Kress Industrial Faciltiy Voluntary AnnexationTHE CITY OF Dubuque
DUB E "'~'~~~~
Masterpiece on the Mississippi
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Voluntary Annexation -- Kress Industrial Facility
DATE: June 12, 2008
Planning Services Manager Laura Carstens recommends approval of the annexation
request form 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.
After the City Council conducts the Public Hearing, this item should be tabled. It then
reappears on the Action Items section of the agenda after the City Council gives final
consideration to the rezoning request.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
2 ~~~
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
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. 207-08
RESOLUTION APPROVING AN APPLICATION FOR VOLUNTARY
ANNEXATION OF TERRITORY OWNED BY KRESS INDUSTRIAL FACILITY
Whereas, Kress Industrial Facility has 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, as shown in Exhibit A and legally described as Lot 3
Kunde Place #2 (the Annexation Territory); 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; and
Whereas, the annexation of the Annexation Territory is consistent with the
Dubuque Comprehensive Plan; and
Whereas, the future growth and development of the City of Dubuque, Iowa
makes it desirable that the Annexation Territory be made part of the City of Dubuque,
Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The corporate limits of Dubuque, Iowa are hereby extended to
include the Annexation Territory legally described above and as shown in Exhibit A.
Resolution No. -08
Page 2
Section. 2. The Annexation Territory hereby annexed shall become part of the
5th Precinct of the 1St Ward of the City of Dubuque, Iowa.
Section 3. The City Clerk shall file this resolution, all exhibits and the petition
for voluntary annexation with the State of Iowa as required by law.
Passed, approved and adopted this 16th day of June, 2008.
Attest:
Jeanne F. Schneider, CMC
City Clerk
Roy D. Buol, Mayor
F:IUSERS\Kmunson\WP\City Council\CC 05_19_08\Kress Facility Annexation Resolution 05_19_08.doc
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Voluntary Annexation -- Kress Industrial Facility
DATE: May 14, 2008
Planning Services Manager Laura Carstens recommends approval of the annexation
request from 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.
concur with the recommendation and respectfully request Mayor and City Council
approval.
~~,~ ~~
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
THE CITY OF Dubuque
DUB ~~~~
E
1 1
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: May 12, 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. Public hearings on the annexation and the rezoning are scheduled for the
May 19, 2008 City Council meeting.
Discussion
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 land with industrial zoning in the City.
The property is included in the City's 2006 Annexation Study Update in Area P, which is
located west of the City of Dubuque. Area P is part of the South Catfish Creek basin.
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.
Recommendation
Staff recommends approval of the annexation request.
Enclosures
F:\USERS\Kmunson\WP1City Council\CC 05_19_08\Kress Facility Annexation Memo to MVM 05 12 08.doc
Qty of Dubuque
'~"r"oF Planning Servfoes Department
Du$ E Dubuque, IA 52001-4864
Phone: 563-X89-4210
G f~„~,~,y(~" t=ax: 563-5891i221
_~ ~__ ~ PLANNING APPLICATION FORM
^ Vartanee ~ Rezoning ~{Slmpte Sibs Platt nexatl4n
dCondltionai Use Penrntt ~Pianned Disdid L7Mtnor Site Plan emporary Use P~etmit
[]Appeal [)preliminary Fiat ^ Major• Site Plan Certificate of EeonorNc Non-Viability
Spedal t3ocepilon qMinor l9nal Plat Ll Major final Fiat pCertiRrate of Appropriateness
Urr~ted Setback Waiver []Text Amendment ~ ^Simpte Subdivision (Other:
se a tl
Property owner(s): ~ rr~ f _ ~7 ,~~t ~ ~,. ~ f~.~ ~ ~ / ~~ ,WPhorx~:,,_,~~ ~ ~ 13 1~'t~~
Address: _ l.~ ~-7_~-, ~ ~.12C 1_ ;,~ ~,i. Bj aty: j~, ~.ti State:_~I1, Zip:~,~ Q'~~ ; S
Fax Number: S~'~~8?,ff~~,T_ Mobile/Cellular tVumber: ~~-. ~
ApplitantJAgent ' 1~I~ ,~ ~~,-c ss Phone• Sc C
Address: City: Scat • Zlp:
Fax Number: Mabile/C~luiar Number:
Site locadon/address; U
Fadstlng zoning: _ ~ { Proposed zoning: ~--~ Histartc DtsMct: ~_ Landmark: •
Legal Description {Stdvvell parcel Ii?# or lot number/block number/subdivision): ~ ~ '3C "~_~ ~'F~~
Total property (tot) area (sgLare feet oratres): ~~ ~Cr__ ~_,__~G~' ~ c~S
Describe proposal and reason necessary (attad•, a letter of explanation, if needed): P1Vt.C X
t 7? s~~ ~~ ~., ~'~ In i`~ Novi ~~~ f v l~ ~- ~~.-~ ~n~~ 5 f~~.~' ~-vr-~
CFR'iIFICATION: IJwe, the undersigned, do hereby cectlfy that
1. The infom~ation submitted herein is true and correct to the best of my/our knowledge and upon
submittal becomes public remnd;
2. t=ees are not refundable and payment does not guarantee approval; and
3, All additional required written and graphic materials are attached.
--~
Property t7wne ~ -~-~ Date: ~~
~.~
Applicant/Agent:
~* ~i/c:i~rat~ • Received by: V~~~cvl~ ~ ~~~
[]Sfte/sketd~ plan ^Conceptual Development Plan
Design review project de':soiption []Floor plan
Dafie:
Date. rh'S C7 Docket
^Photo ~Iraprovement plans
[]Plat C~Other:
v
t
c
c
Q
->
a
c
a
d
u.
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: Agricul#ural & Light Industrial Proposed Zoning: AG & LI
Existing Land Use: Agricultural Existing Zoning: County R-1 Single-Family
Adjacent Land Use: North - ResidentiaVAG 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
Exis#ing Street Access: Yes
Sanitary Sewer: No
PurposelReason 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 Pian: 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 #his 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 Pa#terns/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 Page 2
Seippel Road carries approximately 1,520 ADT (average daily traffrc} 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 Investmen#s: 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 O!d Highway Road, the City must annex to the center line of this County road to
comply with lawa 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 wes#erly 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.
Staff recommends approval of the annexation request.
Prepared by: ~ls~ Reviewed
N~a
Date: °y'~~ 08
F:\iJSERS1KmunsonlWPlCity CounciRCC 04 21_08UCress Facility Annexation Staff Report i~_14_08.dac
eJJu~u~fue . ~untc~
r~OGGNL~ O~ ~GG ~NIJG~ON3
COURTHOUSE - 720 CENTRAL AVENUE
DUBUQUE?, IOWAS2001-7079
DONNA L. SMITH
PHONE: 863-5894441 ERIQ MANTERNACH
FAX: S8H-b87-3838 WAYNE DEMMER
December 3, 2006
Dubuque City Council and Zoning Board
City Hall
50 West 13°i Street
Dubuque, IA 52001-4864
Dear Mayor and Council members and Toning Board members;
We have recently been notified of a concurrent voluntary annexation public hearing and rezoning to Ll,
Light Industrial for the Kress Industrial l?acility. This area is approximately 75.43 acres of land, south of
Old Highway Road, currently county zoned as R-I, Residential and C-1, Conservancy. '
Kress Industrial, LLC came before the Board of Supervisors on February 12, 2007 with an application to
rezone tlus property from R-1, Rural Residential to R 2, Single Family Residential and M-1, Industrial to
ailow for residential and industrial development of the property. The zoning request was unanimous]y
denied by the $oard of Supervisors.
In light of the recent effort by Kress bidustrial, LLC to include th2r valuntary 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. In addition, this proposed developmen 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 conceivs during this annexation proposal and the possible subsequent
rezoning of this parcel.
Sincerely,
Eric Manternach, Chairperson
Dubuque County Board of Supervisors
cc: Anna O'Shea
~LJubuc~ue (~ouv~t~
G~OGGNGG O ~(iL eNl/G~ON~
COURTHOUSE - 720 CENTRAL AVENUE
DUBUQUE, IOWA 52001-7079
PHONE: 563-589-4441
FAX: 563-587-3836
May 16, 2008
Dubuque City Council and Zoning Board
City Hall
50 West 13"' Street
Dubuque, IA 52001-4864
Dear Mayor and Council and Zoning Board members;
DONNA L. SMITH
ERIC MANTERNACH
WAYNE DEMMER
We have recently been notified of the May 19, 2008 public hearing on the voluntary annexation request
concurrent with rezoning to L1, Light Industrial for the Kress Industrial Facility. This area is
approximately 75.43 acres of land, south of Old Highway Road and west of the Chicago Central &
Pacific Railroad line, currently county zoned as R-1, Residential and C-1, Conservancy. In addition the
proposed annexation includes approximately 16.17 acres of railway right of way and Dubuque County
right of way to the centerline of adjacent Old Highway Road.
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. In 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 concurrent rezoning of this
parcel.
C7 ~
Sincerely, r,~- ~~ ~ ~
~'-. -< ~'T-l
- ~
onna Smith, Chairperson
Dubuque County Board of Supervisors ~:
~ .~
N }--~
~
CD o
cc: Anna O'Shea
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: April 29, 2008, and for which the charge is $17.39.
Subscribed to before me, a Notary Public in and for Dube County, Iowa,
this~~ day of , 20 ~
No ry Public in and for Dubuqu ounty, Iowa.
~a P MARY K. WESTERMEYER
-s
° Ocmmission Numb®r 154885
.F
y~>..-
My c'nmm Fxo. FEB. 1, 2011
THE CTTY OF
I~~B E
Masterpiece on the Mississippi
~ C~v cc~
7'~~ t~D 7-D ~ ~~`i` ~~` Dubuque
a.~-~ ~g
C~lT~ CvcaNC~L '7 -~ ~I-AmericaC'~y
~T~-~ l' ~ ~J ~ N err ~ 7"G- 111
b~-d~-~8
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Voluntary Annexation -- Kress Industrial Facility
DATE: May 14, 2008
Planning Services Manager Laura Carstens recommends approval of the annexation
request from 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.
I concur with the recommendation and respectfully request Mayor acid City Council
approval.
Z
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
TxE crr~r of Dubuque
DUB ~ M-AmedcaC~y
.Masterpiece an the Mississippi
2007
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager -~
SUBJECT: Voluntary Annexation -- Kress Industrial Facility
DATE: May 12, 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. Public hearings on the annexation and the rezoning are scheduled for the
May 19, 2008 City Council meeting.
Discussion
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 land with industrial zoning in the City.
The property is included in the City's 2006 Annexation Study Update in Area P, which is
located west of the City of Dubuque. Area P is part of the South Catfish Creek basin.
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.
Recommendation
Staff recommends approval of the annexation request.
Enclosures
F:\USERS\Kmunson\WP1City Council\CC 05_19_081Kress Facility Annexation Memo to MVM 05 12 08.doc
THE CTTY OF
DuB ~
MasteYpiece on the Mississippi
r1~ ~vuNct~ s~~' t-}EAf2ft~lCr
X02 oS/tging 7-c~
Dubuque
~II-AmericaC'~y
.111
2007
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
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.
,~
Michael C. Van Mi ligen
MCVM/Iw
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
THE CITY OF Dubuque
r......,,,,~,
~~~ ~ All-AmericaG~y
F
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:IUSERS1KmunsonlWP\City Council\CC 04 21_08UCress Facility Annexation Memo to MVM 04 14 08.doc