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Zoning 55 W. 32nd - Kunde 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. 28-06 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 HEAW 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 17th day of April, 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. 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. 28 06 I, Roger Kunde, representing North End Wrecking, Inc., property owner, having read the terms and conditions of the foregoing Ordinance No. 28 -06 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 27th day of March, 2006. /s/ Roger Kunde .~. 111111111111111111111111111111111111111111111111111111111I1111111111111111111111 Doc ID: 005391930006 Type: GEN Recorded: 04/20/2006 at 11:51:17 AM Fee Amt: $32.00 PaRe 1 of 6 Dubuque County Iowa Kathv Flvnn Thurlow Recorder Flle2006-00005582 Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th Street Telephone: 589-4210 Return to: Jeanne Schneider. City Clerk Address: City Hall. 50 W. 13th Street Telephone: 589-4121 ORDINANCE NO. 28 -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 17th day of Apr il 2006. I, Mayor Attest: anne F. Schneider, City Clerk $ 32.00 M City If [IF!\1, \lY ~'/_-"-"> STREET. FROM AQ, AGRI. I be stacked on the rezoned CULTURAL DISTRICT TO property. HI HEAVY INDUSTRIAL' 6) . No. salvage vehicles DISTRICT, WITH CONOI- will be placed on the rez. TIONS. c, ,cned property where they !'lOW, THEREFORE..il BE IT ;wllt not-be shielded visually ORDAINED BY THl::._CITY from off-site by permanent COUNCIL OF THE CITY ,screening on the north OF DUBUQUE, IOWA: , boundary line. Section 1. That Appendix, 7) The screening fence A (The Zoning Ordinance) of:ak)ng northwest portion of the City of Dubuque Code I the north district boundary of Ordinances is hereby I Rna will be completed by amended, subject to the January 1, 2007, as per conditions(s) in the attach- Isubmltted planting plan. ed Memorandum of Agree-, 8) The screening fence ment, by reclassifying the along the northeast portion hereinafter described prop- of the north district boun- erty as shown in Exhibit A, dary line will be completed all in the City of Dubuque, ,by January 1, 2008, as per Iowa from AG Agricultural iSlibmltted planting plan. District to HI Heavy lndus- '8) Reclassification of the trial District. Subject Property. The City Section 2. The foregoing :01 Dubuque, Iowa may ini- amendment has heretofore itlata zoning reclassification been reviewed by the Zon- proceedings to the AG Ag_ ing Advisory Commission of Irlcultural Dls,trict (which re- the City of Dubuque, Iowa. zoning will include the re- Section 3. This Ordinance :rilOval of the performance shall take effect immedi- :Standards in 'Section A atety upon publication" as above) if the property own- prOVided by law.er fails to complete any of Passed, approved and ,the conditions or proviSIons adopted this 17th day of -ofthis'Agreement. April, 2006. - C) Modifications. Any mod- 'I 151 Roy D. 8uot, Mayor i/fications of this Agreement I Attest: shall be considered a zon- Is/ Jeanne F. Schneider, lng reclassification and CMC, City Clerk ~hatl be subject to the pro- MEMORANDUM OF visions of the Zoning Ordj- I AGREEMENT nsnce governing zoning . Pursuant to the Iowa Code reclassifications. All such Section 414.5 (2005), and modifications must be ap- as an express condition of proved by the City Council rezoning of the property of Dubuque, Iowa. shown in Exhibit A, which D) Recording. A copy of is the subject of Ordinance this Agreement shall be re- No. 28~06, a copy of which corded with the Dubuque is attq.ched h61etoand In- County Recorder as a per- corporated herein by refer- manent record of the, con- enoe, the undersigned ptop- rClitions accepted as part of erty - owners agree to the this rezoning approval following conditions, all of within .thirty (30) days of which the property owner ,the adoption of Ordinance further agrees are reason- No. 28- 06. able and are imposed to E) Construction. This satisfy pUblic needs which Agreement shall be con- are caused directly by the strued and interpreted as rezoning: though it were part of Ap- A) Conditions: The follow- pendix A of the Code of ing conditions shall apply to the subject property: 1) Screening be installed atong the north zonmg dis- trict 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 Fri- day, and 8:00 a.m. to 12:30 p.m. on Saturday. 3) The bailer and crusher not be placed on the rez. oned property. 4) No building will be locat- ed on the rezoned property. 5) No salvage vehicles will Ordinances of the City of Dubuque, also known _ as the Zoning Ordinance of the City of Dubuque, Iowa. F} This Agreement shalt be binding upon' the under- signed and his/her heirs, successor and assignees. ACCEPTANCE DF DROINANCE NO. 28-0lI TE OF IOWA I, Roger Kunde, ropreoent'jS T A . ing North End Wrecking, Inc., property owner, having DUBUQUE COUNTY read the terms and condl-': tions of the foregoing Ordi~ ' nance No. 28-06 and being famlllar with the conditions tl1'ei'80f, h8l"aby accept this same ,and ~ree to the con. ditions reqUIred therein, Dated in Dubuque, Iowa this 27th day of - March, 2006. Is! R0ger Kunde, President Published officiaUy in the Telegraph Herald Newspa- per the 21 st day of April, 2006. Is/ Jeanne F. Schneider, CMC, COy Clerk 1t4/21 CERTIFICATION OF PUI I, Bev Engler, a Billing Clerk for Woodwan corporation, publisher of the Telegraph Hen published in the City of Dubuque, Coun~y 0 certify that the attached notice was pubhshe, dates: April 21, 2006, and for which the cha ~'D<)[ Subscribed to before me, a Notary Public ir this d-l.a-C day of ~,i !~'Mtf ~ Notary Publi< [1.... tA. 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'JJ (') ,., ('0 (JQ _ ~_!l: o 0 ("tl ::3 ;,,~':! 0 c ~ ~ ~ fJ 8&;m :a ..... -,.," "'~:D ::;" 0 ~ ~ '::!- "=<! -::l ;:) ;y ~ !::.- "0 '""'l 0 =<! ::::::r()~ ;:) o ("tl c: ~ p ~ ,., ;" =<! _. ("tl ..... po ~ cr"-' oc,<O ::l D~~~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/J1J^'- Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager l~' DU~~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. 320d 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 Psihoyos, City Engineer March 22, 2006 Honorable Mayor and City Council Mcmbers In regard to the Mareh 20th, 2006 City Council meeting and specifically thc rezoning request of North End Salvage I would like to ask you some questions. Everyone on the council including the mayor seems to have taken the time to tour North End Salvage which is great. I myself had the chance a couple of times in the fall of2oo5 to see the operation with SIeve Simon which I gladly took advantage of so that [ could see both sides of this issue. From my lours compared with the glowing reviews of your respective lours. [ havc a few questions maybe one or all of the honorable council could answer. The 1.1 qucstion [ have is what is actually being rezoned. II appears Mr Kunde is asking for 3.9 acres of AG 10 HI in the middle of his operation. I asked this question to the Planning and Zoning Dept in Oct 2005 and actually went with Guy Hemenway and 3 . , measured thc area at that time. Yes in Oct it was roughly 4 acres. Now 5 months (and hundreds of dump trucks full offill) later. I don't believe anyone bas an accurate number. Back in 2004 it was 7.5 acres. I guess time will tell with a completion date of 2008. This is an issue I thought Council Member Braig may be able to clarify since she has a map. While on the issue of maps. there seems to have been somc question about R-I propcrty from Council Member Michalski. This is a confusing issue as I discovered when dealing with the Planning and Zoning Dcpt over the years. Thankfully Steve Simon shed light on this matter and I now know the Planning and Zoning Dept are not liars and incompetent. Jbev are liars. yel vel)' compelent at disposing of city refuse from eity projects such as road improvement. ("ve saved "old" maps and would like to compare tl."," to the councll ml'JIlb.,I~ '"new map". Mr Kunde has done quite well with his re-.loning request. It appears to me thc only property left to be rezoned is the RI residence of2oo Olympic Heights Road which Mr Kundc purchased. That shouldn't take long with his past success. Oh. [ forgot that Mr Kunde is building a $350. 000 home on that sitc in the future. I'm 40 years old and plan on going to college and moo school in Ihe fulure. I wondcr which will happen I". Roger moving in the neighborhood or me performing neurosurb>ery. I'll bet on the [01 being zoned III. Since the cily council unanimously dcnied the rezoning request in 20M, I have gained somc ncw insighls on North End Wrecking and Salvage. I previously realized the benefit of the salvage business in the form of recycling and hazard material recovery along with proper disposal. I've now learned there is a new objective of North End Salvage and Wrecking since 2004. In 2004. then lawyer Robert Klauer stated there would not be many vehicles on the property because they were stripped of parts and crushed al a high turnover. During the Mar 20, 2006 meeting Stevc Simon stated the objective of North End Salvage was "the B[GGEST and best salvage yard in the state of Iowa". Well mighl as well shoot for the moon. I for one am looking forward to living across from the BIGGEST salvage yard in the state, I imaginc the noise from heavy equipment moving salvaged vehicles 6 days a week won'l be invasive nor deplete thc value of my home. With the approval of the rezoning from AG to HI. it should alleviate all concerns from neighboring residents. The good Lord knows as well as myself the certified mailing of "a Code of Compliance" on Dee 1,2004 sent to North End Wrecking and Salvage after my meeting with City Manager Mike Van Milligan and the Zoning and Planning Department went absolutely no where. (I do have a copy of the originallctlcr that was sent to me by the city if any of the honorable council would like to review it with me.) In reading Mr Kunde's new lawyer Joe Bitter's request for various parcels of property to be rezoned l am impresscd with Roger's resume. 1. On his Own initiative, he started screening his property. 2. Mr Kunde accepts challenge and responsibility 3. City of Dubuque 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. 4. Mr Kunde has been a good citizen S. Etc, ctc bullshit I was equally impressed with the new city councils take on Mr Kunde and the integrity for which he conducts his operation. 1 almost forgot he was expanding a junkyard. There for a minute or two I thought he was ereating a cure for cancer with his business after hearing the glowing reviews. What 1 get out of the previous rezoning and prescnt request is that the bottom line on Roger Kunde is its always in "good faith". Pull your head out of the sand and look at Roger Kunde's past traek record with tbe city, maybe you'll get the jest of this letter. ]n dealing with Stevc Simon on how lbings can be resolved and in hearing how determined Roger is to be a good neighbor needs to go no further than looking out my front pieture window. Mr Kunde purchased the residential home previously noted at 200 Olympic Heights roughly I Y1 years ago, since that time] believe they have mowed the lawn 4 times. On weekends there is vehicle traffic 24 hrs a day. Cars bonk in front of the home, pull in for 30 seconds and then leave at a high rate of speed. Maybe it's a Good Will distribution drop off or a Girl Seout Cookie pick up site. When my eldest daughter was in girl scouts they only sold cookies once a year, things may have changed. Last year Mr Kunde placed 3 large concrete barricades on an cascment road to severa] properties adjacent to Olympic Heights road because things weren't going his way with the zoning. The Dubuque Fire Marshall intervened and made Mr Kunde remove 1 barricade so that emergency personal vehicles could access the homes. Council Member Jones is a retired fireman. this act of neighborly love should be heartfelt. After the Mar 20. 2006 cily council meeting, Steve Simon stopped by myseU and a couple of the concerned neighbors and asked once again how North End Wrecking and Salvage could be better neighbors. I staled that the employee of North End Salvage and Wrecking which rents Mr Kunde's home at 200 Olympic I Ieights could keep the pack of German Shepard dogs they own from running loose in the neighborhood and barking 24 hours a day. Steve stated he'd mention it. . Apparently Mr Simon never got around to it. On Mar 21. 2006 one of the dogs attacked 2 neighborhood children @ 3:00 pm. After dozens of calls to Animal conlrol and the Dubuque Police dept the last year, guess what, animal eonlrol seems to have taken an interest in my concerns. Yes, Mr Kundejust wanlS what's best for the neighborhood, Oh, by the way, Sue Barnes the animal eonlrol officer wasn't very pleased when she contacted the owner of the property where the dogs reside and Mr Kunde refused to tell her who the renter was that owned !he dogs. It's great Mr Kunde recycles used oil, maybe that will lead to a respect for a child's well being somewhere down the road. CoLUlCil Member Connors stated that maybe the neighbors of North End Wrecking and Salvage should go and take a look from the inside out. I havc already beat her to it. Seems every council member took Steve Simons I V. hr Royale Tour, maybe you'd like to take 10 minutes and talk to me face to face. I won't hold my breath, I'll take Counc~ Member Cline's advise and just "Grin and Bear It". Now there's optimism. In reviewing this letter I've seemed to have overlooked !he NPDES stormWater permit dealing with run off. Started off North End Wrecking and Salvage received a permit granted by Joe Gritlin over a phone conversation and ended with a stuttering Clark Ott who stated North End Wrecking and Salvage doesn't need a permit because less than I acre has been disturbed during his "spot" check. Would love to compare my ~old" map to the council's "new"map to see if there may be a discrepancy once again on what the hell is actually unfolding and what is being rezoned at this present time. The only word That rhymes with Dubuqucr is Euchre. 'Ibc motto on city vehicles read "To Serve willi Integrity". It's time for this council to call a spade a spade as they did in 2004 and follow thru with something hopefully close to ~integrity". My wager is on North End Wrecking and Salvage now, the City of Dubuque has already rcniggcd. :)~ ~~ 15~ 551D-S~ ~ ~.~ ~\$'b"~.ean 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 Q '1::~ ~ ~~~ ~'%% ?'1--\~ ,,~ %~90: \~ ""\~'2 ....el . \ \ \ I I I I >-, 1---- --1 ~ 1 '--Ii l ~--~-~~ j ~~-:-1~-1 I r--,I_-- I ~--~--~ ~I~_!~ -I I" I --, ~ II, . J ~ ~----- I ='11 l i i----~l . II __~j ---- \ ---------\ ) /"'~ / ~ / ~ ^ ,," '1,.~ / '" ->>-" ';1.'2 / '" ,,~ / / ~~/,/ ",,?-~~/ 'r-~~ /\ v ,)<c / / I':'!> / \ 't'1''' G / / 0~~ \ / / \ / / \ / . -~"" /:- '~a~ \ { ~~ ~ g~j ",<oJ ~~; - / \ \ ~~~ / ;! I ~~ ~ , ~IU H ~ : ~J -Q~ "oS' .o~ \c>~ ~ ~ -I f hn I H h n:! ; !~~ .'~ ~d~ ~ d~ h ~~i!i ~ ~i. t !~~~ !~ U~ i~1 ~~~u ~~ ~~~ " \ ~ u~ ul \ I I ~ \ I I I ~--~-- -~// ~ OJ) ; Q- zl!' . :'i- , ~~ o ~ ~ z", ~lL iij~ ~ OJ ~ ..D . ~ r~ ..../~ ;; 4' .. l >- . q)' . ; ~ F . n" . \ ~ . > " , . . ..~, , , . , \ \ . '" ~ 1- '\ \ ---- .. "F" . . . ":1U..I'fl'BO' \ . '.~ \ I~ ~M . . <0 .. .. A. ..:r'.. \ \ \ '. \ ---- \-------- \ \ \ \------ \ ~-------- ---- . ---- ---- ---- ---- ~ , . " " " .~ ""'- ',.'1 ~ "" "" <'O;t'" 'N'(j~ ^a /,t\ M ''-'!J.*.4t' \. _ ____ ____ " " " %,,_ "" ,,:> \ V~~ '----- _ """ " ~ " -"" " '" ) " " ---- ---- " " -------- " ~---- " ---- ---- ---- ---- ---- ---- ---- ". ---- ---- ---- ---- '"' U ~ E--< en ~ III 01, ~ih gj I '"' z 13 z '"' z ;; Q ~ . ~ Il. 8 ;c<'> ~ &?i!' ~ :il Ou' ~~ ~ "0 :> @ ~l;;I!I.:: <( .. . .. ~ <( ::J Ii: '" u z o u ---- ---- ---- rHEClTiOF PlannjI1~ S~rvi(es Departmt'nt City Hall 50 West 13th Street Dubuqu..., Iowa 52001-4864 (563) 589-1210 office (563) 589-4221 fax (563) 690-6678 roD p lanning@dtyufdubuq ue.lJr~ 1~~.~:~ F) f _~:~~rLi I-~ ~~~ January 29, 2004 Roger Kunde 55 W. 3200 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 confine 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 fine without any additional warning or correspondence. The minimum fine is $250.00 per day for each day the violation continues to exist. $ervict" P=pl~ In~ty Rt"5pOTIsibility Innovation Teamwork Letter to Roger Kunde January 29, 2004 Page 2 Please call me if you have any questions regarding this Notice and Order. I also recommend that you contact Assistant Planner Guy Hemenway about submitting a site plan for screening or installing a fence and the rezoning process. Si"Z_~ Susan Brennan Zoning Enforcement Officer Enclosure: Copy of City Code regarding Fencing Requirements for Junk & Salvage Operations (Section 29-6). Planning Services Department 50 W~st 13th Street Dubuque, Iowa 52001-4864 Phone (319) 589-4210 Fax (319) 589-4221 .ii >>-;;r DU'Bt@uE 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 requireinents 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 Intltgrity Responsibility Innovation Teamwork Letter to Roger Kunde Page 2 Expansion of the storage areas for vehicles may require additional screening, depending on its location and visibility from surrounding property. Please review the enclosed information and contact me if you have further questions. Sincerely, fClfCc l ~~--~ Kyle L. Kritz Associate Planner KLK/mkr Enclosure cc: Laura Carstens, Planning Services Manager Planning Services Department City Hall 50 West 13th Street Dubuque. Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax plaMing@cityofdubuque.org DU~~E ~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 32"0 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 H I 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.1 0-11-453-002) 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 Se<vi<< P"'P1e Integrity Responsibility Innovation 1bInwork portion of the salvage yard has not been legally established. I recommend that you meet with the City Engineering Department before you change the corporate structure or ownership, in an effort to resolve this issue. This may require vacation of the City property that the salvage yard is now utilizing. If you have any questions regarding this information, please contact me at 589-4210. Sincerely, 21 Guy ~enway Assistant Planner GH/mkr Enclosures cc: Ron Turner, City Engineering , . 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, attorney 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 negotiations for City prorerty to July 14, 2005, and placing request to purchase City property on June 6t 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. a Preserve and retain (trees) existing vegetation. a No storage of salvage material is allowed south of tree line. a 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 32"d 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. Thank you, (jJ~?,u/tud Paul J. Uhlrich 489 Olympic Heights Road. Dubuque, Iowa. 52001. . ! 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 l.YOf L/. /! / ( / . . ~[, /lj Roy D.. 01, Mayor 2006. Attest: Jeanne F. Schneider, City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2003), and as an express condition of rezoning of the property shown in Exhibit A, which is the subject of Ordinance No. -06, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owners agree to the following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Conditions: The following conditions shall apply to the subject property: 1) Screening be installed along the north zoning district boundary line as per submitted cross section. 2) Hours of operation be limited to 8:00 a.m. to 5:30 p.m. Monday through Friday, and 8:00 a.m. to 12:30 p.m. on Saturday. 3) The bailer and crusher not be placed on the rezoned property. 4) No building will be located on the rezoned property. 5) The screening fence along the north district boundary line will be completed by January 1, 2008. B) Reclassification of the Subiect Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the AG Agricultural District (which rezoning will include the removal of the performance standards in Section A above) if the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Zoning Ordinance governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) Recordina. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within thirty (30) days of the adoption of Ordinance No. - 06. E) Construction. This Agreement shall be construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. ACCEPTANCE OF ORDINANCE NO. 06 I, Roger Kunde, representing North End Wrecking, Inc., property owner, having read the terms and conditions of the foregoing Ordinance No. -06 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of 2006. By Roger Kunde, President . o ..... o o , N 0 I 0 ""Tl <D <D - S " c q m X I - (D - -1 )> "0 " ca c ~ ,.- C :::J 0- <D ill "0 ::::t ..... ..... , N , o )> "0 "0 .., o x .j>. )> o .., <D l/l . c )> .., <D III - o e- <D ;:0 <D N o :::J <D 0- / (]1 (]1^ ~5 . 0- w<D N;:o :::J <D O-N C/lO -:::J .., -. <D:::J <Dca - ~'. 'r~'~ ""It'"'' . "'.~\ .:\ :-F:.,,' . 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I - IF -, -- _I""" 'l ;..c \ _ !.J.. - !,; rlt l'J. l\ I Jl- '.1 '~~ ' II' . , S l' E V I: N ULSTAD ARCHITECTS '-t.- H- I --.t : _. ~A~~~ I-t 1'0. I- --- .~.- Jeanne Schneider - Petition for the Council meeting 02/20 -~,-------~- -- -- - ---------- 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 1 THE CITY OF ".... Planning Services Department Oty Hall 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 5894210 office (563) 5894221 fax (563) 690-6678 TDD planning@cityofdubuque.org ~~~ 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, M"b ~ Jeff Stiles, Chairperson Zoning Advisory Commission Attachments cc: Gus Psihoyos, City Engineer D~~~E ~<k~ aty of Dubuque Planning Services Department Dubuque, IA 5200H864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPLICATION FORM o Variance DConditional Use Permit DAppeal DSpedal Exception DUmited Setback Waiver III Rezoning UPlanned District DPreliminary Plat DMinor Final Plat DText Amendment DSimple Site Plan DMinor Site Plan o Major Site Plan o Major Final Plat DSimple Subdivision DAnnexation DTemporary Use Pennit DCertificate of Economic Non-Viability DCertificate of Appropriateness DOther: Please tyee or Drlnt leaiblv in Ink Property owner(s): North End Auto Wreck ing, lnc. Prone: 563-556-0044 Address: 55 W. 32nd St. Oty: Dubuque State:~Zip: 52001 ~bj-~(jH-l)lIJj - Attorney B1 tter 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. ~bj-~ee-1)11)3 - Attorney Fax Number: 563-556-5097 Site location/address: 55 W. 32 n d St. Oty: Dubuque State:.1A.- Zip: 52001 B itter Mobile/Cellular Number: 563-590-1652 Existing zoning: AG Proposed zoning: H. I n d Historic District: No Landmark: I..<<> Legal Description (Sidwell parcel 10# or lot number/block number/subdivision): I nt 1 nf I nt 1 nf Lot 1 of Oakwood in thp r.ity of nllhllqllP, 1 nwe Total property (lot) area (square feet or acres): ." 7" e-',,-' .:s. 0.!5 Describe proposal and reason necessary (attacl1 a letter of explanation, if needed): See etterhpd lpttpr CERTIFICATION: 1/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. ltional ritten and ra ie materials are attached. Date: /D- 5/- D S- Date: J. Bitter, 485 Locust, Dubuque, lA, 52001 -Phone: 563-588-4608 FOR OFFICE USE ONLY - APPUCATION SUBMITTAL CHECKUST Fee~t!o~. .6'> Received by: ~ Date: ~ Docket: DSite/sketcl1 plan 0 Conceptual Development Plan Dphoto o Plat Dlmprovement plans DDesign review project description DAoor plan DOther: BITTER LAW OFFICES 4B5 LOCUST STREET DUBUOUE, IOWA 52001-694D Joseph J. Bitter' Thomas A. Bitter Office: 563-588-4608 Fax: 563-588-0103 Residence Joe: 583-582-1768 Tom: 583-582-7545 .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 thi s letter is typed for presentation to you, we will attach a copy. In any event, we are sure that you will receive a copy in your packet of information to assist you in your deliberations. Zoning Advisory Commission January 31, 2006 Page 2 It is my recollection that the only issue that concerned the Commission on December 7, 2005 was the water runoff and the possible need for a permit. However, the City staff has been working with Mr. Kunde and Mr. Simon. Mr. Kunde and Mr. Simon were told who to contact in Des Moines, and they promptly followed up and contacted Mr. Joe Griffin with the Department of Natural Resources. Mr. Griffin suggested and required that pursuant to Iowa law, a notice be published in two separate newspapers of general circulation in Dubuque, Iowa. That notice has been published, and part of the packet that you will receive from us shows compliance. Enclosed with our packet you will also find the two page storm water discharge permit issued by the Department of Natural Resources, under Permit Discharge Authorization No. 10724-10521. The City staff has also suggested that in order to assure friendly relations with the neighborhood, certain restrictions be placed on the approval to rezone the 3.9 acres. Those restrictions are as follows: 1. The work activities on the 3.9 acres will be restricted to 8:00 a.m. through 5:30 p.m., Monday through Friday, and 8:00 a.m. to 12:30 p.m. on Saturday. 2. No building will be constructed or moved onto the 3.9 acre parcel. 3. The baler and the crusher will not be located on the 3.9 acres. In fact, Mr. Kunde has plans to construct a permanent base quite some distance to the south and east on other property that he owns. The baler and crusher will be located together on that pad. This will give significant distance between the baler and the crusher and any residential property. 4. Mr. Kunde will construct a fence and/or berm along the northwest corner of the property to be rezoned. Construction has been started, and will be completed as soon as possible, but not later than January I, 2007. While the construction of the fencelberm is in progress, and until it is completed, Mr. Kunde will not place or allow any cars in that northwest corner at any point where fencing and the berm have not been completed. This is so that neighbors need not view cars. Naturally, when construction is completed, the possible complaints about cars being visible will be elil11inated. 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. .JI>N I Mr. Kunde and Mr. Simon will be present at the meeting to answer any questions. We trust that staff will be present also should there be any concerns. Zoning Advisory Commission January 31, 2006 Page 3 Thank you for your past considerations and for your careful attention to this request. Very truly yours, J~ 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 Off~e: 563-588-4808 Fax: 583-588-0103 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 BUt St. Dubuque,IA 52001 RE: North End WreckingIRoger Kunde Rezoning Request Now Scheduled for December 7:2005 On behalf of the applicants, we wish to request rezoning of approximately 3.9 acres of property to Heavy Industrial. Approximately one month ago, your Board unanimously recommended to the City Council rezoning additional property for Heavy Industrial. The City Council likewise approved this rezoning unanimously. At your meeting, one young man expressed concern. He was John H. Hamilton who had recently moved to Olympic Heights, having purchased the residence formerly owned by Mr. and Mrs. Richard Koob. Mr. Hamilton had expressed concern that Heavy Industrial allows a multitude of uses, and he was unclear about the purpose for the rezoning request. We met with Mr. Hamilton and eXplained to him that a salvage yard was the only use being sought. On the basis of that explanation, he indicated that he had no objection to the rezoning request. You recommended rezoning and the City Council approved it. Likewise, there were no objectors at the City Council meeting and the request was approved 7 to O. We now come before you asking to rezone additional property. This property is the same or similar to our rezoning request made more than a year ago. The Commission recommended the rezoning at that time, but the City Council had concerns about screening. We believe that we have addressed the screening issue very extensively and that Mr. Kunde can satisfy the City and the neighbors that he is sensitive to their concerns and willing to do about anything necessary to show his good faith and willingness to be a good citizen. We enclose some documents for your consideration, including the letter that I wrote to the City Council for the previous rezoning which was approved. Planning & Zoning Commission December 5, 2005 Page 2 Thank you for your consideration. Very truly yours, JJB/km( 6) Ene. cc: Jl;ff Stiles, Chair Eugene Bird, Jr., Vice-Chair Martha Christ, Secretary Richard Schiltz Stephen Hardie Ken Bichell Ron Smith BITTER LAW OFFICES 485 Locust Street Dubuque, Iowa 52001 Joseph J. Bitter * Thomas A. Bitter * Also licensed in Illinois Phone: (563) 588-4608 Fax: (563) 588-0103 October 18, 2005 The Honorable Mayor and Members of the City Council City of Dubuque Iowa Re: Roger KundelNorth End Wrecking, Inc. Please consider this a brief summary of our position. .. 1. We submit that this is the perfect place for a salvage yard. A salvage yard has been in this same location for about 50 years. Roger Kunde operates a very orderly salvage yard. By nature, salvage yards are not neat and orderly like a flower garden, but we believe that Mr. Kunde has done about as good a job as can be expected of a salvage yard. The staff has been there numerous times and some of the members ofthe council have been there. 2. The Zoning Commission unanimously approved the rezoning request. 3. There is absolutely no other use for this property. It could never be used for any purpose other than undeveloped land, if not used as a salvage yard. 4. At the Zoning Commission there was one person who appeared who expressed concern. This is a young gentlemen who has recently moved on to Olympic Heights. We spoke with him at length after the zoning meeting, and he was very favorable to Mr. Kunde. He told us repeatedly how he was not opposed to expanding the salvage yard. His only concern was that the zoning requested could produce a lmge number of other possible uses, some of which were objectionable to him. We assured him that Mr. Kunde will never use this property for any of those other undesirable purposes. He appeared to be completely satisfied by that, and again we reiterate that he was not opposed to the rezoning for the purposes of a salvage yard. 5. The Zoning Commission wanted Mr. Kunde to agree to certain restrictions. Those restrictions were in our opinion very reasonable and Mr. Kunde agreed immediately to abide by them. Laura Carstens prepared the memorandum which Mr. Kunde signed immediately. The conditions are: The Honorable Mayor and Members of the City Council October 17,2005 Page 2 a) Maintain the existing vegetation. Mr. Kunde intends to do this and in fact has planted other vegetation in the form of fast growing trees which he hopes will screen the property even better than it is now screened. There is very little residential property within a reasonable distance, and Mr. Kunde will screen the fencing and vegetation to the satisfaction of the City. We believe that in dealings with the City staff in the recent past, he has shown his best intentions and that he is a man of his word. Mr. Kunde does not intend to remove any natural vegetation which will allow the few residences within 300 feet to view the salvage yard. We agree with the Staff report that states that "the proposed heavy industrial area is physically well separated from adjacent residential land uses." The City's concern that if the natural vegetative buffer is removed during development, the yard may be more visible to residential areas which, are in fact, quite some distance away. Mr. Kunde intends to lower the grade of the property at least six feet or more which will greatly reduce its visibility from the outside. North End Wrecking is so welled screened from the outside that many people are not aware of it, and very few people are aware of the salvage yard located behind the office building. b) No salvage material should be allowed south of the tree line. Mr. Kunde agrees. c) No buildings should be constructed on the prop,erty. 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,IOWA52001.8940 Joseph J. Bitter' Thomas A. Bitter Office: 583.588.4808 Fax: 563-588-0103 ResidenCE Joe: 563.582.176E Tom: 563-582-7545 . Also licensed in Illinois Client parking in rear October .11.2005 RE: Zoning Appeal on Property Owned by North End Auto Wrecking, Inc. NOl1h End ,'uto Wrecking. Inc and Il,oger Kunde. Ihe Principal and President, owns approxiJ118telv In parcels of real c'st<11t' sLlIToundin~ the husiness enlilv 'II s., IV 32,..1 Slreet in Dubuque, Iowa. North End Auto \-Vrecking, IIIC. has conduCled business '1llhis locill;on in e?,cess of ~(J years. The bu i lei i ngs of Ihis corporm ion arc l.ocat cd "n the 1eI',,1 are" 0 I' 1;1I1e1 . d' I d' \\' ',''''s Ill1me late y a .!aeen! to ". .'_ .. tree!. North End ..\UIO Wrecking. Inc is illlho business ot'purchasing. recycling, and reselling used autos and aulo pans. The husiness purchases IITedcd or disabled aulolllohiles. strips them 01' their usahle parts. then crushes thelll alld disposes of the relllaining body oflhe cat' 10 be used 1,)1' scrap. The salvageable pans are kept and inventoried by a COlllputel' lor resale. This process m~kes ilnecessarv II)!' the vehicles to be' Slored for a period of time while the pans flre being taken off and the vehicle is being dismantled. The Dubuque Planning & Zoning Commission quite recently has unanimously recommended rezoning of a portion of this propel1y, previously zoned R-l. The Zoning Commission un~nimously recommended rezoning of the propel1y to H-J. The matter then came before the City Council who unanimously accepted the recommcndation and approved the I'ewning to H-1. Roger Kunde now seeks to rezone appro,imately S,7S additional acres to 1,1-1. This propel'ly is needed ftlr his lousiness The prllpl'l't\' is located behind the huildings i1nd un properlY 10 Ihe NOI1h. The: I1I'I)P(:I'I\ is slilloundd '''llim'" sides h\' 11-1 propel'll' now h,'in~ useel hy Nonh End Auto \Vred:ill~. Inc In tilelr hllsint....ss. Oil tilt SOlll11 siek. 111t: propel'lv' IS ;ldp'LceI11 In properly owned b)' the CilY ,dT)lihuque Tile Cit\ ot' Dubuquc pmperly f"(II1[s \V 32'''' Slreet, i1nd consists of empty land plus some houses Ihm have heen purchased for destruction so as 10 milke way for the W. 32'''1 Street detention basin The request to rezone excludes a strip ol'ground around the NOrlh perimeter of the propeny, 100 feet in width. This property will remain agricultural, will be heavily planted iutrec's, and will serve as a wooded buffer zone between the salvage y"rd and Olympic Heighls Road on the NOI1h. As indicated l'Isc\\'here in rhi, leticr, the Cit)' ofDlIhuWle o\vns /impel'!)' to 1l1c South, adjacent to W. 32",1 Street. and ilhlllTing !"ol1h End's pl'()peny on the Sourh N\)t all of II Ie City's pl'Ol~eny will be necessary 1,)1' tlte cktentilln IJcbill. SOIlll' oCthe pruperty. that purtilln adjuining NUl'!h October 3 I, 200:; Re: NOl1h End Auto Wrecking, Inc. Page 2 End, may be available for North End to purchase or lease from the City for their salvage yard. We have met with the City Manager and stan: and the Manager has indicated a willingness to lease a pOl1ion oflhe City's properly 10 North End It)r salvage purposcs. In rcturn, the City 01' Dubuque wanlS and needs some of North End's propel1y to construct a road around the deiention basin. NOl1h End is willing to accommodate the City as part of a rezoning request and the lease/purchase of the unneeded Cily propcrty to North End. The propel1y in question has been used as part of the salvage yard since 1955. Arthal time, the propel1y was located within DubuCJue County, but outside of the limits of the City of Dubuque. When the City of Dubuque annexed the property, it was incorporated into the City as agricultural. Because North End has been in continuous possession and use of this propel1y since prior to zoning, the propel1y may be "grandfathered" in any event. Nevertheless, we make this zoning.request. We wish ro forego any ~Iaim of prior inconsistent use (grandfarhering). In the year 2001, Roger Kunde purchased the shares ol'stock in North End Auto Wrecking, Inc. and became tlie principal shareholder and President ol'Nol1h End. He continued to operate the salvage yard in ils same location. In mder It)r the salvage yard to be successttll and pJ'Osper, it must grow, and the land in question appears to US 10 be a n8lural use ol'the property. It is in t~lct, the only use to which the propcI1y can be put for all practical purposes Since Roger Kunde became the Principal ofNol1h End in 2001, he has lowered the grade of the rop of the hill significantly His plans call tar further reducing the hill by bel ween 6 and I:; feet. This will further reduce the visibility ol'the yard. The City Manager and several staiT members have been to this property, some of them several times I think they can vouch for tbe tact tbat Roger Kunde has done a good job of organizing the yard, updating it, and keeping it as neat and clean as can be expected of a salvage yard. Roger Kunde has been a good citizen and intends to continue in this tradition. Roger Kunde has taken substantial steps at his expense to re-route the flow of the water from this property into detention basins, consistent with the City's plan. Roger Kunde bas put in hundreds of feet of tile We believe that the water runoff situation is far better now than at allY time in the last 50 years. The property sought to be rez.oned rllns 10 Olvmpic lleights "tong the Norlh bOllne!iwy. Howevel-, the bull'er 7J,ne 01' 100 feel need not be rt'7.onl'e! and sholl Ie! rl'nwin in agl-iclIllural This is the butTer wnl' Ibat Ivill be planted heavilv intrl'es and rl'mainlloocled The City of Dubuque has had concerns in the past about screening the property fi-ol11 the view of others, including the I'ew houses on Olympic Heights that have any view of-the property. Roger Kunde agrees with the City's screening plans entirely, has taken substantial steps to screen and October 31, :?O05 Re: North End Auto Wrecking, Inc. Page 3 has placed fencing along the Northerly boundary. line. He has planted evergreen trees so that the propelty will have a thick, dense screen fi'om Olympic Heights. This process is ongoing, and Roger will continue to diligently screcnthe properlv 10 the satisfaction ol'the City This zoning request cal11e helllre the Planning &. Z(lning Commission in the spring oJ'2004. The Coml11issionunanimously approved the re7.0l1ing request, on condition that no building be erected on the site. Roger Kunde ('.ollCuITl,d with Ihis rcqlleSI. We believe Ihill one l11el11ber of the COl11mission was absent We will submit a l11ap showing the property which we seek to rezone, also showing the surroundil!g propelty owned by the City of Dubuque and NOlth End Auto W,:ecking, Inc./Roger Kunde. We \"ill be available to answer questions. ' Thank you fOl' your consideration. JJB/km ~~~E ~<k~ Oty of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPLICATION FORM o Variance DConditlonal Use Permit DAppeal . DSpedal Exception o Umited Setback Waiver llIRezoning tjPlanned District DPreliminary Plat DMlnor Final Plat DText Amendment DSimple Site Plan DMinor Site Plan o Major Site Plan o Major Final Plat OSimple Subdivision OAnnexatlon OTemporary Use Pennit OCertificate of Economic Non-Viability DCertificate of Appropriateness OOther. Please tvoe or olint leaiblv in Ink Property owner(s): North End Auto Wreck ing, Inc. Phone: 563-556-0044 Address: 55 W. 32nd St. Oty: Dubuque State:--1LZip: 52001 ~bj-~~~-U1Uj - Attorney Bitter Fax Number: 563-556-5097 Mobile/Cellular Number: .563-590-1652 Applicant/Agerit: Roger Kunde, Pres i dent Phone: 563-590-1652 Address: 55 W. 32nd St. Oty: Dubuque State:.1A-Zip: 52001 ~bj-~~~-Ul0j - 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 number{block number/subdivision): I nt 1 nf I nt nf Lot 1 of Oakwoorl in thp rity nf ollhllqllP. T nw' Total property (lot) area (square feet or acres): <; 7<; ,rrp< Desaibe proposal and reason necessary (attach a letter of explanation, if needed): Sep ,tt,rhprl lpttpr CERTIFICATION: I/we, the undersigned, do hereby certify that: 1. The information submitted herein Is true and correct to the best of my/our knowledge and upon submittal becomes public recond; 2. Fees a refundable and payment does not guarantee approval; and 3. All tional ritten and ra h;: materials are attached. Property wnerCs): Applicant,! Age . Date: /D~ B/~DS- Date: seph J. Bitter, 485 Locust, Dubuque, lA, 52001 -Phone: 563-588-4608 FOR OFFICE USE ONLY - APPUCATlON SUBMmAL CHECKUST Fee: Received by: DSite/sketch plan 0 Conceptual Development Plan DImprovement plans DDesign review project desaiption Date: Dphoto DAoor plan Docket: o Plat DOther: ~ 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. 1342(b)), Iowa Code 455B.174, and subrule 567--64.4(2), Iowa Administrative Code. A Notice ofIntent has been filed with the Iowa DepUltment 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 st01111 waler associated with industrial activity as defined in Part VIII of the Iowa Department of Natural Resources NPDES General Permit No.2 in accordance with the terms and conditions set forth in the permit. Owner: ROGER H. KUNDE NORTH END WRECKING, INC. 55 WEST 32ND STREET DUBUQUE IA 52001 (319)556-0044 Permit Coverage Issued To: NORTH END WRECKING, INC. 55 WEST 32ND STREET in DUBUQUE, DUBUQUE COUNTY located at -- ----1- ---- -r--- i - -----r Latitude ----~r--- -~--- LZmgl!UtlC ---.- lI4S~CIIOIl I Sel.:tton I Townslup I Rang:_~---:::-r---+'------I- - i Sel,;uuds [_~--~~_1;~~~-~~t8:_~~ _~-LL~~~~~- ~e_c~nds_ D_~ee=- _MmuteSJ=~_ Coverage Provided Through: NPDES Permit Discharge Authorization Number: Discharge Authorization Date: 9/30/2008 10724 - 10521 1/20/2006 Project Description: SITE DEVELOPMENT }-OR THE STORAGE OF SALVAGED CARS. LESS THAN 1 ACRE. WALLACE STATE OFFICE BUILDING / 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: Stonn Water Coordinator Iowa Department of Natural Resources 502 E. 9th St. Des Moines, IA 50319-0034 DNR Permit Nnmber: 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: dhqadvertiser@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 II, 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 stonn water discharge will be from storage of salvaged cars located in S. E. 114 Section-ll Township 89N. Range 02E, and N. E. 1/4 Section 14 Township 89N. Range 02E. Storm water will be discharged from three point source(s) and will be discharged to the following stream: B-Branch Catch Basin to Mississippi River. Comments may be submitted to the Stonn Water Discharge Coordinator, Iowa Department of Natural Resources, ~vironmenta1 Protection Division. Henry A. 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W. 13th Street Dubuque, IA 52001 (563) 589-4270 (563) 589-4205 FAX January 31,2006 Mr. Roger Kunde North End Auto Wrecking 55 W. 32nd Street Dubuque, Iowa 52001 pear Mr. Kunde, The purpose of this letter is to summarize my opinion of the .erosion concerns on your property at 55 W. 32nd Street, Dubuque, Iowa. As I stated when we met on your property, I didn't see any visual signs of erosion taking place on the embankment or the small diameter storm sewer pipes that outlet around the site. As we saw there was one area below one of the small diameter storm sewer outlets that should be monitored. A small rut indicates that erosion occurred at some time but vegetation in and around the rut suggests that it may not be a problem at this time. As we agreed, both North End Auto Wrecking and the City will monitor it this summer to see if erosion occurs. In the event that it does, the ditch would be armored. Sincerely, [)vt;J;~~ Deron Muehring, Civil Engineer Cc: Gus Psi hoyos, City Engineer Kyle Kritz, Associate Planner "0 E 0) ~ "0 0 ~ r::: 1 .... 0 r::: "- co N G~ w ~O) 0) J::. O)I a:::: :J 1 Q. 1:: ..... 0.- 0) 0 0) oI ~~ r co z ~ .0 .... 0 0 ~8 :E "- ..... a...... 0) en ..... "0 O)t) co r::: "0 r:::.- 0) ~ :J r::: ol:; .... ~ N N Ul <( ('t) 0)'- .- .... ....O"ti Ul "0 r::: 0) ~ 0- .- :!::: 0) OJ r-CO.... E Ul 0 .... ..... .- :J .!!! 0 0 0::: L() i::-;O a. L() ~ 0 .- > .;...; OJ .2 u- G .... +J'- co ll.. r::: r::: r::: .... .- CO'- 0 .9- en J:; u~ :;::::; .... <( Ul <jZ ._ u co U :J I ffiill[TI -0) a..... u Ul(.9"O H......... ........... ~$ 0 0) <{ r::: ........... ....J o - ':' I .:- '~l~J I,:,' I ':-fII 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 ot the trees and leveled the hilltop. Physical Characteristics: The area requested to be rezoned is approximately 3.9 acres ot 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-ot-way. Concurrence with Comprehensive Plan: Goal 3.1 otthe Land Use and Urban Design element states, 'To promote retention ot existing industrial property." Goal 4.1 states, 'To protect and preserve existing open space." Goal 6.1 states, 'To promote a compatible mix ot 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 northem slope ot the property that drains onto the public right-ot-way. Traffic Pattems/Counts: The expansion ot the proposed salvage vehicle storage area and should generate very little additional traffic. Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion control and storm water control is provided during all phases of development, and that the salvage materials are stored in such a manner as to be compliant with all state and federal regulations. Rezoning Staff Report - 55 W. 32"d Streetpage 2 Adjacent Properties: The expansion of the existing salvage vehicle storage yard to the north may have a two-fold impact to adjacent residential properties. First, a significant portion of the natural vegetation has been removed which makes some of the salvage yard more visible from those properties to the north along Olympic Heights and Hawkeye Drive. Secondly, expanding the salvage yard to the north places the salvage vehicles and industrial activity closer to adjacent residential properties. CIP Investments: None proposed. Staff Analysis: The applicant is proposing to expand an existing auto salvage yard to the north of its current hilltop location. The salvage yard has been in operation prior to its annexation to the City that occurred some time in the 1940s. The proposed expansion will be approximately 3.9 acres into an existing agriculturally zoned property. In anticipation of expanding the salvage operation, the applicant has done extensive grading on the hilltop just south of Olympic Heights Road and removed a large portion of the vegetative cover. This has opened the view to the salvage yard from residential properties on Olympic Heights and Hawkeye Drive. Subsequent to removal of the vegetation, the applicant has placed a 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 Sections 6-1.1 regarding criteria for granting a rezoning. Prepared by <h\"MF.&.LL'i- _owed ,r 1~" //- ~.oi; 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 .. 00. 00. 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'" .~.' <C C~(\jC>:2QlES6..!.bSl..!-Qj.n(ij~"'CZ'bo~.(I)'OOl cbcl:loc..6 'O..!.=3lii EC>:fi..!..umOa)-O ~ ~6 E -s~ _c:(-e.co~~B.E J]o15 OJ~~~ ....y...O;:l mSl3: 5 -~a.g!.e o:~ ow~ u~~58i 06~goo_~"'C ...Ql~$~~o $~~~~ ~~~~~ C>$....~a~~~~O ~~>Q)-6Eg "~....0l~.....5>-u~"'C$..l::tllLL8lii()>5: ccu:E:j:;O 15..'E:.e:J('i:l 2coal(J~5Q)(I)lB ~o~fr5(\j~~~m~co-ei~EESl5"'CO-E~E ~oEO~ ~~mt~5m ~_~o ~E~~ gZ!.5 Utoto~<(;; ~~BO ~~ ~ ~g~~ ~--,-B6 >-m E ~~~1Il~ ffilll~~~~~ ~ ~ ~ 5~~:f1 ~~ ~~1Il6~~~e~~~~~O~~9I~~~g~~~~~Eo 8~~~~ ~E~ffi~~~~~~~~~~~BU)~~ ....__ 3;::C'~~ ........... 0>3;.... 00.... ~O..... .t:l..Cl- ~ - u-tO<py.!U-OOO 'co~ "';:: ~~~ 0)_ ~ ~-5:3]j ~;~~ ~ll)(!)I tO~ OIEC'\l ~s -g c 2 m >- 0 ~ ~;1 ~ ~"O~ ~ ~(d:€-g >-gJg@u-O o~~=u~E~u3:~~~82ll)~ou~~ag5~:0>~~~~B~ffi~u~~m~~"O~3~6ll)CO~~ ~ ~ O.....5~8~~o~-ggQ)~toE:S~~3 ~~u~~~~c ~~.....~oo>~~c~g~~ 8M~~ ~ (3 z:58 6..8 5cr~ 8 ~~ 5-~-g,gs6&~8 ~~ 85-ai ;g,g~ 02<( 6.-g~1l gj<( S.~51:of1~~i~ ;= ( u .- - .c, ::> p., >, '"' '" ~ o Z 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". !hx:~wn;n 145~mPd,lt5 6/f:6~i'~~Ht ~ A ~/vIMJ~ /fQt.d<t~ H~, , \," ~ I-<-,\..J, ~li~\~t'1Hb " ".;..( {~_.!:::! ....- 'V~'.... ;Jl..L,', ': ;S , . I, , /3, v:l/ ,~..i, &D f-h1u,u~ H1S 53 '-vI ':V:--')m/Y'I1-'L 14D \-fu~ ~, 'iSe2. ~ Ht'..:> tf~ F cxJf~i ()\~f1\pC I-It.:> ~l ~~ >7<-Jz.v ~ joo O~1i. HIs Jc1; 11\.' r-t,!.Ac"C,< ( lf850JjfYl{Ji(' I-Itj I /) '/Jc' I VIlA,A. ! " ,(/).7) '--.., L/&50Itfn'fKHt:5 , :~~1) /?,~,.uf Lf%50Lyrupdf!g0 ~' ~" ~ '. ~_._" - -~_. ~'~.~/ ',~6, " %4C~rnplL H\:J, , \", '//;.)/ " '\2" ~:! ~~' '71~ 3J70~n1{)l(: Uf:>, ?7I~J l3if.J. ':~J76~nlpi His tl~,-,' " J~,~",(~:~~~"f~,,' . ' - qJ-.<;:" , ,^ .J) },: ((,7 'tl. Jlru(l~. L ~"l/7..R j;J~.~.j1'?6JJ--'~ . f?tLP,b 7A-C/'fi (? }lroflrjJ1/'~/J;x ~,. " '&, ~ ''>e{..." 0~-4:'w:1 1'/ " 'P"'f~ Itt1s ",PY-i-rv !! ~a..(~iil ((JII<j)1( ifst(; (kj(,~~/-~ :-., $C''',;.''jW(' '-' b.t:> " ~ /"i" fi:u/)'//i<// /; //;7 tI February 8, 2006 The Honorable Roy Buol and City Council C/O City Clerk City Hall" 13th S1. Dubuque, fA. 52001 Honorable Mayor and Council: RE: Rezoning by Roger Kunde a.k.a. North End Auto Wrecking of parcels on West 3200 S1. 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, (fad ~ C44<-td Paul 1. Uhlrich 480 Olympic Heights Rd. Dubuque, IA. 52001 Encl: Letter dated September 8, 2004 NOV-Z9-2005 rJ~ "3:28 p~ DBQ, ~ITY CLER~ FAY. ~C, 563 589 0890 P. C2 - - ;..... ~.- ':~:-1'1'.. /~.~.;/~' r::-; -_-C: September 8, 2004 The &nonbIc Mayor aad City Couneil C/O City Clak City Hall 13. Streit Dubuque, IA. 52001 Ladiea and Oeademca: kE: r--... by aop' Kunde ..k... North End Aulo WnllltiDa of pan:e\I 011 West 3Z- Sl &am Il- J. Relidemi.. to Heavy Indullria1. I IDIltrqly ...,.p-d to tile lW.llIIirw oflllil belUlilUllUIt cIiYliiop OIIlbe bIuft: I bave no objeetioa to tba pr_ wrecki..... tba _ .....I""'I....cI iIIulonlhe 00"""- to IRIbIiIla . burm and Malrity pII' prcviouIIy pIIIeIt ~ SinI:e, he bu purcbued . prGpmy wItlllhe aYOMCI jaqat ofbulldi.. a nIid"CJ, 110_ he bu \htInd tbis property with sllUlDbet otWNCbd ...~ ..lea. Thi. i. ill direct violalioo ofa City of DUbuqu,',lteAdentlal-u., ~. He hu tried to open . ~ yw4 on Julien Dulluqua Drive which you IllIIled down. TlIiI ... ClQ Thirty MCOIlcI stnet is a1lmch more ftt !oeIlion lbr r-ld-liol ZOlIlna tIIUI tile old lJ S ChemicaJ plUlt_ I urge tIIa you decliDe biJ request to _e t!Ii. belutifW resideatial ud qriwllural _. Tbaak you, (p.pJ[.j: UI/kI Paul J. UhIrich 49 0Iy1!lpic newu Road. Dubuque. ....... 5200 J. HONERABLE MAYOR AND CITY COUNCIL MEMBERS My name is Dan McDermott and I am Co-owner of McDermott Bros Construction. I am currently building the home on the property directly across from North End Wrecking on Olympic Heights Road/Hawkeye Heights. I am very concerned with the proposed rezoning of the the North End Wrecking land from Agriculture to Heavy Industrial. I have had numerous Viewers of this well built home state" What in the world is over there" as they Point in the direction of North End Wrecking. They love the house but Don't want anything to do with the " salvaged vehicles" staring right At them. I feel this rezoning would be very detrimental to my business. Please listen to myself and the current neighbors and vote this "NO". Please give me a call with any questions you may have for me. 582-6577. j!4.. tfJ u2uu.t~ Dan McDermott McDermott Brothers Construction -....,. ..,,1 BITTER LAW OFFICES 485 LOCUST STREET DUBUOUE, IDWA 52001.6940 Joseph J. Bitter' Thomas A. Bitter Ollice: 563.588.4608 Fax: 563.588.0103 Residence Joe: 563.562.1768 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 milke 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 penn its 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 eliminated. In addition, Mr. Kunde is in the process of constructing a fence along the northeast side of the property. Presently, he is filling in along the perimeter in the northeast comer so that the berm can be constructed. This will be completed by the year 2008. ~v1r. Kun.de and 1v1r. SinIon will be present at the 111eeting to a11S\^/er ailY questions. Vie trust that staff will be present also should there be any concerns. Zoning Advisory Commission January 31, 2006 Page 3 Thank you for your past considerations and for your careful attention to this request. Very truly yours, JJB/km(6) Ene. cc: Jeff Stiles, Chair Eugene Bird, Jr., Vice-Chair Martha Christ, Secretary Richard Schiltz Stephen Hardie Ken Bichell Ron Smith BITTER LAW OFFICES 485 LOCUST STREET DUBUQUE, IOWA 52001-6940 Joseph J. Bitter' Thomas A. Bitter Office: 563-588-4608 Fa" 563-588-0103 Residenc Joe: 563-582.176 Tom: 563-582-754 'Also licensed in Illinois Client parking in rear December 5, 2005 Planning & Zoning Commission City of Dubuque City Hall 50 West 13tl1 St. Dubuque, IA 52001 RE: North End WreckingIRoger Kunde Rezoning Request Now Scheduled for December 7, 2005 On behalf of the applicants, we wish to request rezoning of approximately 3.9 acres of property to Heavy Industrial. Approximately one month ago, your Board unanimously recommended to the City Council rezoning additional property for Heavy Industrial. The City Council likewise approved this rezoning unanimously. At your meeting, one young man expressed concern. He was John H Hamilton who had recently moved to Olympic Heights, having purchased the residence formerly owned by Mr. and Mrs. Richard Koob. Mr. Hamilton had expressed concern that Heavy Industrial allows a multitude of uses, and he was unclear about the purpose for the rezoning request. We met with Mr. Hamilton and eXplained to him that a salvage yard was the only use being sought. On the basis of that explanation, he indicated that he had no objection to the rezoning request. You recommended rezoning and the City Council approved it. Likewise, there were no obj ectors at the City Council meeting and the request was approved 7 to O. We now come before you asking to rezone additional property. This property is the same or similar to our rezoning request made more than a year ago. The Commission recommended the rezoning at that time, but the City Council had concerns about screening. We believe that we have addressed the screening issue very extensively and that Mr. Kunde can satisfy the City and the neighbors that he is sensitive to their concerns and willing to do about anything necessary to show his good faith and willingness to be a good citizen. We enclose some documents for your consideration, including the letter that I wrote to the City Council for the previous rezoning which was approved . Planning & Zoning Commission December 5, 2005 Page 2 Thank you for your consideration. Very truly yours, J~ -' 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 of a salvage yard. The staff has been there numerous times and some of the members of the council have been there. 2. The Zoning Commission unanimously approved the rezoning request. 3. There is absolutely no other use for this property. It could never be used for any purpose other than undeveloped land, if not used as a salvage yard. 4. At the Zoning Commission there was one person who appeared who expressed concern. This is a young gentlemen who has recently moved on to Olympic Heights. We spoke with him at length after the zoning meeting, and he was very favorable to Mr. Kunde. He told us repeatedly how he was not opposed to expanding the salvage yard. His only concern was that the zoning requested could produce a lurge number of other possible uses, some of which were objectionable to him. We assured him that Mr. Kunde will never use this property for any of those other undesirable purposes. He appeared to be completely satisfied by that, and again we reiterate that he was not opposed to the rezoning for the purposes of a salvage yard. 5. The Zoning Commission wanted Mr. Kunde to agree to certain restrictions. Those restrictions were in our opinion very reasonable and Mr. Kunde agreed immediately to abide by them. Laura Carstens prepared the memorandum which Mr. Kunde signed immediately. The conditions are: The Honorable Mayor and Members of the City Council October 17,2005 Page 2 a) Maintain the existing vegetation. Mr. Kunde intends to do this and in fact has planted other vegetation in the form of fast growing trees which he hopes will screen the property even better than it is now screened. There is very little residential property within a reasonable distance, and Mr. Kunde will screen the fencing and vegetation to the satisfaction of the City. We believe that in dealings with the City staff in the recent past, he has shown his best intentions and that he is a man of his word. Mr. Kunde does not intend to remove any natural vegetation which will allow the few residences within 300 feet to view the salvage yard. We agree with the Staff report that states that "the proposed heavy industrial area is physically well separated from adjacent residential land uses." The City's concern that if the natural vegetative buffer is removed during development, the yard may be more visible to residential rn:eas which, are in fact, quite some distance away. Mr. Kunde intends to lower the grade of the property at least six feet or more which will greatly reduce its visibility from the outside. North End Wrecking is so welled screened from the outside that many people are not aware of it, and very few people are aware of the salvage yard located behind the office building. b) No salvage material should be allowed south of the tree line. Mr. Kunde agrees. c) No buildings should be constructed on the prop,orty. Mr. Kunde agrees. 6. This property will be surrounded by property owned by Mr. KundeINorth 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. KWlde 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. JJB/jt/2 Very truly yours, Joseph 1. Bitter Bitter Law Office BITTER LAW OfFICES 485 LOCUST STREET DUBUQUE, IOWA 52001.6940 Joseph J. Bitter' Thomas A. Bitter Office: 563-588.4608 Fax: 563.588.0103 Residenc Joe: 563.582.17E Tom: 563.582.754 . Also licensed in Illinois Clienlparking in rear October .11. :005 RE: Zoning Appeal on Property Owned by North End Auto Wrecking. Inc. N0I1h End '\uIO Wree~ing, Inc. and Roger I<unde. Ihe Principal <lml I'residenl. owns approximate'I}' 10 pnn.-'.e1s ofrenl estnlc StIr-rounding the husiness l'lllil.V ,'11 ;~ \\1 J21ltl Slrecl in Dubuque,lolI'a. Nonh [nd '\Ul0 \Vrecking, Inc. has conduCled business "llhis location in excess onn years. The buildin~~ oflhis corporation arc loeatcd ,lnlhe !cI.t'1 Ilre,1 of land immediately adjacent 10 W. 32'" Stree\. . Nonh End Auto \.Vrccking, Inc. is ill the business of purchosing. recyclilig. (lnd reselling used autos and l!llto pans. The business purchases wrecked or disahled aulomohiles, strips Ihem of their usahle pilrtS, thcn crushcs them and disposes of the rcmilining hody or'[he car to be used 1,)1" scrap. The silll'ilgeable parts are kepr and inventoried by a computer for reSide. This process makes il neGeSSilrv I"r the vehicles to be' slored for a period oftil1)(: while Ihe pilrls arc being taken ot'filnd the vehicle is being dismanlled. The Dubuque I'lanning & Zoning Commission quite recently has unanimously recommended rezoning of a por1ion of this propel1y, previously zoned R-l. The Zoning Commission unanimously recommended rezoning oflhe proper1y to H-1. The matter then came before the Citv Council \vho unilnimously ilcceptect the recomll1endiltion and ilpj1rovecl the !"e7.0nim~to H-I .'. - Roge!" Kunde now seeks to rezone ;'lppmxil11i1tel)' :'7.' ilcldit;onal acr-::s 10 1,1-1 Thi., property is needed fl)r ilis business. Tile prupG'"tV is locilled beilindlhe hllildings i,ncl un propGJ"lV 10 Ihe Nor1h. The pr,)jK""!\' is slirrCH1!1(kLl t"Hl !!1rt:e sicks h\ H-I prOpt~n.v now h('jll~ u;"-;ccl hy f\!onh End Auto \:Vreckill~. Inc. in lill'lr hllSil:l'SS. Oil tilt SOt!l11 ~;id('. 111L' prnpE'l'lv IS ~l(ll;H'l'llj In propcny owned by rhe eitv "t'DlIhuque The (',1\' ul'[}lIbllllllt' propenv li'onls \11 .1:"'" Slreet. illlcl . consists ofel11j1t)' lal1d plus some houses thm have ileen pu!"ehased for desr!"uetion so as to make WilY for Ihe W. 32'''' Street detention bilsin The ,.equest to rezone excludes a slrip of ground ilround tile Nonil perimeler of tile propel1)', 100 t'eet in width. This property will rel11ain agricultural. will he heavily planted in I,.ees, and will serve as il wooded bulYer zone between the salvage ya,.d ctnd OIYl11pic Heights Rom! on Ihe Nonil. As indicate-cl cisc\\'!1cre in this lc!tl~r. the City of Duhuq:.iC owns propcr!.\ !o lhe Sourh, :~djaccni to W. 32'''' SI,.e,,!. i1nd ahlllling North ['mi's propel'ly on the SUlIrh N'll ~ll or!l1e City's I)roperty will be nec,'ssilry i"r II,e detention ['iI,ill Some 01'11)(' [1I"()1"','ly. Ih,,1 !lllrtioll ndjllining North October 3 I, :W05 Re: North End Auto Wrecking, Inc Page 2 End, may be available for North End to purchase or lease f,'om the City for their salvage yard. We have met with the City Manager alld stan: and the Manager has indicated a willingness to lease a pOJ1ion of the City's property to North End It)r salvage purposes. In return, the Gly of Dubuque wants and needs some of North End's propcI1y to construct a road around the detention basin. NOl1h lond is willing to accommodate the City as pan ofa rezoning request and the lease/purchase of the unneeded Cily propcrty to North End. The propel1y in question has been used as part of the salvage yard since 1955. At that time, the propeJ1y 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 property may be "grandfathered" in any event. NeVeJ1heless, we make this zoning:request. We wish to forego any ~Iailll of prior inconsist~nt use (gmndf}lIhering). In the year 200 I, Roger Kunde purchased the shares of stock in NOI.th End Auto Wrecking, Inc. and became the principal shareholder and President ofNonh End. He cOlllinued to operate the salvage yard in its same location. In order I'or the salvage yard to be successllll and prosper, it must grow, and the land in question appears to us to he a natural use of the property It is in [}ICI, the only use to which the propcI1y can be put for all practical purposes. Since Roger Kunde became the Principal of NOl1h End in 200 I, he has lowered the grade of the top of the hill significantly. His plans G"II far tt,rther reducing the hill hy hetween 6 and 15 feet. This will further reducL' Ihe visihility oflhe yard. The City Manager and several stafT members havc becn to this property, some of them several times. I think they can vouch for the fact that Roger Kunde has done a good job of ol'ganizing the yard, upd"ting it, and keeping it as neat and clean as can be expected ofa salvage yard. Roger Kunde has been a good citizen and intends to c.ontinue in this tradition. Roger Kunde has taken substantial steps at his expense to re-route the flow of the water fr'OIll this propeny into detention basins, consistent with the City's plan. Roger Kunde has put in hundreds of feet of tile. We believe that the water I'unoffsituation is far better now than at any time in the last 50 years. The properly sought to he rezoned rllns 10 Oll'mpic Ileighls ,dong Ihe North houndary However,lhe bulTer zone ot' 100 fe('[need nul be rl?,uncd and should rcmain ill agl'ie~lltur"l This is the bulrcT ?One that will hc' plan!ed Iwovilv ill !rees and remain \\oncled The City of DLibuque hns IUld concerns ill the pHst Clhou! screening the property fl-om the view of mhel'" including the t'ew houses on Olympic Heights that have any view of the property. Roger Kunde agrees with the City's screening plans entirely, has taken substantial steps to screen and October 3 I, 2005 Re: N0I1h End Auto Wrecking, Inc. Page .3 has placed fencing along the NOl1herly boundary line. He has planted evergreen trees so that the propel1y will have a thick, dense screen from Olympic Heights. This process is ongoing, and Roger will continue to diligently screcnlhe propcl1.V 10 the satisfaction o/'Ihe Cily This zoning request came be/hre the I'lonning &. Zoning Commission inlhe spring 0/'2004. The Commission unonimously approvedlhe rezoning request, on condilionlhalno building be erected onlhe sile. Roger Kunde c:oncIIITc~d wilh lhis request. We believe I hill one member of the Commission was absenl We will submit a map showing the property which we seek to rezone, also showing lhe surroundil)g propel1y owned by the City of Dubuque and N0I1h End Auto Wrecking, Inc./Roger Kunde. We will be available to answer questions. Thank you for your consideration. J.JB/km D~~~E ~<k~ Oty of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPLICATION FORM o Variance OConditional Use Permit OAppeal . OSpedal Exception OUmited Setback Waiver lil Rezoning t:i Planned District OPrelimlnary Plat OMlnor Final Plat OText Amendment OSimple Site Plan OMlnor Site Plan o Major Site Plan o Major Final Plat OSimple Subdivision OAnnexation OTemporary Use Permit OCertiftcate of Economic Non-Viabliity OCertiftcate of Appropriateness OOther: Please tvoe or orint leaiblv in ink Propertyowner(s): North End Auto Wrecking, Inc. Phone: 563-556-0044 Address: 55 W. 32nd St. Oty: Dubuque State:~Zip: 52001 ~bj-~ee-Ol03 - Attorney Bitter Fax Number: 563-556-5097 Mobile/Cellular Number: 563-590-1652 Applicant/Agent: Roger Kunde, President Address: 55 W. 32nd St. ~bj-~BB-Ol03 - Attorney Fax Number: 563-556-5097 Phone: 563-590-1652 Oty: Dubuque Bitter Mobile/Cellular Number: State: ..lL Zip: 52001 563-590-1652 Site location/address: 55 W. 32nd St. Existing zoning: AG Proposed zoning: H. In d Historic District: Landmark: Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): I nt 1 nf I nt 1 nf Lot 1 of Oakwnnri in thp rity nf nllhllqllP. Tnwo Total property (lot) area (square feet or acres): <; 7<; orrp< Describe proposal and reason necessary (attach a letter of explanation, if needed): See attorhprl lpttpr CERTIFICATION: I/we, the undersigned, do hereby certify that: 1. The information submitted herein is true and correct to the bo..sl: of my/our knowledge and upon submittal becomes public record; 2. Fees a refundable and payment does not guarantee approval; and 3. All I:lditional ritten and Ie materials are attached. Property wner(s): Applicant! Agen . Date: IDr o/~{)S- Date: J. Bitter, 485 Locust, Dubuque, lA, 52001 -Phone: 563-588-4608 FOR OFFICE USE ONLY -APPLICATION SUBMmAL CHECKUST Fee: Received by: DSite/sketch plan 0 Conceptual Development Plan Dlmprovement plans DDesign review proj~ cF..scription Date: o Photo DFloor plan Docket: DPlat DOther: ~ STATE OF I VV~ DEPARTMENT OF NATURAL RESOURCES THOMAS J. VILSACK, GOVERNOR SALLY J. PEDERSON, LT. GOVERNOR JE..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 constmction acti vity 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 of Intent has been filed with the Iowa Department of Natural Resources that this storm water discharge complies with the terms and conditions of NPDES General Permit No.2. Authorization is hereby issued to discharge stom] water associated with industrial activity as defined in Part VIII of the Iowa Department of Natural Resources NPDES General Permit No.2 in accordance with the telms and conditions set forth in the permit. Owner: ROGER H. KUNDE NORTH END WRECKING, INC. 55 WEST 32ND STREET DUBUQUE IA 52001 (319)556-0044 Permit Coverage Issued To: NORTH END WRECKING, INC, 55 WEST 32ND STREET in DUBUQUE, DUBUQUE COUNTY located at r "::"' f~t:I.: Degrees Latitude -------.-~-;;gjlu.~k.-----l ----:::i--- ------ --- - -T--- _I ~~~~~_ !~~ds~ ~~~~-I-MlIlulc:> j Sel,;uild~.; I I i I - - -----1____J Coverage Provided Through: NPDES Permit Discharge Authorization Number: Discharge Authorization Date: 9/30/2008 10724 - 10521 1/2012006 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: Storm Water Coordinator Iowa Department of Natural Resources 502 E. 9th St. Des Moines, IA 503 I 9-0034 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@dbqadvertiseLcom 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 to the Iowa Department of Natural Resources 10 be covered under NPDES General Permit No.2 for "Stonn Water Discharges Associated with Industrial Activity for Construction Activities." The storm water discharge will be from storage of salvaged cars localed in S. E. 1/4 Section 11 Township 89N. Range 02E, and N. E. 1/4 Section ]4 Township 89N, Range 02E. Storm water will be discharged from three paim source(s) and will be discharged (0 the following stream: B.Branch Catch Basin to Mississippi River. Comments may be submiued to the Stonn Water Discharge Coordinator, Iowa Department of Natural Resources, Environmental Protection Division, Henry A. Wallace Building, 502 East Ninth Street, Des Moines, IA 50319-0034. The public may review the Notice of Intent from 8 a,m, to 4:30 p.m., Monday through Friday, at the above address after it has been received by the department. oj ::: .s-"-' 0 d e 0 l:l " " " "f s: '" 5 ~ g. 0 ::: '" s: - o 0Il~ 0. . 0 :>: .- CIl ",0 J ~ "-' s:'" - '" 0"" ~ '2 l:l a 1l s f ::: ;:l 0 ::s t::l.t Q) "'Cl EI'2 U ~ '" ;:l .- '" 0 0.. CJ'" ro._ U " '" "'" ;:l o s:,B ::: OIl " 0- U " ::l'- !il g~1 ;:l :::0"" .g Z "" '" ""tl 0 !il ""-'..::: 1)<::} 0 .... s:"" O'~..1l 00 .... "'" '8]€:g~ <8 .. <: ....N rr.; o::r: ::l 0. () <8 "" rr.; u ~..:::8rJi ] a .... -.- '"" .... g. "~ .5 =:i <8 I;b" " t; ;:J .S .". ~ ~ &.~ ~ ~\~ ~ l:l<l,Bo] "" ~.. ~ 0 Of-<::l ::: :.to". OIl"O""\O" ~ Z ~.;3~]o E-- 0 ..... ~ 0 U 0 .... SO>'t3N <Z "'" ~ [s'-::: cd It"'l'' <: "'''::: U " !a ~~ U ~"~]-5 .... aJ ,D +-> +-> ::s OJ" 00. "" ;:l ::: '" a .... .5 o..-.,s 8"-' ....u "'" ..':l."" -. " 0 c:: ::: "<C" .... >-. ~~ "" ~ o..c=._ a3 <8 '" .- lZl t::: U 01d:'=:lU1d ~~ ....!.l:;..cu"d ~O' ~ 8<::l >-. OIl " 0...0::: ::r: 8 ::: ,,'- E--~ o .... ~ cd .- Q) 0 <~ ...c:~1d..c::::::: '': ....... ........... 0 () E--~ cdO::Scd~ '" ~-e~" ..0 '" rr.;~ _" a'u..9.,s b3:.s ~~~ii1~u&rgus. G.!~':il~i!!!ii~~~. ",0( !-i1 !., .i"ll .' 'l! ~.1 t! I <.' :101;> so- ., us ~;o S .. '~il . ~2.: ~ miill~ -. 1;"" 1Il I: ~ j: .' ~~f:.8!~ '. ", :a11esi' ~ . i~'l1h;;l,,;; , - , """'r;.r.....:.~ ,- Land I Building Octo. I Sketch Owner /Values I Owner History I PARCELlD lo.l~~., 101422SOO1 101422b004 10142..?6005 1014226007 1014226008 1011453002 1014226009 1014226014 14276023 1014201001 1014152004 1013334015 1 034430019 1 0264S3OO1 1025354002 1020214011 1023477015 1028108014 1035309005 lOut Buildings I GeneralDatc I OWNERS NAME 1 i NORTH END AUTO WRECKING NORTH END AUTO WRECKING INC NORTH END AUTO WRECKING INC NORTH END AUTO WRECKING INC NORTH END AUTO WRECKING INC. NORTH END AUTO WRECKING INC NORTH END AUTO WRECKING INC NORTH END AUTO WRECKING INC NORTH END AUTO WRECYJNG INC NORTH END AUTO WRECKING INC NORTH END AUTO WRECKING INC NORTH GRANDVlEW ESTATES LLC NORTH, JUSTIN K. KlRBY,ANGElA NORTHOUSE, ROBERT F ~JANET C NORTHRUP, CHARLES C JR ~ JANE NORTHRUP, RITA M NORTON, ClARENCE L ~ DIANNE M NORTON, CRAIG 0 NORTON, DAN N ~ ZIEMAN, AMY B NORTON, DR TERRENCE J JR ~ frevious I HOld ~Slarll ~ e 1$1 0 . SPa/eels I ../ D.K I Income I Market I Permitl Sales I Protile I. Notes 1,1 '., __.__..__J MAPIBLOCKILOT I SORT PROPERTY 3275 CENTRAL A' \9 lxil I? <:- Add .., ~aY" ; Calc ~ Photo ~ ERe M.'J2.~'''I'' J.~. ~a~~l Parcellnde. IOWNERS NAME 1 ?{j !l.uery I Illiil !.isl I Enter Criteria to choose OwneJ N arne I MAP/BLOCKJlOT U I l:\ PlOpelly Addr... I PAR CELIO I l:\ ROUTING NO I ~ Cla~s I 9 Whalll , C;;;d"---"i.~:~~ I""':;~- i r ~.2..l r ------,-.-- CL t k1 ,;h' "', , tyler iii./- ", ~n~i5~(li 12:54PM 185 32ND ST W 17532ND STW 55 32ND ST W ~GRANDVlEIt 2525 JACKSON 2697 KNOB HILL 409 GRANDVIEV 201 DILLON 520 STEWART 1053 VERNON 1555 DONOVAN I 735 CARRIAGE H ~ X Rel"" I I tlJANNUAl REPORT FOR 2...1 "':. -\"/~~"t.. I'. , ' '" 'tiC"""'-. " \~ , "\ \!\,~\ ;~,I'. \~ ,oi><'\ .",.~. .' ",--" JIIIf' . \- '''a'~ ,'".;.:>" _ ".;_ ~,.,;..~:''': .;1 .'. ,'" , ." ""," "','ow. t' >.&',,':'1. \~'\. .:r~~.'i1L'<":';'oO' i!k~,,:l ~'~j, :;.~?:t,.i;~'-~u:~~ . . MEMORANDUM OF AGREEMENT Pursuant to the lowa 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 Prooertv. 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) RecordinCl. 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. /5 ,/'" , / / / / ."---" / / /~-"~----- / . ~-- .__-r.6- _-~ 0 ---- N --- I .... .... ";::: a. III <I) "C C ::J .>0:: - >- ::J -----~. Ql 0. -- / .,/' " . -' -- <( -'I- .;/" I "" : - .1 CO - :r: IX W / ...",--- ~ / ----..-.-:llIlZ--.---- /- (' \ \ , "C <I) c 2 <I) 0:: <I) .c o .... \, ~\ <;J<;Jcorr. \ \ o 2 I \.~ I \: " il ,. Ii ii h " f; " v- I: !; r: ~ n I. ,. ~ , ~ Ij !l ~ I: I " j; ;- ii " 11 4 ~ .-4- ii 8 ". \, III ~ <( \ \. '\\\ \ "'\ \ \ \ \ ." ~ o <( '<t x e a. a. <( .~ _....-u liIr--'-- .. \. 0103 C <I) .- .... C .... OC/) N \Cl)"C o::C N (1)<') "C . ,... '> \ . '. \\ .. \ ,\ \ '.. \ '\ '\ \, \\.. \ /\ . \\\\\\\/. \ \ \\ ~ . ----:&,.-.., "";cm--'-'" -. .... <I) <I) lL \. l: l 1\ o o N, ! 01 0' .... 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 i' .~ Residence Joe: 563-582-1768 Tom: 563-582-7545 ~Also licensed in Illinois Client parking in rear February 20, 2006 Honorable Mayor and Council Members City Hall Dubuque, Iowa 52001 On behalf of Northend Wrecking and Roger Kunde we hereby respectfully request that the Rezoning Application now scheduled for Monday, February 20, 2006 be postponed to a later date approximately 30 days away. The postponement will allow members of the Council to better have an opportunity to view the premises, see the operation first hand, and inspect how the owner is attempting to screen the property and protect the rights of residential neighbors. 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. ~----- 1/ >>y t ~___i/ --Uoseph J. Bit r ours, .. 00 00 -.,.., ;;;.. E-- <z ~~ 00 ....u ~~ O~ ~o E--~ <~ ~~ z o ..... E- < U ..... ..... ~ ;:;l =- ""' o z o ..... E- < U ..... ""' ..... E- ~ "" u S>>bJ) .-.J::J ~ 'i;j OJ'" cd....... l-t ::> :> ;:l OJ 0 ;.;>- U...c:....... .9,~ ~"O C ~ ~"" cd ctl 0 Il) =' t) --5 u c: ~ c: = Il) 0 0 -,.., ODE l-t {J') 4-< cd I1J = 0 -+-' 0.. . o l-t r/J eo 00 '.;::j Il.)...... 0..'7' i:\S 0.. '-' iZl . 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Roger Kunde, owner of North End Wrecking, Inc is once again requesting a rezoning change of several acres from agriculture to Heavy Industrial. As you may recall, the city council members unanimously denied this request on September 20, 2004. Much to our dismay, things have not improved since the previous meeting. Some of the reasons given that evening for denying Mr. Kunde his past rezoning request were as followed. A. Pat Cline believed there was no room for salvage Expansion and environmental contamination. B. Ann Michalski felt it was a terrible idea to expand in the city and it was like putting a gun to your head. C. Joyce Connors stated Mr. Kunde historically lacks Accountability for his actions. D. Roy Buol felt it would decrease home property Values. We oppose the rezoning for the following reasons: -Noise -Degration of view -Environmental concerns -Devaluation of home property -Continued zoning violations Since Roger Kunde purchased North End Wrecking he has continued to solid fill to the North to expand his operation. Noise has increased dramatically with this. If this area would be rezoned heavy industrial, we feel it could only become worse. In the process of adding all the solid fill, Mr. Kunde has efficiently destroyed the natural screening barrier that was present prior to his acquisition of the North End Wrecking property. Where we once viewed a wooded hillside from our home we now view salvage. With the expansion of the salvage operation large amounts of run off mud is now displaced onto Olympic Heights road and Hwy 52 North. After any modest rainfall, city crews must clean the mess up. We don't feel the taxpayers should be billed for North End Wrecking, Inc's expansion. The zoning advisory commission had required Mr. Kunde to obtain a NPDES permit, which he did acquire. In corresponding with the Iowa Department of Natural Resources. several items were addressed and not addressed. The permit obtained is for construction on less than 1 acre. It requires him to control the erosion and sediment loss from the process. North End Wrecking Inc. estimated finish date on project is Spring 2009. Iowa DNR employee Joe Griffin stated that storm water would likely continue as it is presently draining which is on Highway 52 North. ~At the present time the storm sewer on Hwy 52 North below Olympic Heights road is filled with mud" stated Kyle Kritz, city planner, at the December 5en, 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 _IJ violation. Salvage continues to be visible with stacks of cars over the fencing on the east side of the property ~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 ~solven 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 . ,~ -A ~)jJ,,~ l,k+t~ \l1Y(\iQQ 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 plarining@cityofdubuque.org www.cityofdubuque.org l' DD~~E ~<k~ " (, C vI ' --, \ ...J r \ ". \..' '-) C) December 1, 2004 CERTIFIED MAIL Roger Kunde North End Auto Wrecking, Inc. 55 W. 32nd Street DubuquelA 52001 SUBJECT: CODE COMPLIANCE FOR NORTH END AUTO WRECKING PROPERTY Dear Mr. Kunde: Recent inspections of your property revealed violations of the City Zoning Ordinance and Chapter 29 of the City Code. VIOLATIONS: Inspection revealed that junk and salvage vehicles are being stored on property that is zoned R-1 Single-Family Residential and AG Agricultural. Junk and salvage operations are limited to HI Heavy Industrial zoned property. Inspection further revealed that junk and salvage vehicles are encroaching on City-owned property. Inspection also revealed that junk and salvage vehicles are not screened from view outside the premises. ORDER TO COMPLY: To ensure that the North End Auto Wrecking, Inc. property at 55 W. 32nd Street complies with City Code regarding zoning regulations and salvage license requirements, the following steps must be undertaken. 1. A survey plat of the south and west boundaries of Lot 1 of 1 of 1 of Oakwood Addition, the western boundary of Lot 1 of 2 of 1 of 1 of 1 of Heim's Subdivision, and the zoning district boundary line between the HI Heavy Industrial and AG Agricultural zones that lies 200 feet north of the south boundary of Lot 1 of 1 of 1 of Oakwood Addition must be provided. A licensed surveyor must produce this plat and a copy submitted to the Planning Services Department for review and approval. 2. A licensed surveyor must clearly establish the lot boundaries outlined above with survey stakes placed in the field. 3. A 12-foot high chain link fabric-covered fence must be placed along the zoning district boundary line between the HI Heavy Industrial and AG Service People Integrity Responsibility Innovation Teamwork North End Wrecking, Inc. December 1, 2004 Page 2 4. .5. (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 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 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 Oust 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 salvaae 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 waming or correspondence. The flfle 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, //( ~ ,;1. - '. ,\ f~ sus~~ Zoning Enforcement Officer Enclosures cc: Michael C. Van Milligen, City Manager Barry Lindahl, Corporation Counsel Laura Carstens, Planning Services Manager bc: Richard Koob, 330 Olympic Heights, Dubuque Mike Burns, 245 Olympic Heights, Dubuque ACCEPTANCE OF ORDINANCE NO. 06 I, Roger Kunde, representing North End Wrecking, Inc., property owner, having read the terms and conditions of the foregoing Ordinance No. -06 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this I" day of J:L 2006. By ~r~~dent . . .- , - 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 C,' This rezoning request will come before you at your City Council meeting of February 20, 2006. By a vote of 6 to 1, the' Zoning Advisory Commission voted to approve the rezoning request. Certain restrictions were suggested so as to guarantee maximum protection for the residences in that general area. Mr. Kunde has endorsed all of the reservations and restrictions and is most happy to comply. One of the restrictions is that North End Wrecking cooperate with the City staff in their site plan which relates to their screening and fencing. Again, Mr. Kunde is in full concurrence. The matter came before the Zoning Advisory Commission on December 7, 2005. Our feeling was that it would pass unanimously, but one of the members of the Commission asked whether or not there would be any runoff problems that might require Mr. Kunde to obtain approval of the State of Iowa Department of Natural Resources. The permit has been referred to as an NPDES permit. Mr. Kunde felt that he was in compliance with all state discharge and runoff rules and regulations, but he was more than willing to show compliance and to otherwise comply if there were any additional requirements. The matter was then tabled and returned for their deliberations on Wednesday, February 1,2006. At that time, Mr. Kunde showed that he was in full compliance, and we attach copies of various documents demonstrating same. Further, your very capable staff made a presentation, and they confirmed that Mr. 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. I ~I ,i ~, l " 11 , ul /' --- / .' ------ / / / '\ \ \ \ \ \ I \ I I 'r-=-. !;-=--~ ~ I. I I ~ l ~--!-l---j ~ j ~--:~~-I ~ I r--II--- I ~--~--~ j L ~ _._~"- ~.I .: 11 :-----1 . II I ~ f------_ I ~=q I l j i---~~l. -ll-----i . I . -- . \ ---- .\ -------- \ \---- \ -----\ -- \ ------ ) \ ------- ---- -- -- r--- .------ -- \ ---- -- J-- --- -- ~ ~ -, .~. .. .. . ~ ~ lll~~ i~ >< ~li1~ ~ 2 ~ ~ ~ "<t ~ Il~ ~";)"M ,"" . ---- 1 \~ ~ ~ / / . . . > . \. \ Ii 1, \ \ . h . ro,NrIllO' - . '.,.,c>' . . " . . . . . ."" . .yf)P i \ I( . ~~ \ . ..,t... . . ..... , . /.1" ~'" \ H r' \ h~ '-f' \ \ ) --- --- ^. ..., u ~ rn l'ij ~ Iii pl. z I' E:l. ..., ..., i'!5 '-' z ..., :> ~ ~ ~ ~~~ ~ 08"1 ~~ ~ ~o ~ II ~t:;I:!I.:: < .. , I .. DD~~E ~~~ MEMORANDUM March 20, 2006 TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager~ SUBJECT: Opposition to North End Wrecking HI Rezoning Request Planning Services staff have reviewed the attached correspondence in opposition to the HI Heavy Industrial rezoning request filed by Roger Kunde for North End Wrecking, W. 32"d Street. The City Council has a public hearing on this rezoning on March 20, 2006. The 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 fi/i, . / '<:.<0'/,("',/'</,/ /; ///1 i/ 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 Wredcing of parcels on West 32'" S1. from R-I residential to Heavy Industrial. It appears that, now that there is a new administration, Mr. Kunde is trying again to gel this rezoning issue passed. It failed the last time by a margin of7-O I ',II'~e '7{\U to .epeat that vote after your deliberations this time also. Here, after approximately eighteen months, we are going to rehash not OI.ty the incluston ofa scrap yard in the city proper, but also it's inclusion in a residentiallil'ea. I thrr-.:ght 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, GJad/ 9: r44<-td Paul J. Uhlrich 480 Olympic Heights Rd. Dubuque, lA. 52001 End: 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. j/t;,o< f~.l~ Dan McDermott McDermott Brothers Construction :J '_:_..!. .......,..1 ...... NOV-29-2005 TJ: J3:28 pr D~ ~ITY CLERK FAY. Ne. 563 589 0890 P ,'~ , "C - - . "'/_'h ;".,t.. -v,..,'.1"rto' /:f"'/~' ~ -J: September B, ZOO4 The HonarIbIc Mayor aacl City Council C/O CIty aedl: CityHll113. Streit "'''''''P.... IA. '2001 " lAdiela GcIII\e_: RE: I'ea!iIII by 11.0..- Kunde LJc.L NorlII End Auto wrBCtiq ofparcels 011 Wesr 32"" St &am R-I.1teIidnIial to HePy JIlduIlrial. I 11II ltroaFY ",.poNd to tile rezonirw oflliill beIuliftlllUb diviliob 011 tile bIuI[ ......110 objec;tioa to 1M pr_ wnckIlI _ dlII'_lI'~.d ill. ~ '- .....1..- to eICIbIi.. .llunn aad -.curity pw pRViouIIy pllMd l1llifIiDI. SinI:c. he ... pun:bue4 . propmy wJtJa d. ---' __ oflllllldi.. . ...._ s..- he _1iaIMI1bis property with allUlllber alwrecbcI......._ll4tilea, Tlr..;, iI> dinocl violdioa ofdJe City of Dubl~',"dendaI--.~. He hu tried to open a ICftp ,...4 an JuI.. DulIuq~ Drive wbidl )'Oillilmo:llbwn. nil _ 011 TbiIty MCond *'* is .1IlllCh more fit IacaUon Ibr ,-I6o<.t;., _II tIIua tile old 17 S Chemical plut_ Illl'l'dlIt you dediPe biJ request to _e lllia beautifilll'lllidePlial ucI qpic:u1lunJ _. TIIaak you, (p~tf: Utb4 P.... J. UhIric11 489 0IyIIlpic IJeiehts Road. Dubuque, Iow& '200 I. ~') February 4, 2006 To: Mayor Roy Buol Regarding upcoming council meeting February 20, 2006. t; 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 terrible ic'e3 to expand in the city ilnd it was like putting a gun to your head. C. Joyce Connors stated Mr. Kunde historically lacks Accountability for his actions. D. Roy Euul 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 r-, "::T. .., r-..1 T' ,) T-j -) ,-I G) I.r) r::"i ;: 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 Sen, 2005 zoning advisory hearing. When W'3 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 -:.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 ope cates by using stiff-arm tactics; giving him his way is not going to solve anything. North End Wrecking, Ine spit in the face of the city council and their decisio0 in 20G4. Hopefully if this zoning request is denied. th8re will be R final and justified conclusion. The landscape will never be the same. yet screening is required. It hdsn'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\. ~~ +l+e~ MmWl February 6,2006 Attn: City Council Members F-:r ('..cf\/cr...._ -. - ", . ~.' \n'~ r:-r:o ":.;-, j-.', . ,... .'.J j IJ ,", I-~ - '--, l' ."...., '- h'" jf '.;J C,, n' . " - .," '.. . llV .-.......,~,.., \ j~:jC':':. t!I.!LL~~j:~~:;! "Ii~\ ..... 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. !hrJ4usern;n 245~mpi Hts L!2//L' b~- -~~Ht>. ~ A,~-: ~H15. ~~ ~7 ~: ,rtJ;W; f3WJJ -~';'K lqD~ ~ (/~ ~J>AJ-9I'i'&..J2;'~/;': ~~H1<. _ 4~,)$ ~~.Jlp Jlrd1",;>:v1,j . t.l-fi-? ~~ ~'-f- .l~1 o~!ll/s Q.. " ()~r..p(. H15. I:~ &Jab~6~C (,\dlU{)i ~~ )., Jl1 ~ ~ ~ 500 O~iHt). ~.. ~~ ~Gf~(,~~" N j:tiI\V Ui)~0 4S,O!Jnp'{' HfJ ~1/lW- ~.-U.<) /J ..x... LI&501~Hts /~1J !?'_d.Ad .-P 4 if) OLyrupd J/gW .~~--"~~~ . t.j&4~Nlpl Hts. {~ We hope you vote this as "NO". ~ '-"'-" ; ~./~ 3J7L'~r.pi #!s. ~J .6#a '3)70~~His -- ~. .U-/b. BITTER LAW OFFICES 485 LOCUST STREET DUBUOUE, ICfNA 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 NOIth 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. We are 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 1. 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 every one 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, (9~/ Joseph J. Bitter JJB/km(6) Ene. 1 REZONING STAFF REPORT Zoning Agenda: December 7, 2005 Property Address: 55 W. 32"d Street Property Owner: North End yvrecking, Inc. Roger Kunde Applicant: Proposed Land Use: Auto Salvage Proposed Zoning: HI Adjacent Land Use: North - Vacant/Residential East -Vacant South - Heavy Industrial West - Vacant/Residential Existing Zoning: AG Adjacent Zoning: North - AG/R-1 East - AG/L1 South - HI West-AG/R-1 Existing Land Use: Vacant 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 northem slope of the property that drains onto the public right-of-way. Traffic Pattems/Counts: The expansion of the proposed salvage vehicle storage area and should generate very little additional traffic. Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion control and storm water control is provided during all phases of development, and that the salvage materials are stored in such a manner as to be compliant with all state and federal regulations. ;IF " .... /""' ,F ,/ // Rezoning Staff Report - 55 W. 32nd Streetpage 2 " Adjacent Properties: The expansion of the existing salvage vehicle storage yard to the north may have a two-fold impact to adjacent residential properties. First, a significant portion of the natural vegetation has been removed which makes some of the salvage yard more visible from those properties to the north along Olympic Heights and Hawkeye Drive. Secondly, expanding the salvage yard to the north places the salvage vehicies 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 agriculturaliy 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 Advisory Commission review S~ctions 6-1.1 regarding criteria for granting a rezoning. p"p",d b, en.\"~ f,j.UA i- R,,;,.,o, ;i 1 y-o., / /.Zq. 05 ..... 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 Subject 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 1.7 :;L 2006. By ~~~ ..v. oger Kunde, President , . -- /5- /' . /// /,/ ./ .,/' , -- <( ~ - a:l - I X W "// r \ "0 Q) C 2 Q) 0:: Q) .0 o .... " /' / ;....;-1 ,.... 1 //~,._-- / .! / ,/' ,. -.---.--14<------- \ \ \. \ \ \ , \ ~". ' \\ '-\, \. "\ \ I;, '\ m ~ <( C/l ~ (.) <( '<t X e 0- 0- <( .::. -'-"'" ".o~T---- \ ',J',J'O')..?J \ .\ ~ \, \, \ , , 0l0) CQ) .- ~ c_ oU) N ,<1)'0 o::~ <1){') -0 . r- ~ \ \. \ \ \/'\ ~ \\ ~ '-J._..... ..... -------""-- . I \ /cf)'/ ~.~. ~ ..... -;:: 0- m Q) "0 C :J ~ ">. :J ------ ~ 0. (~- I' . ___________ k ~ r: " ~ I' 11 ~ , t ~ Ii g i! f, f; " '\ II , ,. ~ Ii Ii Ii i' " " ~. ! ,. f; , " I' d I: j~ I, i1 ! ~ ----. .. .. .. - . '+, Ii i' ! 1, ji f, H " " 8 .... Q) Q) LL o o N o o ..... ---. ;; .I o i5U~~E ~ck~ MEMORANDUM March 31,2006 TO: The Honorable Mayor and City Council Members FROM: Cindy Steinhauser, Assistant City Manager SUBJECT: Kunde Rezoning Attached is citizen correspondence received regarding the Kunde rezoning request of North End Wrecking, which is Action Item #5 on Monday night's City Council Agenda. This correspondence was inadvertently omitted from the City Council Agenda packet. C~([Lll\ g, l, Cindy' temhauser cs/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager ;,_J March 22, 2006 Honorable Mayor and City Council Members In regard to the March 201b, 2006 City Council meeting and specifically the rezoning request of North End Salvage I would like to ask you some questions. Everyone on the council including the mayor seems to have taken the time to tour North End Salvage which is great I myself had the chance a couple of times in the full of 2005 to see the operation with Steve Simon which I gladly took advantage of so that I could see both sides of this issue. From my tours compared with the glowing reviews of your respective tours, I havc a few questions maybe one or all of the honorable council could answer. The I" qucstion I have is what is actually being rezoned. It appears Mr Kunde is asking for 3.9 acres of AG to HI in the middle of his operation. I asked this question to the Planning and Zoning Dept in Oct 2005 and actually went with Guy Hemenway and } . , measured the area at that time. Yes in Oct it was roughly 4 acres. Now 5 months (and hundreds of dump trucks full offill) later, I don't believe anyone has an accurate number. Back in 2004 it was 7.5 acres, I guess time will tell with a completion date of 2008. This is an issue I thought Council Member Braig may be able to clarify since she has a map. While on the issue of maps, there seems to have been some question about R-) property from Council Member Michalski. This is a confusing issue as I discovered when dealing with the Planning and Zoning Dcpt over the years. Thankfully Steve Simon shed light on this matter and I now know the Planning and Zoning Dept are not liars and incompetent Thev are li~ yet very competent at disposing of eity refuse from eity projects such as road improvement. q've saved "old" maps and would like to comparc t!h;1I1 to tbe counell uumlbers Ilew map". Mr Kunde has done quite well with his re-,mning request. It appears to me the only property left to be rezoned is the RI residence of 200 Olympic Heights Road which Mr Kunde purchased. That shouldn't take long with his past success. Oh, I forgot that Mr Kunde is building a $350, 000 home on that site in the future. I'm 40 years old and plan on going to college and med school in the future. I wonder which will happen I ". Roger moving in the neighborhood or me performing neurosurgery. I'll bet on the lot being zoned III. Since the city council unanimously denied the rezoning request in 2004, I have gained some new insights on North End Wrecking and Salvage. ] previously realized the benefit of the salvage business in the form of recycling and hazard material recovery along with proper disposal. I've now learned there is a new objective of North End Salvage and Wrecking since 2004. In 2004. then lawyer Robert Klauer stated there would not be many vehicles on the propeny because they were stripped of parts and crushed at a high turnover. During the Mar 20, 2006 meeting Steve Simon stated the objective of North End Salvage was "the BIGGEST and best salvage yard in the state of Iowa". Well might as well shoot for the moon. I for one am looking forward to living across from the BIGGEST salvage yard in the state, I imagine the noise from heavy equipment moving salvaged vehicles 6 days a week won't be invasive nor deplete the value of my home. With the approval of the rezoning from AG to HI, it should alleviate all concerns from neighboring residents. The good Lon! knows as well as myself the certified mailing of "a Code of Compliance" on Dee 1,2004 sent to North End Wrecking and Salvage after my meeting with City Manager Mike Van Milligan and the Zoning and Planning Department went absolutely no where. (I do have a copy of the original letter that was sent to me by the city if any of the honorable council would like to review it with me.) In reading Mr Kunde's new lawyer Joe Bittcr's request for various parcels of property to be rezoned I am impresscd with Roger's resume. I. On his Own initiative, he started screening his property. 2. Mr Kunde accepts challenge and responsibility 3. City of Dubuquc 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. 4. Mr Kunde has been a good citizen 5. Etc, etc bullshit I was equally impressed with the new city councils take on Mr Kunde and the integrity for which he conducts his operation. I almost forgot he was expanding a junkyard. There for a minute or two I thought he was creating a cure for cancer with his business after hearing the glowing rcviews. What I get out of the previous rezoning and prescnt request is that the bottom line on Roger Kunde is it~ always in "good faith". Pull your head out of the sand and look at Roger Kunde's past track record with tbe city, maybe you'll get the jest of this letter. In dealing with Steve Simon on how things can be resolved and in hearing how determined Roger is to be a good neighbor needs to go no further than looking out my front picture window. Mr Kunde purchased the residential home previously noted at 200 Olympic Hcights roughly I 'Iz years ago, since that time I believe they have mowed the lawn 4 times. On weekends there is vehicle tramc 24 hrs a day. Cars honk in front of the home. pull in for 30 seconds and then leave at a high rate of speed. Maybe it's a Good Will distribution drop off or a Girl Scout Cookie pick up site. When my eldest daughter was in girl scouts \hey only sold cookies once a year, things may have changed. last year Mr Kunde placed 3 large concrete barricades on an cascment road to several properties adjacent to Olympic Heights road because things wcren't going his way with the zoning. Thc Dubuque Fire Marshall intervened and made Mr Kunde remove 1 barricade so that emergency personal vchicles could access the homes. Council Member Jones is a retired fireman, this act of neighborly love should be heartfelt. After \he Mar 20, 2006 city council meeting, Steve Simon stopped by myself and a couple of the concerned neighbors and asked once again how North End Wrecking and Salvage could be better neighbors. I stated that the employee of North End Salvage and Wrecking which rents Mr Kunde's home at 200 Olympic Ileights could keep the pack of German Shepard dogs they own from running loose in the neighborhood and barking 24 hours a day. Steve slated he'd mention it. Apparently Mr Simon never got around to it. On Mar 21, 2006 one of the dogs attacked 2 neighborhood children @ 3:00 pm. After dozens of calls to Animal control and the Dubuque Police dcpt the last year, guess what, animal control seems to have taken an interest in my concerns. Yes, Mr Kunde just wants what's best for the neighborhood, Oh, by the way, Sue Barnes the animal control officer wasn't very pleased when she contacted the owner of the property where the dogs reside and Me Kunde refused to tell her who the renter was that owned the dogs. It's great Mr Kunde recycles used oil. maybe that will lead to a respect tor a child's well being somewhere down the road. ColUlcil Member Connors slated that maybe the neighbors of North End Wrecking and Salvage should go and take a look from the inside out. I have already beat her to it. Seems every council member took Steve Simons I Y, hr Royale Tour, maybe you'd like to take] 0 minutes and talk to me face to face. I won't hold my breath, I'll take Counc~ Member Cline's advise and just "Grin and Bear It". Now there's optimism. In reviewing this letter I've seemed to have overlooked the NPDES stormwatee permit dealing with run off Started off North End Wrecking and Salvage received a permit granted by Joe Griffin over a phone conversation and ended with a stuttering Clark on who stated North End Wrecking and Salvage doesn't need a permit because less than I acre has been disturbed during his "spot" check. Would love to compare my "old" map to the council's "new"map to see if there may be a discrepancy once again on what the hell is actually unlolding and what is being rezoned at this present time. The only word That rhymes with Dubuqucr is Euchre. The motto on city vehicles read .. To Serve with Integrity". It's time for this council to call a spade a spade as they did in 2004 and follow thru with something hopefully close to "integrity". My wager is on North End Wrecking and Salvage now, the City of Dubuque has already renigged. ~~ ~~ 13~1\A. 55ID-S~ C1( ~.~ ~'G\~.Can