avenue Dubuque, IA 52001 SUBJECT: Zoning Status of Property at 55 West 32"d Street (North End Wrecking Company) Dear Mr. Roth: This letter is written in response to your inquiry regarding the zoning status of the property at 55 West 32nd Street (North End Wrecking Company). The County Assessor's records indicate that this property consists of eight lots (Parcel Nos. 10-14- 201-001,10-11-453-002,10-14-226-001, 10-14-226-003, 10-14-226-004,10-14-226- 005,10-14-201-013, and 10-14-226-007). Most of North End Wrecking's salvage activity and vehicle storage is within an HI Heavy Industrial Zoning district. Salvage yards are permitted in an HI district. There is a small portion of the salvage yard located on Lot 10-14-226-007 that is within a CS Commercial Service District. Salvage yards are not permitted in a CS District; however, the salvage yard was legally established prior the zoning change in 1985 and therefore is a legally non-conforming use (grand fathered). There is also another portion of the salvage yard (Parcel No. 10-11-453-002) that is located in an AG Agricultural Zoning district. Salvage yards are not permitted in an AG district. However, as with the CS district, the salvage yard was legally established and can continue to operate as a legally non-conforming or grand fathered use. No expansion of the operation in either the AG or CS district is permitted. Any expansion of the salvage yard in the HI District must meet all current zoning requirements, including screening. One of the eight lots (Parcel No. 10-14-201-001) is in an R-1 Single-Family Residential Zoning District. It appears that no portion of the existing salvage yard is within this parcel, and expansion of the facility onto this lot is not permitted because salvage yards are not permitted in an R-1 district. The City of Dubuque's Geographic Information System's aerial photography indicates that approximately 30,000 square feet of the salvage yard has strayed onto City property (Lot 10-14-201-013), without the permission of the City of Dubuque. This 5<<via P"'PI. Integrity Responsibility Innovation 1i:.unwodc. , . Complaint History for 55 W. 3200 Street North End Wrecking Owner: Roger Kunde May 20, 2004 On January 15, 2004, I started to receive complaints about North End Wrecking storing junk vehicles near Olympic Heights. It was also reported that piles of junk were more noticeable from Hawkeye Drive. Following a full investigation, a Notice of Violation was sent to Roger Kunde on January 29, 2004. Inspections revealed that some salvaged vehicles were not adequately screened. Also, North End Wrecking had expanded their storage area onto property zoned AG Agricultural. Since salvage yards are not permitted in an AG District, the property would have to be rezoned to continue expansion of the business. After receiving the Violation Notice, Robert Klauer (Roger Kunde's attorney) contacted Assistant Planner Guy Hemenway to discuss the installation of proper screening and the rezoning procedure. Until the rezoning issue is resolved, it is not practical or feasible to install the fence because the area enclosed by the fence may change. Customarily, we stay enforcement when zoning issues are before a Commission, Board or City Council. In March 2004, while the rezoning request was pending, I received two complaints about empty oil tanks being stored at North End Wrecking, presumably in the area zoned HI Heavy Industrial. I did convey the concern to Robert Klauer, attorney for Robert Kunde, and received a message the next day that the tanks had been moved. Shortly thereafter, the tanks were cut up and removed all together from the property. However, it would not constitute a violation of the Ordinance to store the empty tanks in the salvage yard. I also recall that prior to January 2004, I received a few complaints about rocks falling into the right-of-way along Olympic Heights due to excavation of nearby property. The ongoing operation of North End Wrecking was not the subject of the complaint nor mentioned as a concern of the callers. The primary issue was the fact that the hillside was being disturbed by grading or excavation. Since the City does not require an excavation permit, and excavation or erosion control is not a zoning issue, the callers were referred to the State Department of Natural Resources, which issues an excavation permit if the area involved is over an acre. In addition, the callers were referred to our Engineering Department, which regulates matters involving the City right- of-way and drainage. Susan Brennan Zoning Enforcement Officer SEQUENCE OF ENFORCEMENT EFFORTS . January 2004 - Received complaints about North End Wrecking. Roger Kunde (RK) cutting down trees and excavating which made contents of salvage yard a lot more visible. . January 29, 2004 - Ordered RK to confine contents of salvage yard to heavy industrially zoned property and install a fence to obscure contents of salvage from view. . February 2004 - Extended deadline for compliance when Robert Klauer, attomey for RK, requested more time to apply for rezoning of abutting property not zoned for use as a salvage yard owned by RK. . March 25,2004 - RK applied for rezoning from AG and R-1 to HI, which was approved by the Zoning Advisory Commission in May 5, 2004. · September 20, 2004 - Rezoning was denied by City Council. · October/November 2004 - Meetings scheduled by Laura with staff, Mike Van Milligen, and Tim O'Brien for direction on screening, encroachment issues, survey and enforcement. · December 1, 2004 - Notice and Order sent to RK, North End Wrecking, detailing what was necessary to do and screen for compliance. Ordered to submit a screening plan by January 3, 2005. Deadline for installation of fence and screening is May 31, 2005. · February 10, 2005 - Citation issued for violation on February 10, 2005 for failure to submit a screening plan. · March 9, 2005 - After RK served with citation, called and said he would provide screening plan to us before court date which he failed to do. · March 24, 2005 - Robert Klauer appeared in court on RK's behalf and requested and granted a continuance to May 12, 2005 to review the case. · March 31, 2005 - Sue Brennan and Guy Hemenway met with RK and reviewed the screening plan he submitted, which was not approved. · April 12, 2005 - Sue Brennan and Guy Hemenway met with RK to discuss modifications to the plan he must submit for approval. Also, on April 13, 2005, Guy met with RK at site to identify approximate HI boundary where screen to be placed subject to survey. · April 14, 2005 - Planning Services staff contracted with and hired Weber Surveying, LLC. . April 21, 2005 - RK submitted letter to City Council requesting purchase of City property west of North End Wrecking. . May 5, 2005 - City Manager Mike Van Milligen, Laura Carstens, Ron Turner, Sue Brennan and Guy Hemenway met with RK at North End Wrecking at RK's request. . May 11, 2005 - Sue Brennan, Guy Hemenway, Ron Turner and RK met with Mike Weber, surveyor, at North End Wrecking to show boundary and line markers. RK said it would be impossible to meet the 5/31/05 deadline to remove encroaching cars off of the R-1 and AG zoned areas. He said he would require more time. He also said a lease of City property, with conditions, is not acceptable. RK said he wants to purchase City property in the middle of his salvage yard and thereabouts. Ron Turner said RK should provide a description of the property he wishes to purchase to him and suggested RK submit a map of the property he wishes to purchase based on the completed survey plat. · May 12, 2005 - Hearing in District Court on RK citation for Failure to Submit Screening Plan. RK accepted responsibility for civil infraction and paid fine and costs. · May 13, 2005 - Completion date of survey by Mike Weber (Weber Surveying, LLC). Survey (attached) shows encroachment of salvage vehicles on City property and RK property zoned AG and R-1. · May 17, 2005 - Guy Hemenway provided RK with a list of measures to be taken for zoning and screening compliance, including copy of survey showing encroachment into AG and R-1 zones and onto City property (see attached letter). · May 18, 2005 - Engineering staff responded in writing to RK's request to purchase property (see attached letter). · May 27, 2005 - Guy Hemenway was contacted by Attorney Joe Bitter, representing RK, regarding measures to achieve compliance and extension of May 31st deadline. · May 31, 2005 - Sue Brennan was contacted by Attorney Joe Bitter regarding extension of May 31st deadline. · May 31, 2005 - Laura Carstens, Sue Brennan and Guy Hemenway met with City Manager, and agreed on extension of deadline to July 14, 2005. · May 31, 2005 - City Manager provided RK with written notice extending deadlines for screening, removal of vehicles from AG zone, and lease n~gotiations for City prore~ to JUly.14, 2005, and placing request to purchase CIty property on June at City Council agenda. PS staff hand delivered letter to RK and Mr. Bitter on May 31st. . June 6, 2005 - Staff inspected the premises at NE Wrecking with Mr. Bitter. Screening was not installed and a significant number of vehicles were still encroaching on R1, AG, and City property. . June 6, 2005 - NE Wrecking on City Council agenda. Letter from Joseph Bitter (represents RK) regarding NE Wrecking's desire to purchase or lease (as a second option) City Property. . June 13, 2005 - Letter to Joseph Bitter from Engineering requesting information in order to proceed with the lease/purchase agreement. . June 16, 2005 - Letter from Joseph Bitter to City Manager. · June 20, 2005 - Letter from Michael Van Milligen to Joseph Bitter regarding the City negotiating a property lease; not a purchase agreement. Mr. Bitter was requested to contact Ron Turner to arrange a meeting. · July 8, 2005 - Ron Turner waiting to hear from Mr. Bitter and receive information (previously requested) about the specific property RK wishes to lease. . July 14, 2005 - Compliance Deadline. · July 15, 2005 - Staff inspected the premises at NE Wrecking with Joseph Bitter and RK. Negotiations as to lease of City property pending. Contents of salvage yard obscured from view. Salvage vehicles removed from AG property and a screening fence is installed within the HI Zone. Non compliance as to R-1 property and City property. · July 15, 2005 - Cindy Steinhauser, Joe Bitter, and Guy Hemenway met and agreed on extension of Compliance deadline to July 29th (also approved by City Manager). · August 15, 2005 - Staff inspected the premises at NE Wrecking with Joseph Bitter and Roger Kunde. Contents of salvage yard obscured from view. Salvage vehicles removed from City property. Non-compliance as to R-1 property. Salvage vehicles still remain on R-1 property. · August 16, 2005 - City Manager, Tim O'Brien, Laura Carstens, Gus (& other staff) met with Roger Kunde, Joe Bitter, Scott Kunde and Steve Simon. Compliance deadline of August 16, 2005 extended. With respect to City property, it is not for sale; lease negotiations pending. . August 29, 2005 - Applied for rezoning of approximately six acres of property from R-1 to HI. . August 30,2005 - Enforcement as to salvage vehicles remaining on R-1 property stayed until outcome of application per City Manager. . October 5,2005 - Zoning Advisory Commission approved rezoning of R-1 to HI with three conditions. o Preserve and retain (trees) existing vegetation. o No storage of salvage material is allowed south of tree line. o No buildings shall e constructed on this property · October 17, 2005 - City Council approved rezoning R-1 property to HI. Published and in effect on 10/21/05. · October 18, 2005 - Staff inspected site - in compliance with the Zoning Ordinance - no violations observed - file closed. · October 31, 2005 - Applied for rezoning of approximately 3.9 acres from AG Agriculture to HI Heavy Industrial located northeast of the adjacent salvage yard (200 feet). · December 5, 2005 - rezoning request tabled by Zoning Advisory Commission until Kunde produces proof of having obtained all necessary permits from Iowa Department of Natural Resources. March 28, 2006 The Honorable Mayor and City Council C/O City Clerk City Hall 13th Street Dubuque, IA. 52001 Ladies and Gentlemen: RE: rezoning by Roger Kunde a.k.a. North End Auto Wrecking of parcels on West 32nd St. from R-1, Residential to Heavy Industrial. I am asking for permission to address the council at the April 3'd meeting regarding the above. I do not agree with your action of March 20 on the zoning mentioned above. It appears that I lost the zoning vote. This vote assumed that Mr Kunde will install burms, fencing and trees. However, at this point he has only defaced the neighborhood further with additional scraped vehicles. I would like to see you enforce the conditions of his zoning prior to his further defacement of the neighborhood. Mr. Kunde has lived up to nothing but bringing the neighborhood into disarray to this point. We would like a further restriction on his request. That is, to make permanent the restrictions on his access to the property from Olympic Heights Road. Planning and zoning has given more time for Mr Kunde to complete this project than it would take to complete a $1,500,000 dollar project. Certainly a burm, trees and a fence do not warrant this kind of delay, when he is already, in eight days, further defacing the neighborhood. Q7;:;t yu!tud Paul J. Uhlrich 489 Olympic Heights Road. Dubuque, Iowa. 52001. , ' Prepared by: Laura Carstens. City Planner Address: City Hall. SOW. 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 ;._YOf L/. d . . ( - ) ~ ~L, /~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) Recording. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within thirty (30) days of the adoption of Ordinance No. - 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 m X I - OJ - -{ ) "'C to c ~ " C :::J 0- CD ill "'C :::!.. ...... ...... , N , o , / CJ"I CJ"I^ ::2:5 . 0- WCD N;:o :::JCD O-N eno -:::J .... -. CD :::J CD co - )> "'C "'C a x .j>. )> o .... CD en . o )> .... CD III - o 0- CD ;:0 CD N o :::J CD 0- . 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' .JI _ I _._- ....j I ~ - I I -I t-. -j-- - -I. 1-- . ~ ~- =:1: ~ ~ ~~ ~i=~ -IN I"'. _ J :1.:. -./' -1-1- . --tl HI I 1..- f-_. -- --~ _\.--- i-- I !,.."'. -- -r-- - , - -..... -. - f--G - ~JT'.' . ! ""'. _,' ____ ...iJ . -,...... . '-I _ I .. cC -- .:...:..:.;.- 1-' I . .. . 'T i - -~- r'- --I- \. .... .. ~ ~ i - .-'''' ;.- ". ,I". i ~ --- j. <II~ ~~. -" _. --- s or E V g ULSTAD ARCHITI!CTS r Jeanl'l_e~SCh~e.ider~PEltiti()r'_J()r the ~olJnc~~eeiing02120 1 From: To: Date: Subject: <Hope.Huseman@swissvalley.com> <jschneid@cityofdubuque.org> 0211512006 10:09 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 ~_~..."_'_:.M...:.:c~._L Planning Services Department City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org ~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, ~i~ Jeff Stiles, Chairperson Zoning Advisory Commission Attachments cc: Gus Psi hoyos, City Engineer ~~~E ~<k~ Oty of Dubuque Planning Services Department Dubuque, IA 5200 1-4864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPLICATION FORM D Variance DConditional Use Permit DAppeal . DSpedal Exception DUmited Setback Waiver Ii'J Rezoning ti Planned District DPreliminary Plat DMinor Final Plat []Text Amendment DSimple Site Plan D Minor Site Plan D Major Site Plan D Major Final Plat DSimple Subdivision DAnnexalion []Temporary Use Permit DCertificate of Economic Non-Viability DCertificate of Appnopriateness DOther: 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 ~b3-JI:lH-U103 - Attorney Bltter Fax Number: 563-556-5097 Mobile/Cellular Number: 563-590-1652 Applicant/Agent: Roger Kunde, Pres i dent Address: 55 W. 32nd St. Jb3-JI:lI:l-UI03 - 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: t-ao Landmark: \o..K:> Legal Desoiption (Sidwell parcel 10# or lot number/block. number/subdivision): I nt 1 nf I nt 1 nf Lot 1 of Oakwood in thp rity nf nllhllqllP, TnWn Total property (lot) area (square feet or acres): .to 7to '~1'-' .s. c,!5 Desoibe proposal and reason necessary (attach a letter of explanation, if needed): Sep attnrhprl lpttpr CERl1FICll.110N: I/we, the undersigned, do hereby certify that: 1. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 2. Fees a refundable and payment does not guarantee approval; and 3. tlditional ritten and ra i.c materials are attached. Property r(s): Applicant/Agen. Date: /D- 5!~DS- se h J. Bitter, 485 Locust Dubu ue Date: IA 52001 -Phone: 563-588-4608 FOR OFFICE USE ONLY - APPUCATION SUBMITTAL CHECKUST Fee~'" 6'" Received by: ~ Date: ~ Docket: DSite/sketch plan D Conceptual Development Plan Dphoto DPlat Dlmprovement plans DDesign review project description DFloor plan DOther: BITTER LAW OFFICES 485 LOCUST STREET DUBUQUE, IOWA 52001-6940 JQseph J, Bitter' Thomas A. Bitter Office: 563-588-4608 Fax: 563-588-0103 Residence Joe: 563-582-1768 Tom: 563-582-7545 . Also licensed in Illinois Client parking in rear January 31, 2006 Zoning Advisory Commission City of Dubuque City Hall 50 West 13th St. Dubuque,IA 52001 RE: North End Wrecking/Roger Kunde Rezoning Request Now Scheduled for Wednesday, February 1,2006 Perhaps you have had an opportunity to familiarize yourself with the smash Broadway stage play written by Roger Kunde entitled "A Funny Thing Happened on the Way to My Rezoning". We appeared before you on December 7, 2005. Prior to that time, we submitted to you a written proposal dated December 5, 2005. 1 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 1, 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 eliIl!inated. 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. _)t>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~ 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 Off~e: 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 13d, 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. Hilmilton 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'rs, JJB/km(6) Ene. cc: JClff 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 lmge number of other possible uses, some of which were obj ectionable to him. We assured him that Mr. Kunde will never use this property for any of those other undesirable purposes. He appeared to be completely satisfied by that, and again we reiterate that he was not opposed to the rezoning for the purposes of a salvage yard. 5. The Zoning Commission wanted Mr. Kunde to agree to certain restrictions. Those restrictions were in our opinion very reasonable and Mr. Kunde agreed immediately to abide by them. Laura Carstens prepared the memorandum which Mr. Kunde signed immediately. The conditions are: The Honorable Mayor and Members of the City Council October 17,2005 Page 2 a) Maintain the existing vegetation. Mr. Kunde intends to do this and in fact has planted other vegetation in the form of fast growing trees which he hopes will screen the property even better than it is now screened. There is very little residential property within a reasonable distance, and Mr. Kunde will screen the fencing and vegetation 10 the satisfaction of the City. We believe that in dealings with the City staff in the recent past, he has shown his best intentions and that he is a man of his word. Mr. Kunde does not intend to remove any natural vegetation which will allow the few residences within 300 feet to view the salvage yard. We agree with the Staff report that states that "the proposed heavy industrial area is physically well separated from adjacent residential land uses." The City's concern that if the natural vegetative buffer is removed during development, the yard may be more visible to residential areas which, are in fact, quite some distaiJ.ce away. Mr. Kunde intends to lower the grade of the property at least six feet or more which will greatly reduce its visibility from the outside. North End Wrecking is so welled screened from the outside that many people are not aware of it, and very few people are aware of the salvage yard located behind the office building. b) No salvage material should be allowed south of the tree line. Mr. Kunde agrees. c) No buildings should be constructed on the prop,erty. Mr. Kunde agrees. 6. This property will be surrounded 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 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 52001'8940 Joseph J. Bitter' Thomas A. Bitter Office: 583.588.4608 Fax: 563-588.0103 Residence Joe: 563.582.1788 Tom: 563.582.754E . Also licensed in Illinois C[jentpandnginrear October 31. ::005 RE: Zoning Appeal on Property Owned by North End Auto Wrecking, Inc. NOl1h End AulO Wrecking. Inc and Roger Kunde. the Principal and President, owns approximatel~r' In parcels orrenl eS[111e slllTouncling [he hllsincss (,1l1il~!;'-ll o;.~ \\1 3~lId StrcCI in Dubuque, Iowa. Nonh Ene! Auto Wrccking, 111C. has conclucted business :It this locltiun in excess of ~(I years. The bllildinfs of this corpormion arc localed "n the 1e\",1 "reil ol'land il;1mediately adjacent to W. }2'" Street. ' Nonh Ene! Auto \.Vrccking, Inc. is ill the business oJ'purchClsing. recycling. and resdling llsed autos and auto pans. The husiness purchascs wrecked or disabled automohiles, strips them 01' their usahle pans. then crushcsthcm and disposes ofthc rcmaining body ot'lhe cal.to be usee!I'or scrap. The salvageablt' parts are kept and inventoried by a cOlnputerlor resale. This process makes itneGessarv I()rthe vehicles 10 be, stored for a p(,riod of time while the pans ilre being taken off and the vehicle is being dismantled. The Dubuque Planning & Zoning Commission quite recently has unanimously recommended rezoning ofa portion of this propel1y, previously zoned R-l, The Zoning Commission unanimously recommended rezoning of the propel1y to H-L The matter then came before the City Council \vho unanimously accepted the recommendation and approved the rewning 10 II-I. Roger Kunde now seeks to rezone ;Ippm\imately '-.7) additional acres 10 1,1-1. Thi, property is needed fl)r his husine". The propel'lv is located behind the bllildings "nd un property to the N011h. The pJ"\)pC'rl\- is SUI'I"(lUI1Clt.lI ()!llh!'i.:'C' sides h\' [-1-1 pr(ljWnV Il()\v hcillu. usecl hy Nonh End . . . . AulO \Vred:i!l~. Inc In till'ir hllsint..'ss. On tIlt" SOlll1l ~;i(k. 1 ilL' prnpt'l"lV IS ;ldpKL'J1lln propcrtv owned b)' the Cilv ,dTllihuque. Tile eit\' ul' Dubuque propeny t".(1I1I, \\1 .1:"'" Street, "nd . consists of empty land plus some houses thm have heen purchased for desmlclion so as to make way for tbe W. 32"" Street detention basin The request to rezone excludes a strip of ground around the North perimeter of the propel1y, 100 feel in width. This property will remain agricultural. will he heavily planted in trees, and will serve as a wooded buffer zone between the salvage ynr" and Olympic Heights Road on thc NOI1h. As indicated l'Ise\\.here in thi, lL'tler, the Cit)' of DlI!llq.,c owns prOperlY!D the South, adjacent to W. 32,,,1 Strcet. and ilhlltring North End's pl"Ol)erty on the South. Not all of tile City's plT11~erry will be necessal'y I,)r tire detenti'''1 basin. Some oflhe P'"C'I'(,ny. that portion acljoining North October 3 I, 200:; Re: North End Auto Wrecking, Inc. Page 2 End, may be available for North End to purchase or lease ti'om the City for their salvage yard. We have met with the City Manager and statT: and the Manager has indicated a willingness to lease a p011ion of the City's properly to North End Illr salvage purposes. In return, the Gly 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 ofa rezoning request and the lease/purchase orthe unneeded Cily property 10 North End. The propel1y in question has been used as part of the salvage yard since 195:;. At that time, the propel1y was located within Dubuque County, but outside of the limits of the City of Dubuque. When the City of Dubuque annexed the property, it was incorporated into the City as agricultural. Because North End has been in continuous possession and use of this propel1y since prior to zoning, the propel1y may be "grand fathered" in any event. Nevel1heless, we make this zoning.request. We wish to forego any claim of prior inconsistent use (grandfathering). - - 1n the year 200 I, Roger Kunde purchased the shares or stock in NOI'th End Auto Wrecking, Inc. and became tlie principal shareholder and President ofNorlh End. He continued to operate the salvage yard in its same location. In OI'der tor Ihe salvage yard 10 be successtl!1 and prosper, il must grow, and the land in question appears to US to be a nntural use or the propel't)'. It is in fact, the only use to which the propel1y can be put for all practical purposes Since Roger Kunde became the Principal of North End in 2001, he has lowered the grade of the top of the hill signiticantly His plans call for further reducing the hill by between 6 and I:; feet. This will further reduce the visibilit), or the yard The City Manager and several staiTmembers have be~n to this property, some of them several times .I think they can vouc.b for the fac.t that Roger Kunde has clone a good job of organizing the yard, updating it, and keeping it as neat and clean as can be expected ofa salvage yard. Roger Kuncle 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 bas put in hundreds of feet of tile. We believe that tbe water runotTsituation is far better now tban at any time in the last 50 years. The property sought to be rez.oned runs 10 Olvrnpic Ileights "long Ihe North boundal'Y However, the butTer zone 01' 100 fe('1 need nol be r{?onecl nnd should remain in ngricullural This is the butTer zone that Ivill be planled heavilv in Irees and remain wooded The City of Dubuque has had concems in Ihe past "bout screening the. property ti'om the view of otbers, induding the few houses on Olympic Heights thai have any view of'the property. Roger Kunde agrees with the City's screening ptans entirely, h"staken substantial steps to scree.n and October 31, 2005 Re: North End Auto Wrecking, Inc. Page J has placed fencing along the Northerly boundary. line. He has planted evergreen trees so that the propel1y will have a thick, dense screen fi'om Olympic Heights. This process is ongoing, and Roger will continue to diligently screen the proper! v to the satisfaction ol'the City. This zoning request came hcll)re the Planning &. Zoning Commission in the spring 01'2004. The Commission unanimously approved the re7.0ning request, on condition that no building be erected on the sile. Roger I(unde ('.ollCulTcd wilh Ihis request. We believe thai one member 01' the Commission was absent We will submit a map showing the property which we seek to rezone, also showing the surroundiQg propel1y owned by the City of Dubuque and N0I1h End Auto Wrecking, Inc./Roger Kunde. We \vill be available to answer questions. . Thank you for your c.onsideration. JJB/km ~~~E ~<k~ Oty of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPUCATION FORM o Variance OConditional Use Permit OAppeal . OSpecial Exception DUmited Setback Waiver li1I Rezoning tJPlanned District OPreliminary Plat OMinor Final Plat []Text Amendment DSimple Site Plan DMinor Site Plan o Major Site Plan o Major Final Plat DSimple Subdivision DAnnexation []Temporary Use Permit DCertificate of Economic Non-Viability DCertificate of Appropriateness DOther: Please tvoe or olint leaiblv in Ink Property owner(s): North End Auto Wrecking, Inc. Phone: 563-556-0044 Address: 55 W. 32nd St. Oty: Dubuque State:--ILZip: 52001 jbJ-jee-U1UJ - 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. Oty: Dubuque State: 1A- Zip: 52001 jbJ-jee-U1U3 - Attorney Bitter Fax Number: 563-556-5097 Mobile/Cellular Number: 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 numberfblock number/subdivision): I nt 1 nf I nt nf Lot 1 of O~kwnnrl in thp rity nf nllhllqllP Tnw, Total property (lot) area (square feet or acres): 'i 7" ~rrp< Describe proposal and reason necessary (attach a letter of explanation, if needed): Sep ott~rhprl lpttpr CERTIFlO\TION: I/we, the undersigned, do hereby certify that: 1. The infomnation submitted herein is true and oorrect to the best of my/our knowledge and upon submittal beoomes public reoord; 2. Fees a refundable and payment does not guarantee approval; and 3. &litional ritten and ra ie materials are attached. Property ner(s): Applicant; Age . Date: /D~ 5/~D5' . 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 ODeslgn review proj~ description Date: OPhoto OAoor plan Docket: OPlat OOther: .. 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 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) NOTICE OF GENERAL PERMIT COVERAGE UNDER GENERAL PERMIT NO.2 STORM WATER DISCHARGE ASSOCIATED WITH CONSTRUCTION ACTIVITY This notice of general permit coverage for a 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), IowuAdministrative Code. A Notice ofIntent has been filed with the Iowa Depmtment of Natural Resources that this stOlID water discharge complies with the terms and conditions of NPDES General Permit No.2. Authorization is hereby issued to discharge stonn water associated with industrial acti vity as defined in Part Vlll of the Iowa Department of Natural Resources NPDES General PelIDit 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 lA 52001 (319)556-0044 Permit Coverage Issued To: NORTH END WRECKING, INC. 55 WEST 32ND STREET in DUBUQUE, DUBUQUE COUNTY located at -~~S~:tlonJ- se~~=Il-ITown~t:l~ -R~~::-1~LatllUdC I ------I~~-~-=~ - 0~lg]~a~ --j - - - - -- -1':. . : I -- ~~.- MO"""'j '""~-I-l ~MlIlu[c~ I sel,;l.)lld~~! SE-II NE.14 .l9N I 2E i i._ - ...~. - _ -- _._~___ _...._ _ .. 1_. I Coverage Provided Through: NPDES Permit Discharge Authorization Number: Discharge Authorization Date: 9/30/2008 10724. 10521 1/20/2006 Project Description: SITE DEVELOPMENT .FOR 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 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: Stann 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: PUBLIC NOTICE OF STORM WATER DISCHARGE I hereby certify that the public notice below for North End Wrecking of Dubuque was published in the paper on January 11, 2006. The Dubuque Advertiser is a publication with mass circulation in the Dubuque, Iowa area. The circulation exceeds 35,000 as proven by Circulation Verification Council, an independent circulation auditing firm. If you have any questions, please call me. Sincerely Greg Birkett General Manager PUBLIC NOTICE OF STORM WATER DISCHARGE North End Wrecking Inc. plans to submit a Notice of Intent to the Iowa Department of Natural Resources to be covered under NPDES General 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. 1/4 Section"!1 Township 89N. Range 02E. and N..E. 1/4 Section 14 Township 89N. Range OZE. Stonn water will be discharged from three point source(s) and will be discharged to the following stream: B-Branch Catch Basin to Mississippi River. Comments may be submitted to the Storm Water Discharge Coordinator. Iowa Department of Natural Resources, Environmental Protection Division, Henry A. Wallace Building, 502 East Ninth Street, Des Moines, IA 50319-0034. The public may review the Notice of Intent from 8 am to 4:30 p.m., Monday through Friday, at the above address after it has been received by the department. u <= ,se '- 0 <<:i 0 il ~ "" " of 19 ~ ........ g. ~ 0 o " '" ~ p.' .~ en U) ",0 0 ~ ~ '- ~" ~ ~ 0 "0 ;>; <= ._ :.... c:: "0 <= <=- ~ <= " '" <= 0 ~ p.""" "" <= U "'~ ro :::s..... .;!; 0 "'0 p. '" U " ",,0 Cfl 0"' Cf.I l1) / <= "'N W'" - 0~.E<=00 " g" 0..-::: U IJ) ;:j...... I-< g~1 <CD . ",,;oas.g .g 0..0'"' Z . E ~ 0 ~ ...~...c:: .g<J 0 ~Zci ... ~:9o~] 00 .... ti;c.:l ~ "2 ~ €1~ <8 z.2 . .. ....'" <J~ rJ1 <8 "" U ~:r: 25 .~ <= ""EO rJ1 ... ,.dugj~ "" '" g~ '-vol ..l <= Y <= .... g. 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Q!;(C115' as' CC1cr.:::Ic-O.,'5 Ol,)~:'Z'%rC7lS;=,;;u.9:~.9;.E'O""5~: Q;.Q).::t=Ll..l Q).; ~~~3:1~nl ~~<> :~l~:lli:;~l'fJ~'i E~!~~~ g!~~13~t,,~ ._ g~~;liiit:;!~c1lb~:~~~t~i~h ~13~::;;i~ &~ gj8~;i!;5:~1l lIIl-c.c1313e; ~cn ." ~ l!l>!:::: .~I~cn !i'ill"ll m~ E~ ~ !l-~'ilg~-"""~.,s,,, :"6!~: ,':.a~'~'1;r~'~' 8 g;2,>,.!..o'~s:~lSul.-'=. ~'.~,i.sgi-,=.o.5'e,cn~'IE~:-i:.~,:;i3.C;J ,.;".:zJ::~;~,~:~~~~,~.~~.i~~!~.~,~..,g:,n.i~;~,~,~:~o.'~;~'eg~~,1:~';,"'; ,,,..tc. ~.. '-";",":,''''',.;'':i. .~.,;!',,,~i:.~,.:i,;!'Tr".""'''''''''''''''"''" t;.. >1;,,''''0----- "' ~~~E ~<k~ City of Dubuque Engineering 50. W. 13'h Street Dubuque, IA 52001 (563) 589-4270 (563) 589-4205 FAX January 31,2006 Mr. Roger Kunde North End Auto Wrecking 55 W. 32nd Street Dubuque, Iowa 52001 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, [)vt1?~~ Deron Muehring, Civil Engineer Cc: Gus Psihoyos, City Engineer Kyle Kritz, Associate Planner "'C E Q) ~ "'C 0 ~ C 1 ..... 0 I~~ C '+- m N W ~Q) Q) ..r::. Q):C c::: ~ Q. 1:: .... 0.- Q) 0 Q) 0:C ..c ':::~ f co z Q) ..... 0 ..... 0 O;:J :E -- .... c..... Q) en .... k~ "'C Q).... m C "'C Co!:! Q) ~ ::J C 0.lJ ..... ~ N N III <( ('t) Q)O_ .- ..... .....Oej III "'C C Q) ~ 0- 0- :!:: Q) OJ I-m..... E III ..... .... .- 0 ::J o!!1 0 0 c::: L() i:::-;O 0. L() ~ 0 .- > .;..; OJ 00- ..... C C C :.p 'C .~ 0 c... mo- o .9- C) ~ <1z oi3 +=' ..... <( III I =Q) m o ::J m ........... 1IlC)"'C ........... c...... 0 ........... ........... ~$ 0 Q)<(c ........... ........... o - ........... ....J ........... . . . . . . . . . . . ~ I .:- >~l~1 I ~' I .:~ r 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 level area on top and heavily wooded bluff that slopes down to the Olympic Heights Road right-of-way. Concurrence with Comprehensive Plan: Goal 3.1 of the Land Use and Urban Design element states, 'To promote retention of existing industrial property." Goal 4.1 states, "To protect and preserve existing open space." Goal 6.1 states, 'To promote a compatible mix of land uses." Goal 6.2 states, 'To buffer and protect incompatible uses from each other." Impact of Request on: Utilities: Existing utilities are adequate to serve the site. However, erosion control measures must be taken to prevent runoff and erosion on the northern slope of the property that drains onto the public right-of-way. Traffic Patterns/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 Street Page 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 12-foot 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 Adl.1sory Commission review Sections 6-1.1 regarding criteria for granting a rezoning. Prep,,,,, by' ~f"'''-'''i- ""Ow"'" j1' 1 ~I" I/o Z<(. 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 RoadlHawkeye 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. Y4->< tII~ Dan McDermott McDermott Brothers Construction .. 00. 00. w.,w ~ E-- <z ~~ 00 """"u ~~ O~ ~o E--~ <=:l E--~ oo.~ z o .... f-< - ::l '" 0 ;;> C,)...t::_ .fl.=: Cd'o u ~ "" s~..8.B <3 (l) 4-.. .... <=I 50s - 0.0 Q) ;... u:i'~ ~ (l) c:: 0 ....... 0. o M ell cd ".g (l) "'0 fE"N ug<<=I~V) '2 0. '" '" . ::soo<IJc::('l") '" ~ &--0;;;:; :;:; (l) ;::::1'- lZl E c:: ~ ~.- o I:'d :::l C Q) U"", 0.- e!l '"O";3~'"Oro ;...;... 0 Cl)"5 '" '" >>..<=1 .g::r:"Ell] 0....1::: ;:i,.r:; ....... ~ ~8 ;~ '"'" Q) a;"' ro..d <8Q)::l~~ ..I< t-- !5 '" 0 '"'" OJ.D.~ <.,=i U"'-5~o] ~ ~ I:: cd OIl 0 <...., --0 . c::;...oQJ\O .- CI) >-...d 0 :::::..d.......uo .- tr.l.- ro c:o;.::::U:j:jM ro~ 0.> cd""; 1~. .~ ~ ~ 1 ~..]-;;S > d .;!3Q" (l) 2'-..... ~ C:Oo.gi.. _"' u p.. u "'0 cO ~ o - >: g o U '" t~1 00 I-<M <8 --0 S .S .;l ~ i ~ - ~.~ s 0 '" I-< >> <8 '" ",--0 ~ o .; ~ ]'<) 'C ..... u '" .g] 00_ ) oJ ~ o - >: g o U '" ::l cT ::l .g o I-< <8 --0 S <=I .- .;l :g ~ c '" - o Z "''''!!! "'"'", i:;:1;'" :f......,..: '" ~ . LU2ffi ~~~ W:r.~ ~ eLli .0 . :x=iQE = E >-"Eo "'E'"' <0>- ~o:l ....u. '~'" ..;" .. " ." . . '."... ....' ~. c( @~Cll~1!E.86.i;~~1iiQj!h~~-g~:,o~~~g d>c:,.sQ5.D oi;'ig~ E~~ffi~liig~~ ~w~Ou~~;~i<O~~g~o~~wO~~;~~~ :~~~~ ~~~~~ ~~~~~~~0~O ~~~~~E~~g~~~2s~~~~$~lii~8~O>~ ~~~~o ~S€5Cll E~~M8B~j~~ ~O~~5Cllm8~oo~2o~~c~~m5~O-E~~ egEOe ~_Cll5~5m m_~ - u~ az~.6 Oliilii~<(.c illr::l~O g.~] ~g.~~ ~ ~6 >.iii E.... ~_Vl.;::; ffi1ii~8:O~-: ~ ~ ~ 5~~:~~!!! i~~6~~~~~~~~~oai9~~~~i8~~~~oE 8~~~~ E~~ffi~Q~~g~~~~~~B",~~ ....__ 3:;::C'~~ _....... en::..... III -~o _ .oJ:J-1Il ~... ~CI:lQ)~WIllO '<D~ ~ ~~~~-f ~-5:3i Q):(~.g ~U"J(!)I CI:l~ ~.:C\l.~~ ~ c ~ CI:l ?;~~ ~;~ ~ ~~~ ~ O-CI:l-€~ >-~g ~lL 0 o~~o--gu~~u~~~~02~~SuQ)~g~~!!!~en~~~E6~i~u~~~~~~~~CG <D~~ ~ ~ _~~u~~o~~gQ)~CI:lE-~enQ)~ ~~~E~~~c .o~_~uen ~c~~~~ roB~~ M 0- Z~O~oC~<DOQ)CI:l~>-~o~~o~o~~cE~o ~o~~u~~~Q)Q)~<~~O~~~~OQ) ~ _00-_ OIJ...(') U o-c 0-.0 Q)J=~ocr>o <:l:I (f) 00-0.1::. 01';:::_ 0= O-Ql.o.o (f) O-(f) (f).o___~' . ~ 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". fu!:J~Eem;n L~~mpdlts ;t!]//1 6~:~~Ht ~ A "AtAU~ 11Gu-i<t'j- H ~ "~\ ~,~-A .L-;-t::&:oHP.u:~'if: H tJ /Lx;/ ,~,4., &l) HR<.LttzJl t-~ (~, i lA." , ~ 1,', ',' .10 1l1D t1l.J\))l'1l1'. .. !:---' ,-^-,'~'-- -(7L,,,,>nVYl1..--"'''i ~~ ~02.~I-W0 tffS' f c~"'ivi ()\~f)\pC HtJ ~--..21 ~':-J);~ ~.:>oo O~1i. H~, Je'; i'1j.' t()IA<;'(~~ ( 4850J:jmpiC' /-Itj J7/ ,\f1 . ,-/n:OI Hts ,UV}/.)LvC I ,.,C<1 )).'\ 0() ~ ' , ;~~J..i) i\<.-UALf ,-/%5 OLyrupn Hg<v W'~~,{J -;1f?~~0 . %4L~liWIl. H\::>, I '1:1\ , '"J .~.;/ ~~ '7f~ 3J7L'~Il1p'i Ut, f~J !3tp. '3V76~O]pi His 2, t~, ' :~(~ft,f:t~:j'li I I .', .-/ <tJ..J; '(j~~ 'I) J/; (;7. ~ i! Jlt u~: '~-v7.-R iJ~.~,gl,?([JY~ .~ '" - ~-r~tLP/i 7A.<-r0 P }I;oJlrfl1/r~.~ 'I ,'! ] >e '! '5 "";0-<> 0-v""'''wJ.-1 >1, 't'1Af-'-c /{P5 // /y' ... AM>1'1 f! af(J.~ '~'I\, OJI\\fJ( listt; (\,I>j :~~~___ '$ <''&,,, "'^(' '" t-..b ;-J:'0'~~/"/-/ /;// /~ ,; February 8, 2006 The Honorable Roy Buol and City Council C/O City Clerk City Hall" 131b St. Dubuque, IA. 5200 I Honorable Mayor and Council: RE: Rezoning by Roger Kunde a.k.a. North End Auto Wrecking of parcels on West 32m! 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 of a 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, Qadi 9: C44<-td Paul 1. Uhlrich 480 Olympic Heights Rd. Dubuque,IA. 52001 Encl: Letter dated September 8, 2004 NOV-29-2005 TJ:: :)3: 28 p~ DBQ, ~ I T't CLERK FA~ ~C, 563 589 0890 P. C2 ..::. t .~. . :v.::;'-7'7. /f,'/~' ': . . '-~ ~8. ZOO4 The HonarIIIIc Mayor IIIlI City Council C/O City Cledl: City Hall 13. Streit Dubuque, IA. 5200 I lAdiea lIIId Gcademea: RE: f'alll!iDlI by ao... Kunde ..k.. Nolth End Aulo WrllCtiD& ofpan:els 011 West 3%'" St. &om R- J. Relidenlial to Heavy Induslrial. lam Itroapy oppoMd to tile lWIOIIirw oflllil belUlilUl.. divilioo 011 !be bIulf rlave no objec;tiOCl to the pr_ ~ _Iba _ ..-.II1.II....cI ill -1onI be __;ft.." to IlUbIiIla . ilurm IIIlIIOCUrity ~ previouIly p....cI mIIiD8- SinI:e, he bu pun;bue4 . property with dac &IIO\Wd ithat oflll.lldi.. . rMd_. Ifa_ he Ita lltwed tbls property with allUlDber otwrecbd euecaoIIilel. This is in direcl violation ortlle City of Dullllqllt',ae.idendal-w., ~. He hu tried to open a tcnp y..4 011 JuI.. Dulluque Drive wbic:Il you l1lmed down. ThiI .... ClOt Tbirty MC01ld Ilreet is . MJCh _ ftt Iocalion fbr AIIld-ljol zoniaa than tile old U S Chemicli plant_ I lII'plhs1 you clec;liae hiJ request 10 _e thia bauliflill'llllidePtial &lid I8Jil;ullural .,.. TbaIIk you, CP~# /ALIkI Paul J. UhIricl1 49 0Iy!Dpic IJeitIU Ro.d. Dubuque, 10_ 5ZOOl. 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. jI~.. tfJ ~~~ Dan McDermott McDermott Brothers Construction ...'. BITTER LAW OFFiCES 485 LOCUST STREET DUBUQUE, IOWA 52001-6940 Joseph J. Bitter' Thomas A, Bitter Ollice: 563-588-4608 Fax: 563-586-0103 Residence JO':563-582-1768 Tom: 563-582-7545 . Also licensed in illinois Client parking in rear January 31, 2006 Zoning Advisory Commission City of Dubuque City Hall 50 West 13th St. Dubuque,IA 52001 RE: North End Wrecking/Roger Kunde Rezoning Request Now Scheduled for Wednesday, February 1,2006 Perhaps you have had an opportunity to familiarize yourself with the smash Broadway stage play written by Roger Kunde entitled "A Funny Thing Happened on the Way to My Rezoning". We appeared before you on December 7, 2005_ Prior to that time, we submitted to you a written proposal dated December 5, 2005. I enclose a copy for your easy reference purposes, On December 7, 2005, it was our impression that your Commission was unanimously in favor of the rezoning request for the 3.9 acres of property which North End Wrecking seeks to rezone from Ag to Heavy Industrial. At the December 7, 2005 meeting, some of the members of the Commission expressed concern over whether or not Mr. Kunde would need a discharge permit. It was suggested by your Commission and readily agreed to by us that the meeting be adjourned and the rezoning request tabled until a later date so that we could make inquiry as to whether or not a discharge permit is required, and if so, the additional time would allow us to apply for and obtain that discharge permit. Mr. Kunde and his assistant, Mr. Steve Simon, feeling that your concerns were legitimate and should be addressed, made prompt contact with the City of Dubuque to determine what permits might be necessary, and how those permits could be obtained. They have worked closely with City staff, and we enclose a letter dated December 29, 2005, from Deron Muehring, Mr. Muehring is the staff member deemed most qualified in this particular area. A copy of the December 29, 2005 memorandum is enclosed. Further, at the time this letter is dictated, we are expecting to receive a follow-up letter from Deron Muehring stating that there is no problem with erosion and water runoff, and the amount of discharge is well within recognized tolerances, Perhaps if his letter is received by us by the time this letter is typed for presentation to you, we wiil attach a copy, In any event, we are sure that you will receive a copy in your packet of information to assist you in your deliberations. Zoning Advisory Commission January 31, 2006 Page 2 It is my recollection that the only issue that concerned the Commission on December 7, 2005 was the water runoff and the possible need for a permit. However, the City staff has been working with Mr. Kunde and Mr. Simon. Mr. Kunde and Mr. Simon were told who to contact in Des Moines, and they promptly followed up and contacted Mr. Joe Griffin with the Department of Natural Resources. Mr. Griffin suggested and required that pursuant to Iowa law, a notice be published in two separate newspapers of general circulation in Dubuque, Iowa. That notice has been published, and part of the packet that you will receive from us shows compliance. Enclosed with our packet you will also find the two page storm water discharge permit issued by the Department of Natural Resources, under Permit Discharge Authorization No. 10724-10521. The City staff has also suggested that in order to assure friendly relations with the neighborhood, certain restrictions be placed on the approval to rezone the 3.9 acres. Those'restrictions are as follows: 1. The work activities on the 3.9 acres will be restricted to 8:00 a.m. through 5:30 p.m., Monday through Friday, and 8:00 a.m. to 12:30 p.m. on Saturday. 2. No building will be constructed or moved onto the 3.9 acre parcel. 3. The baler and the crusher will not be located on the 3.9 acres. In fact, Mr. Kunde has plans to construct a permanent base quite some distance to the south and east on other property that he owns. The baler and crusher will be located together on that pad. This will give significant distance between the baler and the crusher and any residential property. 4. Mr. Kunde will construct a fence and/or berm along the northwest corner of the property to be rezoned. Construction has been started, and will be completed as soon as possible, but not later than January 1, 2007. While the construction of the fencelberm is in progress, and until it is completed, Mr. Kunde will not place or allow any cars in that northwest corner at any point where fencing and the berm have not been completed. This is so that neighbors need not view cars. Naturally, when construction is completed, the possible complaints about cars being visible will be eliminated. In addition, Mr. Kunde is in the process of constructing a fence along the northeast side of the property. Presently, he is filling in along the perimeter in the northeast corner so that the berm can be constructed. This will be completed by the year 2008. ~1r. Kunde and tvfr. SinIon will be present at the meeting to allSvver any questions. VvTe 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 52001-8940 Joseph J. Bitter* Thomas A. Bitter Office: 563.588-4608 Fa, 563-588-0103 Residenc Joe: 563.582.17E Tom: 563-582-754 'Also licensed in U1inois Client parking in rear December 5, 2005 Planning & Zoning Commission City of Dubuque City Hall 50 West 13th 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 bim that a salvage yard was tbe 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 tbe 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 tbc letter that I wrote to the City Council for the previous rezoning whicb was approved . Planning & Zoning Commission December 5,2005 Page 2 Thank you for your consideration. Very truly yours, Jq;:~ JJB/km(6) Ene. cc: J~ff Stiles, Chair Eugene Bird, Jr., Vice-Chair Martha Christ, Secretary Richard Schiltz Stephen Hardie Ken Bichell Ron Smith BITTER LAW OFFICES 485 Locust Street Dubuque, Iowa 52001 Joseph J. Bitter * Thomas A. Bitter * Also licensed in Illinois Phone: (563) 588-4608 Fax: (563) 588-0103 October 18, 2005 The Honorable Mayor and Members of the City Council City of Dubuque Iowa Re: Roger 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 ajob as can be expected ofa salvage yard. The staff has been there numerous times and some of the members of the council have been there. 2. The Zoning Commission unanimously approved the rezoning request. 3. There is absolutely no other use for this property. It could never be used for any purpose other than undeveloped land, if not used as a salvage yard. 4. At the Zoning Commission there was one person who appeared who expressed concern. This is a young gentlemen who has recently moved on to Olympic Heights. We spoke with him at length after the zoning meeting, and he was very favorable to Mr. Kunde. He told us repeatedly how he was not opposed to expanding the salvage yard. His only concern was that the zoning requested could produce a large number of other possible uses, some of which were objectionable to him. We assured him that Mr. Kunde will never use this property for any of those other undesirable purposes. He appeared to be completely satisfied by that, and again we reiterate that he was not opposed to the rezoning for the purposes of a salvage yard. 5. The Zoning Commission wanted Mr. Kunde to agree to certain restrictions. Those restrictions were in our opinion very reasonable and Mr. Kunde agreed immediately to abide by them. Laura Carstens prepared the memorandnm which Mr. Kunde signed immediately. The conditions are: The Honorable Mayor and Members of the City Council October 17, 2005 Page 2 a) Maintain the existing vegetation. Mr. Kunde intends to do this and in fact has planted other vegetation in the form of fast growing trees which he hopes will screen the property even better than it is now screened. There is very little residential property within a reasonable distance, and Mr. Kunde will screen the fencing and vegetation 10 the satisfaction of the City. We believe that in dealings with the City staff in the recent past, he has shown his best intentions and that he is a man of his word. Mr. Kunde does not intend to remove any natural vegetation which will allow the few residences within 300 feet to view the salvage yard. We agree with the Staff report that states that "the proposed heavy industrial area is physically well separated from adjacent residential land uses." The City's concern that if the natural vegetative buffer is removed during development, the yard may be more visible to residential areas which, are in fact, quite some distance away. Mr. Kunde intends t'O 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,orty. 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 52001.8940 Joseph J. Bitter' Thomas A. Bitter Office: 563.588.4608 Fax: 563.588-0103 Resident Joe: 563.582.171 Tom: 563,582.754 <Also licensed in Illinois Clienlparking in rear October 31. :200S RE: Zoning Appeal on Propel1y Owned by North End Auto Wrecking. Inc, NOl1h End ;\uIO Wrecking, Inc, and Roger I<unde, the Principal ancl PresidcllI, o\vns appro~inlClt(,:I~.' In parc-ds ofrenl eSlnlC Sltrrnunclin!2 the husiness ('nlil." ,"II ~~ \\1 Y211d Slrccl in Dubuque. Iowa, Nonh Ene! '\uIO IVreeking. Inc, Iras conclucled busincss "llhis IOc:llion in excess or~() years, The buildin~s oflhis corporal ion arc located "n 111(' I(:\'el Ilre:1 of land immediately ildjilcent to W, ]2"< 'Strect. . . Nonh End Auto \\'recking, Inc. is ill the business ()j' purch8sing. recycling, and rese!lillg used autos and allto pans. The business purch:'lscs wrecked or disabled automohiles, sll'ips them 01' their lIsahle parlS.lhen crushcs Ihem alld disposes of the rem"ining body ol'lhe cal'lo be used Ii)!' scrap. The salv"geablc pans are kcpt and invcntoried by a computer for 1'(,sltle. This process makes ilnecess"rv [()J' Ihe vehicles 10 [", sH,red for" period of lime while thc pariS ilre being taken ol1'''lld the I'chicle is being e!isllwntled. The Dubuqlle Planning & Zoning Commission quite recent]y has unilnimously recommended rezoning ofa p0l1ion of this propel1y. previously zoned R-1. The Zoning Commission unanimously recommended rezoning of the propel1y to H-1. The matter then came before the City Council \vho lInanimous]y accepted the recommendation and approved the re7.0ninglo 1-1-1 Roger KlInde now seeks to rezone appro\imately ':>.7.' additional an>:" 10 1,1-1. Thi, ploperly is needed fe)r Ilis hllsiness. The pmperlv is localed behincllhe bllildings lInel on propel'll' 10 Ihe NOlih. The pl"l)))C'1"I\" is Sl!JTOUl1ckd ()Jl !!lrcc ::;ides h>' H-I propen~,' I1Cl\V h('ill~ llSlX! hy i'!nrth End AUIO \Vreckill~. [Ill' in lil"::lr hllsinr....-;s, Oil tilt SOllll1 -;ic!c. lilt:' prClpt~l'lv IS :H!pCC'1l1 In properly owned by Ihe ('itv ,>/' !Jtdlll'ille Tile (,il\ 01' Dubll'illt' pm!,e"I\, li'onls IV 32'''' Slreel. line! . consists of emplY land plus some houses thar have heen pllrchased fe". deStrllelion SO as 10 make way for the W, 32"'1 Slreet delention basin The request to rezone excludes" strip ol'ground around the Nonh perimeler of the propel1y, 100 feel in widlh, This property will remain agricultural, \,vill he heavily planted illlrees, and will sCI've as a wooded blll'fer zone between the salvage yard and Olympic Heighls Road on Ihe NOI'lI>. As indicated l'lsc\\'herc ill thi~ klier, lhc City of Dllhuq:.ic OiVl1S propc1'!Y!O the South, :Hijaecni to IV. J2,,,1 Slreet. ane! 'Ihlllling NOl'lh End's propel'll' on Ihe SOllrh NOI "II oflbe City's properly \vill be neCt'ssary f{)1" the cll'lentinn \)8:-;iI1. SOJnl' oClhe' prOpt~l.ty. lh?il pnrtinl"l adjoining Nurlh October 3 I, 200'; Re: Nonh End Auto \\lrecking, [ne. Page 2 End, may be available for North End to purchase or lease Il'om the City for their salvage yard, We have met with the City f\1anager and stall and the Manager has indicilted a willingness to lease a pOl1ion of the City's propeny to North End Itlr salvilge purposes In return, the Gly or Dubuque waIlts and needs some of North End's propel1y to cnnstruct a milcl arnund the detention basin. Nnr1h End is willing to accnmmodate the City as pan nfa reznning request and the lease/purchase nl'the unne~ded Cily prnpeny 10 Nnrth End, The propel1y in question has be~nused as parr of the salvage yard since 19';5. At Ihal time, the propel1y was Incated within Dubuque County, but outside of the limits of the City of Dubuque. When the City of Dubuque annexed the property, it was incorporated into the City as agricultural. Because North End has been in continuous possession and use of this propel1y since prior tn zoning, the propel1y may be "grand fathered " in any event, Never1heless, we make this zoning:request. \lie wish to foregn any ~Iaim nfprior inconsist~nt use (grandfalhering), In the year 200 I, Roger Kunde purclws~d the shares or stock in Nnr'th End Auto Wr'ecking, Inc. and became the principal sharehnlder ami President nrNnrth End. He cnIltinuedln opel'ate the salvage yard in its same location. In order ror the salvage yard to be suceessl(JI and prosper, it must grow, and the land in question appeill's tn us 10 be a natural use nfthe propeny. II is in tfIct, the only use to which the prnpcny can be put for all practical purposes. Since Rnger Kunde became the Principal of NOl1h End in 2001, he has loweredlhe grade of the top of the hill significantly. His plans cilll for further reducing the hill by Iwtween 6 and I ~ feet. This will tllrther reducl' the visihility orlhe yard, The City Manager and several stafr members have been to this property, some of them several times. I think they can vouch for the fact that Roger Kunde has done a gond job or organizing the yard, updating it, and keeping il as neat and clean as can be expected of a salvage yim!. Roger Kunde has been a gnod citizen and intends to continue in this traditinn. Roger Kunde has taken substantial steps at his expense to re-route the flow of the water fl'Om 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 Ihe last 50 years. The property sought In be r('znncrl i'irns 10 Olvmpic IleighlS idong the Nnnh boundMy. However,lhe buf1'er 7Jln~ "t' IO(J feclnceclnllt be r(:Ioned and should rC'lmin in ilgricullural This is the burrcr zone Iha! will bc' plilnlcd hcm'il\' in trees and remain '.Ionrled T'le r'lt" ~1'''I.t'''"lle' '1"" '1"" "OMO""" 'I" <I'e I'''S' "")1" """0''':'1'' "1" "'''I'.r'I''''I'''ll1 'I'e II'e" c" J \....- Y U 1.I1 lUll' J (I:> I (Ill 0.., 111..>:11120 II L1J .I(\,l (llI\ Il ~vll;;.CIIJJ.=, (I C 1.)I\))l;.. ) I U l!~ I":\.v }[ other's, inc.luding the lew bouses on Olympic Heights that have any view nfthe property. Roger Kunde agrees with the City's screening plans entirely, has taken substantial steps tn screen and October 3 J, 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 l1'orn Olympic Heights. This process is ongoing, and Roger will continue to diligent Iv screenlhe properlV to the siltisfact;on of'thc Cily. This zoning request callle before Ihe Planning & Zoning COlllmission in Ihe spl'ing of2004. The Commissiol1unanirnously approved the re7.0ning request, on condition thai no building be erected onlhe sile. Roger I(unde ('.oncuITc~d with Ihis request. We believe I hell one Illcmber of the Comlllission was absent We will submit a map showing the property which we seek to rezone, also showing Ihe sUITOlllldi')g pmpel1y' owned by the City of Dubuque and NOl1h End Auto Wrecking, Jnc.lRoger Kunde. We will be available to answer quesiions. Thank you for your consideration. JJB/km D~~E ~ck~ Oty of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPLICATION FORM o Variance DConditiOl1al Use Permit DAppeal . DSpedal Exception DUmited Setback Waiver WRezoning TIPlanned District OPreliminary Plat OM/nor Final Plat OText Amendment OS/mple Site Plan OMinor Site Pian o Major Site Plan o Miljor Final Plat OSimple Subdivision DAnnexation DTemporary Use Permit DCertificate of Economic Non-Viability OCertlficate of Appropriateness DOther: Please tlloe or orint leaibJII in Ink Pnopertyowner(s): North End Auto Wrecking, Inc. Phone: 563-556-0044 Address: 55 W. 32nd St. Oty: Dubuque State:-.ffi....Zip: 52001 ~bj-~ee-OlU3 - Attorney B, tter Fax Number: 563-556-5097 Mobile/Cellular Number: 563-590-1652 ApplicanVAgerit: Roger Kunde, Pres i dent Address: 55 W. 32nd St. ~bj-~ee-Ol03 - Attorney Fax Number: 563-556-5097 Phone: 563-590-1652 Oty: Dubuque B itter Mobile/Cellular Number: State:-1LZip: 52001 563-590-1652 Site location/address: 55 W. 32nd St. Existing zoning: AG Propos..<>d 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 OakwoorJ io thf' r:ity of Dllhllqllf' Tow" Total pnoperty (lot) area (square feet or acres): "7" "rrf'~ Describe proposal and reason necessary (attach a letter of explanation, if needed): SeA att"rhf'rl If'ttf'r CERTIFICATION: I/we, the undersigned, do hereby oertify that: 1. The information submitted herein is true and oorrect to the best of my/our knowledge and upon submittal beoomes public reoord; 2. Fees a refundable and payment does not guarantee appnoval; and 3. All tlditional ritten and ra Ie;: materials are attached. Date: IDr 5!~{)S- Date: seph J. Bitter, 485 Locust, Dubuque, lA, 52001 -Phone: 563-588-4608 FOR OFFICE USE ONLY - APPLICA nON SUBMrIT AL CHECKLIST Fee: Received by: OSite/sketch plan 0 Conceptual Development Plan OImpnovement plans ODesign review proj~ do...scription Date: o Photo OFloor plan Docket: OPlat OOther: vv~ DEPARTMENT OF NATURAL RESOURCES THOMAS J. VILSACK, GOVERNOR SALLY J. PEDERSON, LT. GOVERNOR JEF'F'REY R. VONK, DIRECTOR DEPARTMENT OF NATURAL RESOURCES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) NOTICE OF GENERAL PERMIT COVERAGE UNDER GENERAL PERMIT NO.2 STORM WATER DISCHARGE ASSOCIATED WITH CONSTRUCTION ACTIVITY This notice of general permit coverage for a 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. 1342(b)), Iowa Code 455B.174, and subrule 567--64.4(2), Iowa Administrative Code. A Notice ofIntent has been filed with the Iowa Department of Natural Resources that this storm water discharge complies with the terms and conditions of NPDES General Permit No.2. Authorization is hereby issued to discharge stonn water associated with industrial activity as defined in Part VITI of the Iowa Department of Natural Resoun:es NPDES General Permit No.2 in accordance with the telms and conditions set forth in the permit. Owner: ROGER II. KUNDE NORTH END WRECIGNG, INC. 55 WEST 32ND STREET DUBUQUE lA 52001 (319)556-0044 Permit Coverage Issued To: NORTH END WRECIGNG, INC. 55 WEST 32ND STREET in DUBUQUE, DUBUQUE COUNTY located at f.. . "::~:'.I~:~t~~l:: Latilude ~--~---_. -~~lglludc ---~-~ Degrees -~~lc:-rj Seconds t' D~ir;~;' 'I -MlHu{~,:-;-TSe\..olld~\ ~ '---.' ----, , - 'n_ --- _ I -- I --, .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 FOR THE STORAGE OF SALVAGED CARS. LESS THAN 1 ACRE. WALLACE STATE OFFICE BUILDING 1 DES MOINES, IOWA 50319/515-281-51451 FAX 515-281-8895 " DEAR STORM WATER DISCHARGER: Weare using the following contact person and address for correspondence relating to the storm water discharge genera] 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. Mai] changes to: Storm Water Coordinator Iowa Department of Natura] Resources 502 E. 9th St. Des Moines, IA 503] 9-0034 DNR Permit Number: IA - ]0724 - ]0521 Contact Person: ROGER H. KUNDE Contact Address: NORTH END WRECKING, INC. 55 WEST 32ND STREET DUBUQUE, IA 52001 Telephone: (3] 9)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 Intent \0 the Iowa Department of Natural Resources to be covered under NPDES General Permit No.2 for "Stonn Water Discharges Associated with Industrial Activity fOf Construction Activities," The stonn waler discharge will be from storage of salvaged cars located in S. E. 1/4 Seclion 11 Township 89N. Range 02E. and N. E. 1/4 Section 14 Township 89N. Range 026. Storm wlIIer will be discharged from three poinl source(s) and will be discharged to the following stream: B-Branch Catch Basin to Mississippi River Comments may be submitted to the Storm Water Discharge Coordinator, Iowa Department of Natural Resources. Environmental Protection Division, Henry A. Wallace Building, 502 East Ninth Street, Des Moines, IA 50319-0034. 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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 GRANDVlEW ESTATES LLC NORTH, JUSTIN KKlRBY,ANGELA NORTHOUSE, ROBERT F & JANET C NORTHRUP, CHARLES CJR & JANE NORTHRUP, RITA M NORTON, CLARENCE L & DIANNE M NORTON, CRAIG 0 NORTON, DAN N & ZIEMAN, AMY B NORTON, DR TERRENCE J JR & freviou: I Next I ~QK I ~Startl .. ~ ~ iSil 0 .. SPa/eel. Profile 'I: $ ~,"I I~ <ilo Add Noles l.i ,'" ~av.. I ~ Calc ---- b1 Photo ~ f.RC ~~: ~RN~:'T; __~P.~le~.. .L~ ~.~~c~1 Parcel Index 10WNERS NAME 1 ?{] query I mm bi.1 I I Income / Market I I Permit/Sales I IdAPIBLOCKlLOT # X ftet<.m I I ~ANNUAL REPORT FOR 2...1 185 32ND ST W 17532ND STW 55 32ND ST W 3OG5 GRANDVlEV 2525JACKSON 2637 KNOB HILL 409 GRANDVIEV 201 DILLON 520 STEWART 1053VERNON 1555 DONOVAN I 735 CARRIAGE H .!J E nler Criteria to choo;.c OwneJ N arne I MAP/BLOCKlLOT # I P,opelly Addle.. 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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 ..?;L 2006. BY~#~ oger Kunde, President . -" /, / . ;/ : .i / " \. '. , \ '. \ \ ~ " OJ Ql c Ql 'c ~ ~ 0 CI) NU Ql C ~N Ql C') U ~ .- 'y'" / ~\ //' / / v / --~------ / / ~ U Ql c 2 Ql ~ Ql .0 o ~ ro ~ <( <J) ~ ~ "<t ~ ~ 0. 0. <( / .~- ---- ;oaT / / <( I- CO I X W / / / / .,;/ / ( \ \ \ b ~ I ::: " ~ '\l.! ., " '. \ \ '\ \\ , \ :07-'0 ' \j\i \. -------;o;t" . "JlOt---'---' .0 .I /' ~- -cf)- -~....- 0 ~ I ~ N ~ I / .- .- -.:: 0. Il! Ql "'C C ::l -" >. ::l Cl - a. ~~ \ !i F \l i: \j ~ ,. !i ~ I f( i1 i; \: i: \1 ~ , " ~ I' n t ii Ii t f; i' , Ii I; ~ I; --l, - f' 8 Q) Q) LL o o N ,. r K ii \; o o .- !' \ I I I o BITTER LAW OFFICES 485 LOCUST STREET DUBUOUE, IOWA 52001.6940 Joseph J. Bitter* Thomas A. Bitter Office: 563.588.4608 Fax: 563.588.0103 Residence Joe: 563.582.1768 Tom: 563.582.7545 'Also licensed in Illinois Client parking in rear 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. It 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. (//~;ytr \ /V "---- __J- ~-- -- JosePh J. 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Efic;. 5~~ G1~ti B~~!; fi:a~i~l~iS~~ ~~ ~~~ ~ ~~~ ~'=~ i;:ml ~.U~~ o::~~5 ~~o~~ c ~~~~c _ ~~ -c EcO~~~ .~~~c~-_ ~~m~N~- O~~-G~~ o~~a~n~m~ ~5-~~~~~am~M ~~~g> ~m -~~g~ ~ >-00 c c EE 2= ili<C~OC: ~-o ~ ~ n.!! ell g€ aI ~ 0>:;';;;; 1t).,g'i3.0I~.... ~12 iJ jO 1" I .... C ..... t: z1ii:::Jas ~~oc _ o.c.o;;; -o~~-,. .......~a1-..c -o....~ -S >oCDoOas N O ~8~0~:::J~8~__eN3-o-oc:::JCO~~asE~~~C:::J-O~~~<~~- ~~CD~~ = _ .I:: OLLO-M -000 o.M oE: ~UJ m 0;;:::..5 .s O~~ o.~..c..c It) 0.0 ~ cO It)~~'''' . February 4, 2006 To: Mayor Roy Buol Regarding upcoming council meeting February 20, 2006. Roger Kunde, owner of North End Wrecking, Inc is once requesting a rezoning change of several acres from agriculture to Heavy Industrial. As you may recall, city council members unanimously denied this request September 20, 2004. Much to our dismay, things have improved since the previous meeting. again the on not 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 5on, 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 :s.lso. 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 us at Home -556-8936 Hope's work- 582-7206 Hope.Huseman@swissvalley.com . ,~1\ ~)J-A..o'\/J- .~~ \ttf(f)4(l Planning Services Department City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax (563) 690.6678 TOD planning@cityofdubuque.org www.cityofdubuque.org " DD~~E ~</k.~ n h C" ,\ ' ..J _. Q , D ~, \.' ',) 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 IIUlovation Teamwork North End Wrecking, Inc. December 1, 2004 Page 2 4. .5. (Q) 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 of the 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 salvage 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 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 Gust north of the 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 salvage materials must be obscured from view. 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 589-4210. Sincerely, /( ~ ,j. - . II I~ Susa~~ 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 /' day of ():J- 2006. By ~~~ .... oger Kunde, President '. .' , - BITTER LAW OFFICES 485 LOCUST STREET DUBUQUE, IOWA 52001.6940 Joseph J. Bitter' Thomas A. Bitter OffICe: 563.588.4608 Fax: 563.588.0103 Residence Joe: 563.582.1768 Tom: 563.582.7545 "Also licensed in Illinois Client parking in rear 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 I, 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. Kunde 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. D~~~E ~<k~ 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. 32nd Street. The City Council has a public hearing on this rezoning on March 20, 2006. The written 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 HIIAG 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 /"iif /i;U/,(~/"// /;// /1 (/ February 8, 2006 The Honorable Roy Buol and City Council C/O City Clerk City Hall" nib S1. Dubuque, IA. 52001 Honorable Mayor and Council: RE: Rezoning by Roger Kunde a.k.a. North End Auto Wrer-king of parcels on West 32M S1. from R-l resIdential to Heavy Industrial. It appears that, now that there is a new administration, Mr. Kundei~ tryillg agail: to get this rezoning issue passed. It failed the last time by a margin of 7-0 I 'lrse :71:';; 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 residentialllfea. I tho-,lght that you had settled this issue the last time that he hrought you his application. We implore you to deny him unsettling this neighborhood once and for all. Thank you, Qatt/ :9: c44<-<4 Paul J. UhIrich 480 Olympic Heights Rd. Dubuque,IA.5200l Encl: Letter dated September 8, 2004 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. iI, .Jl~..t~ yt:.I,< VV Dan McDermott McDermott Brothers Construction ,"". '- .:...1, , .' . ; ~..I NOV-29-2C05 TJ: 03:28 p~ DBQ. ~lrY CLERK FA~ NC. 563 589 0890 P ,'~ . vc - . ..../".... ".,~., 'v,.,'. 1'-(0" ,. ,t'O /1 ,- '/ /' Q ::~ SeptedJc' B. ZOO4 The HoncnIIIc Mayor ad city Counc;il C/O CIty Oedt City HIll u. SIteII 0lDJquc. IA. 5200 I '. -' Ladia UId GctIdeaMa: RE: RalII!iDI by IW8er Kuadc ..k.a. North End Auto Wf8Ctia& of parcels Oft Wese 3zM St. 6un R-I, bIidMIliaJ 10 Hea.Yy 11lCIuIIrisI. IIDIIlroDIIY oppoNd 10 tlIe leIDIIi.. ofdWI beIW~ IDb diYbiorJ llIIeM bk4 I bawe no objctioa to aM pr_ wrecldaa _ dill '_lI'..dtlotIl..d ill D ~ be ....1..- to eat8bli1ll a bunn ad IOCUrity par pmriouIIy pUMClI'Jillflial. S.. he bu pun:hued a JII'OIMft)' witlIlhc...-.ad __ ofbl:lldi., a rwid_. a.- lie bu Iltund 1bis propatywith alllUllbetotwracbd .......-~il.. nr.. i, ir. direcl viol<lliGa oflbeCity at OullIlqllt" Jlesidenlial-w., parIIIIWI'I. He bu tried 10 opcII a scrap Yft on Juli1111 Dulluqlle OrNe wbicIa youl1&nlcd......... l1iiI _ 011 Tbirty NCOIllIItnlat is a1lUlh more & Iocalioa Ibr r-ld-,;.' zalaa... tile old U S Chl=micaI plut_ I urp IIIIl you clec:liDe Ills request 10 recne this belulillll nlIidePliaI ucI qpiQllluAI .... Tbaak )'0\1, (p~1: Ul/k.I Paul J. UhIrich 49 Olympic JIeitNs Ro.d. Dulluque, ~ 52001. ~) February 4, 2006 To: Mayor Roy Buol Regarding upcoming council meeting February 20, 2006. t5 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 Eor salvage Expansion and environmental contamination. B. Ann Michalski felt it was a ten~ible ic'ea to expand in the city and it was like putting a gun to your head. C. Joyce Coimors stated Mr. Kunde historically lacks Accountability for his actions. D. Roy Suul felt it would decreas~ 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 =ezoned 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 ,-, '':J' 'y, ;) w T-j -") ,'I >..,) -, r-1 ~ j , "-1 ',.' 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 5en, 2005 zoning advisory hearing. When w<;! purchased our home the zoning of agriculture had bebn 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 ::.150. 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 oper.ates 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 decisioD in 20C4. Hopefully if this zoning request is denied, thr.re will be R 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 us at Home -556-8936 Hope's work- 582-7206 Hope.Huseman@swissvalley.com ~.~ A ~~ +t{:t~ ~mq(l ~~?C (....,~::'\ lr-r..... , .;. . . :.,.' :.-~ - -~; February 6,2006 ",I''': C~D r:_,-, ;-:~" 1 ~ -.) I LU,' " ,,-;-., . .,...., ... -- ~ " .....:..) Attn: City Council Members e"'./ '. "" . Il' .'.........,'-_,... i i"~fl('<:, [}i .If,:: U~~j:':~:; ,"{,~~ 'v 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". .th:c t\usern;n 2lf5l~~Jf'l1p.t Ht& ~. <-<co' ; ~j~ 3J7D!j"tlti Uts. ;t!2//f 6~-. -~~Hf>.--tr~J 5ifa '3)10~~H1s ~ ~,~~ ~H~. ,-:lli' ILUb. a.. ~~H~ . ~~ '~;;;:~.::i '&1)~1-I1s J"~~J;j.~U~ J~1 o~ S1.v..0' ~j,K lqD~ ~ (/~~.nAd$I'i'tf)..i<ff ~:1~. 1-I1s _ ~,~~~--PJI'f~11P,/,:VJj . t.ffi? ~~ ~ JL-~ .7..../ C-"~lIf1s . (\.. " ()~r..pc ~. I:~ uJ abFJ<' 3'ft Cld~(.I!.9tt= ~. "1 ~ ~ ~.500 O~i Ht). ~.. ..Q~ S6~,*'"Y"''' N j:'tVlV fu)~0 4&,oJjmp'{' His ~VJuL- ~'..u.<'J/'J.... LI&501~Ht> ~~:O f?~IUI-P '-IK50~HgIv .~~~ -;JfP~~ - Y&4~Nlpt Ht5. .~ BITTER LAW OFFICES 485 LOCUST STREET DUBUQUE, IOWA 52001-6940 Joseph J. Bitter* Thomas A. Bitter Office: 563-588-4608 Fax: 563-588-0103 Residence Joe: 563-582-1768 Tom: 563-582-7545 'Also licensed in Illinois Client parking in rear March 20, 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 North End Wrecking has been in existence at the same location since 1955. Most people would not even know that there was a salvage yard located there. The place is so well hidden and secluded from view. You have previously rezoned approximately 8 acres. Our recollection is that this previous rezoning was unanimous. We now request that another small adjacent portion of the property be rezoned to allow the final expansion by the inclusion of 3.9 acres. We think it is noteworthy that surrounding the salvage yard on the north and west is an area of about 14 acres now zoned agriculturaL Weare only requesting rezoning of3.9 acres. The remaining approximately 10 acres will remain agricultural and has been planted and will continue to be planted in trees and heavy foliage. This property has absolutely no value whatsoever except as a salvage yard. This matter passed the Zoning Advisory Commission by a vote of 6 to I. The lone negative voter did not explain the reasons for her negative vote. We understand that there are a few people in the neighborhood who have expressed concern about the salvage yard. We would like to address their concerns. Dan McDermott, a contractor, has expressed his concern in writing. We addressed his concerns with him personally. He is building spec homes. His first house was listed for full price, $194,900.00. This listing is quite new. He already has this house sold for near full price. He's obviously very pleased because he has already sold the next lot and has a contract to build a new residence for a prospective purchaser. Steve Simon as a representative of North End Wrecking spoke personally with Dan McDermott on Friday, March 17, 2006. Mr. McDermott indicated to Mr. Simon that his only concern is the screening, and that his objection would be withdrawn if he could be satisfied about the screening. Mr. Kunde has stated repeatedly to the staff and the -- -2- Zoning Commission that he has every intention of doing a superb job of screening. He has started a fence which has been approved by the City staff. However, he has no intention of stopping there. Those of you who have taken the time to view this yard, can agree, I am sure, that Mr. Kunde has taken good care of his yard. He now employs 22 people. The rezoning will allow him to employ approximately 8 additional people fulltime. It appears that the only issue is screening. In the early stages, there was a concern by a resident about loud noises. I believe we were able to satisfY this person that the loud noises were not coming from North End Wrecking, but instead were coming from Swiss Valley across Central A venue to the east. Someone had expressed a concern that there would be another road from Olympic Heights into the salvage yard. This will not happen. Mr. Kunde has never indicated a desire to do this. There will not be a road from Olympic Heights. When this matter was before the Zoning Advisory Commission, the Commission was ready to pass this proposal with flying colors, but one of the members expressed a concern about water runoff. The matter was then delayed for about 60 days so that the DNR could review the plans and determine whether the property was in compliance with State law. We are pleased to advise you that the property has been and continues to be in full compliance. Mr. Kunde has worked very closely with the City staff. I am sure that they will confirm that he has been most business-like and cooperative. The City staff required 5 conditions for to become part of the record in order to approve the rezoning. See the Memorandum of Agreement attached. The Memorandum was typed and presented to Mr. Kunde for approval. He signed it and returned it to the staff the same day. On behalf of North End Wrecking, Roger Kunde and Steve Simon, I wish to express our sincere appreciation to each and everyone of you for taking the time to view the property and study this issue. Mr. Kunde has been a good citizen. He has met his promises. He will continue to meet his promises. Very truly yours, /"'/ ./} . /I~ '1 0C'v\J Joseph J. Bitter JJB/km(6) Ene. 1 REZONING STAFF REPORT Zoning Agenda: December 7, 2005 Property Address: 55 W. 32nd Street Property Owner: North End yvrecking, Inc. Roger Kunde Applicant Proposed Land Use: Auto Salvage Proposed Zoning: HI Existing Zoning: AG Existing Land Use: Vacant 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 01 the trees and leveled the hilltop. Physical Characteristics: The area requested to be rezoned is approximately 3.9 acres 01 an approximately 14 acre lot that has some level area on top and heavily wooded bluff that slopes down to the Olympic Heights Road right-of-way. Concurrence with Comprehensive Plan: Goal 3.1 olthe Land Use and Urban Design element states, "To promote retention of existing industrial property." Goal 4.1 states, "To protect and preserve existing open space." Goal 6.1 states, "To promote a compatible mix of land uses." Goal 6.2 states, "To buffer and protect incompatible uses from each other." Impact of Request on: Utilities: Existing utilities are adequate to serve the site. However, erosion control measures must be taken to prevent runoff and erosion on the northern slope 01 the property that drains onto the public right-ol-way. Traffic Patterns/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. if ,i' '11/ .,t- , llill# Report .. 55 W. 3td Streetpage 2 Mi,,'a<t p~pe"" '00 _"',0 ofth' ,."og >,w.,. ..~. ,~",. >,,"" 'oo """, "" .", (WO-to. ,mp'cl " ,,,,,em ."d"'" prop'"'" ""t,' "'" ,,~, I'lni . th, 00".' "g,,,t'OO h" b"e rem"'" wIt"h m''''. wm' of~' ".,g' ,,,d .,ole IT"" th", prop'd'" to ~, ,,", ,1009 OlymP<O ""gh" "d ",wke" 0"" .,,"edt, ,,,,od'eg th' ",,,0' "" to the eo"' pi'''' ~e ,,'wg' "hlcl" "d industrial' activity closer to adjacent residential properties. " r CIP Investments: None proposed. Ii,,", i' proP"'''' to e""od " ",,,'og ,"" ,,1"9' "cd to ~. eo", e yard has been in operation pnor to Its annexation to , sed expansion will be approximately ,', U anding the salvage I' 5 f / / .,- " y/ Rezoning Staff Report - 55 W. 32nd Streetpage 2 r 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 Oiympic 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 12.foot 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 S!,ctions 6-1.1 regarding criteria for granting a rezoning. prep""'''~~'.'.'''i_R'''~'d,;r;( ~, /f.7f~.oS 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) Recordino. 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 i.?;L 2006. By ~4~~ x oger Kunde, President v-' /) /'" " ./ ./ / ,.,," v ./ ./ " .-.--' <( I- m - I X W '/ f i i, ,/ / ......",.." /, y/ 1 / ./ ./ ./~---- / ./ / / ~ ,I /\ ., \ \ . \ \ \ '\ \ \\ \ "' \, ., \ ,.- \\', \ ' '\', \ " \\~\. 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