Kress Industrial Facility Voluntary AnnexationTHE CTTY OF
DUB E
Masterptee~ on the Mtssiss~pp~
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Voluntary Annexation -Kress Industrial Facility
DATE: April 16, 2008
Dubuque
AN-AmericaCily
2007
Planning Services Manager Laura Carstens is recommending that the public hearing for
the Toby Kress annexation request be removed from the table and that a public hearing
on the annexation and the rezoning request be set for May 19, 2008.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
2 , ~l ~ _ _
~~
Michael C. Van Mi ligen
MCVM/Iw
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
TxE crrx of Dubuque
..~.,.
DUB
i r
Masterpiece on the Mississippi
2007
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager''~~
SUBJECT: Voluntary Annexation -- Kress Industrial Facility
DATE: April 14, 2008
Introduction
This memorandum transmits a request by Toby Kress, Kress Industrial Facility, for annexation
of 80 acres south of Old Highway Road and west of the railroad line, in conjunction with
rezoning the property from County R-1 Residential District to City AG Agricultural and LI Light
Industrial Districts. The application, resolution, and staff report are enclosed.
Discussion
On December 5, 2007, the Zoning Advisory Commission tabled the rezoning public hearing at
the request of the applicant. On April 2, 2008, the Zoning Advisory Commission held another
public hearing on the rezoning. The Commission then voted to recommend denial of the
rezoning. After a public hearing, the City Council can concur with the denial by a simple majority
vote, or approve the rezoning by asuper-majority (three-quarters) vote.
Typically, the City Council's public hearing on the rezoning request would be held concurrently
with the public hearing on the annexation. Despite asking the Zoning Advisory Commission to
table the rezoning request, the applicant asked to proceed with the public hearing on the
annexation. At the December 17, 2007 meeting, the City Council recessed and tabled the
annexation public hearing until the public hearing on the rezoning came before the City Council.
Recommendation
The applicant wants to continue with the rezoning and annexation requests. Due to notification
requirements for the annexation, Planning Services staff recommends that the City Council:
• Remove the public hearing on the annexation request from the table, and set a new date
for the annexation public hearing of May 19, 2008 to allow time for notification.
• Set the public hearing on the rezoning request for May 19, 2008.
At the November 19, 2007 meeting, the City Council adopted the resolution approving the
annexation. Technically, this action cannot occur until after the annexation public hearing to
comply with State law regarding notification requirements for annexation requests. The
enclosed resolution rescinds that resolution, and provides for approval of the annexation.
Enclosures
F:\USERSVCmunson\WP\City CouncillCC 04_21_08\Kress Facility Annexation Memo to MVM 04_14_08.doc
,~ anog Gty of Dubuque
Planning Services Departrner~t
~UB Dubuque, IA 52001-4864
P('tone: 563-589-4210
~y~" Fax: 563-589-4221
PLANNING APPLICATION FORM
Variance ~Reaoning ~S~mple She Plan ~i4nnexation .
Conditional Use Permit Planned District ^Minor Ste ?Ian Temporary Use PetmR
Appeal ^Preiiminary Plat ^ Major• Site Plan QCertificate of Economic Non-Viabi~ty
OSpeciai 6aception ^Minor Final Plat ^ Major Fnal Plat [)Certificate of Appropriateness
~Umited Setback Waiver [~l ext Amendment ^5~mpie Subdivision ~Otfter:
Please tune or orirrt legibly in ink
~S~ `7
Property owner(s):
Address: _ IT ~-r_~, ~ t~1~., l_ :~ 1, ul. P9 Gty: '~, [,. Stater, zip:, 5~ C'~?i
Fax Number; ~~'~s8 ~ t~~J~'~1 Mobile/Cellular Number: ~.y..
~~
App!'Kant/Agent: __l~~G~ ~ ~,-ctS Phone: ~ C'
Address: Gty: Stat • Zip:
Fax Number: Mobile/Cellular Nurri
Ste iocation/address:
Existing zoning: ~_ Proposed zoning: L'~ Historic District: ~~ _ Landmark:
Legal Description (Bidwell parcel ID# or lot number/blodc numt~er/subdivision): a ~ 3rd' ~~~ ~~~~
Total property (lot) area (square feet or ages): ~~ ,~ C.' AJ` G~z' L c~S'
DesQibe proposal and reason necessary (attach a letter of explanation, if needed): r'~1 tn.E X
_~ ~ 77 CJci,~v2C~ ~~;t Gi. ~.~ Gti ~'~' zc~ia ~h~ ~ ~ tG; ~1• ~ ~;~c~ S f,x~.(~ ~-t,~
CERTIFICATION: I/we, the undersigned, do hereby certify that:
1. The infon~nation submitted herein is true and correct to file best of my/our knowledge and upon
submittal becomes public reo~rd;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required written and graphic materials are attached.
-~ I ,~---
Properly Owner,( ~ ~ Date:
Appiicarrt/Agent:
Date:
FOR OFFICE US .ONLY -~APP CATION SUBMITTAL CHECKLIST
Fee: G~.¢I,r~c~ Received by: ~~ C ~Gti~t.~ Date:. t~ ~ C7 Docket:
^Site/sket~ plan ^Conceptual Development Plan OPhoto Improvement plans
^Design review project description ^Floor plan ^Piat ^Otf~':
Prepared by: Laura Carstens. Citv Planner Address: Citv Hall. 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider. Citv Clerk Address: Citv Hall. 50 W. 13`" St Telephone: 589-4121
RESOLUTION NO. 130 - 08
RESOLUTION RESCINDING RESOLUTION NO. 557-07 APPROVING AN
APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY OWNED BY
KRESS INDUSTRIAL FACILITY
Whereas, Kress Industrial Facility submitted a written application for the
voluntary annexation of approximately 80 acres of territory lying outside the corporate
limits of the City of Dubuque, Iowa; and
Whereas, on November 19, 2007 meeting, the City Council adopted the
resolution approving the annexation; and
Whereas, this action cannot occur until after the annexation public hearing to
comply with State law regarding notification requirements for annexation requests; and
Whereas, Resolution No. 557-07 should be rescinded.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Resolution No.557-07 is hereby rescinded.
Passed, approved and adopted this 21st day of April, 2008.
Attest:
Jeanne F. Schneider, City Clerk
D
Roy D. Buol, Mayor
F:\USERS\Kmunson\WP\City Council\CC 12_17_07\Kress Facility Annexation Recission Resolution 04_21_08.doc
Prepared by: Laura Carstens. Citv Planner Address: Citv Hall. 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider. Citv Clerk Address: Citv Hall. 50 W. 13`" St Telephone: 589-4121
RESOLUTION NO. 131-08
RESOLUTION FIXING DATE OF PUBLIC HEARING ON AN APPLICATION
FOR VOLUNTARY ANNEXATION OF TERRITORY OWNED BY KRESS
INDUSTRIAL FACILITY
Whereas, Kress Industrial Facility submitted a written application for the
voluntary annexation of approximately 80 acres of territory lying outside the corporate
limits of the City of Dubuque, Iowa; and
Whereas, the Annexation Territory is not subject to an existing annexation
moratorium; and
Whereas, the Annexation Territory does not include any state property; and
Whereas, the Annexation Territory does include railroad property and county
road right-of-way; and
Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption
of a resolution and required notification.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That a public hearing will be held on the 19th day of may, 2008, at 6:30 p.m. in the
in the Council Chambers, second floor of the Federal Building, 350 West 6th Street,
Dubuque, Iowa, at which time interested persons may appear and be heard for or against
the proposed annexation, and the City Clerk be and is hereby directed to cause the
attached notice of the time and place of such hearing to be published in a newspaper
having general circulation in the City of Dubuque, Iowa, which notice shall be published not
less than four days nor more than twenty days prior to the date of such hearing. At the
hearing, any interested person may appear and file objections to the proposed annexation.
Resolution No. 131-08
Page 2
Passed, approved and adopted this 21st day of April, 2008
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
I
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Kress indusfiriat t=acilifiy Annexation Vicinity Map `-~.
;-
~"///,~ Kress Indus#rial Facility 75.43 acres ,
~~:;` Railroad Right of Way -16.17 acres .
Q Dubuque City Limns .
..... .
.. `
N•1piAnninn Gnrin~e\\lx~i~ih~ Altawd7Af; \Po•inih+ 7Jbr~etiKrwae lnr#.He:*I Twn I~A11r. A.-iwl 111{on. ~ 1 M. A7
ANNEXATION STAFF REPORT Council Agenda: April 21, 2008
Property Location: South of Old Highway Road and west of railroad line
Property Owner:
Legal Description:
Kress Industrial Facility
Lot 3 Kunde Place #2
Proposed Land Use: Agricultural & Light Industrial Proposed Zoning: AG & LI
Existing Land Use: Agricultural Existing Zoning: County R-1 Single-Family
Adjacent Land Use: North -Residential/AG Adjacent Zoning: North -County R-1
East -Industrial/AG East -City Hic and LI; County R-1
South -Agricultural South -County R-1
West -Agricultural West -County R-1
Flood Plain: No
Water: Yes
Storm Sewer: No
Total Area: 80 acres
Existing Street Access: Yes
Sanitary Sewer: No
Purpose/Reason for Annexation: To rezone to AG Agricultural and LI Light Industrial
District for property to be developed for industrial uses, in conjunction with annexation.
Physical Characteristics: The subject property is farmland located south of Old
Highway Road and west of the railroad line.
Conformance with Comprehensive Plan: Goal 8.4 of the Economic Development
Element of the 2002 Comprehensive Plan states: Annex additional land, as necessary
and as possible to accommodate projected commercial and industrial expansion. The
2030 Future Land Use Map designates this parcel for rural density residential
development.
Impact of Request on:
Utilities: The property can be adequately served by City water main along Old
Highway Road. City sanitary sewer service is approximately one mile away and
terminates on the south side of the landfill property.
Traffic Patterns/Counts: The subject property is west of the intersection of
Seippel Road and Old Highway Road. Based on IDOT 2005 vehicle counts,
Annexation Staff Report -Kress Industrial Facility
Seippel Road carries approximately 1,520 ADT (average daily traffic) and Old
Highway Road carries approximately 1,450 ADT.
Public Services: Existing public services are adequate to serve the property as
it's developed for industrial purposes.
Environment: No adverse impacts provided erosion control and stormwater
management are implemented.
Adjacent Properties: The impact to adjacent properties most likely will be through
an increased volume of traffic and an increase in the ambient light level and noise
levels, depending on the nature of any future industrial uses on the subject
property.
CIP Investments: None proposed.
Staff Analysis and Recommendation: The property requested for annexation
contingent on rezoning lies with the urbanized area (i.e., within two miles) of the City of
Asbury and the City of Centralia. Iowa Code allows for these types of voluntary
annexation requests be approved first by the City Council, and then by the State of
Iowa's City Development Board. The property meets Iowa Code requirements for 50
feet of adjacent boundary for annexation to the City of Dubuque provided that 16.17
acres of railroad right-of-way is also annexed. Because the subject property is adjacent
to Old Highway Road, the City must annex to the center line of this County road to
comply with Iowa Code. The property is adjacent to existing industrial uses in the
County and industrial zoning in the City.
The property is included in the City's 2006 Annexation Study Update in Area P, which is
located westerly of the City of Dubuque. Area P is part of the South Catfish Creek
basin and land forms generally slope easterly and northeasterly. The topography in
Area P is considered moderate to moderately rough. There is a limited amount of
commercial and residential development along Old Highway Road in the northern part
of Area P. The majority of Area P is undeveloped and used for agricultural use.
Development of Area P will require the construction of water main improvements and
sanitary sewer improvements.
Page 2
Staff recommends approval of the annexation request.
.~~
Prepared by:~ Reviewed
n~~a
Date: °~'~`~ 08
F:IUSERS\Kmunson\WP\City CouncillCC 04_21_08\Kress Facility Annexation Staff Report 04_14_OS.doc
eLJubu~ue ~urtt~
G,~OL~NGL O ~GL eNl/G~ON~
COURTHOUSE - 720 CENTRAL AVENUE
DUBUQUE, IOWA 52001-7079
DONNA L SMITH
PHONE: 563-589-4441 ERIC MANTERNACH
FAX: 563-587-3836 WAYNE DEMMER
December 3, 2406
Dubuque City Council gild Zoning Boazd
City Hall
50 West 13~' Street
Dubuque, IA 52001-4864
Dear Mayor and Council members and Zoning Board members;
We have recently been notified of a concurrent volwrtary annexation public hearing and rezoning to L1,
Light Industrial for the Kress Industrial Facility. This area is approximately 75.43 acres of land, south of
Old Highway Road, currently county zoned as R-1, Residential and C-1, Conservancy.
Kress Industrial, LLC came before the Board of Supervisors on February 12, 2007 with an application to
rezone this property from R-1, Rural Residential to R-2, Single Family Residential and M-1, Industrial to
allow for residential and industrial development of the property. The zoning request was unanimously
denied by the Board of Supervisors.
In light of the recent effort by Kress Industrial, LLC to include the voluntary annexation and rezoning
efforts, we wish to reiterate our concerns. These concerns include the location of an industrial use
adjacent to existing and future residential development, the increase of industrial and residential traffic,
noise pollution associated with industrial development and public safety concerns with ingress and egress
of industrial truck traffic and additional residential traffic. ]n addition, this proposed development does
not follow our Dubuque County Future Land Use Development Map which is included in our Dubuque
County Comprehensive Plan.
We ask that you consider our concerns during this annexation proposal and the possible subsequent
rezoning of this parcel.
Sincerely,
f;4.~
Eric Manternach, Chairperson
Dubuque County Board of Supervisors
cc: Anna O'Shea