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Annexation_ Wayne Stewart_Old Highway Rd_ West of Seippel Rd._InitiateMEMORANDUM April 1,2003 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT:Stewart Construction - Voluntary Annexation Concurrent with Rezoning Wayne C. Stewart, President of W. C. Stewart Construction, Inc., has filed a request for voluntary annexation concurrent with rezoning for 20 acres of land south of Old Highway Road and west of Seippel Road. Planning Services Manager Laura Carstens recommends City Council approval of the voluntary annexation request, and recommends that a public hearing be set for April 21, 2003. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager MEMORANDUM April 1, 2003 TO:Michael C. Van Milligen, City Manager FROM:Laura Carstens, Planning Services Manager SUBJECT:Stewart Construction - Voluntary Annexation Concurrent with Rezoning INRODUCTION Wayne C. Stewart, President of W. C. Stewart Construction, Inc. has filed a request for voluntary annexation concurrent with rezoning for 20 acres of land south of Old Highway Road and west of Seippel Road. Mr. Stewart has requested rezoning to LI Light Industrial. The annexation request, staff repod, resolution and exhibits are attached. To comply with notification requirements of the Iowa Code, staff recommends that the City Council set this request for a public headng on April 21, 2003. The City Council's public hearing on the LI rezoning request is scheduled for this same date. DISCUSSION The subject property was included in the City's Annexation Study as part of Area 4. Area 4 is comprised of a total of 530 acres. The Annexation Study proposed approximately 424 acres of Area 4 for industrial development, while the balance, 106 acres, was for park and open space. Although the property can be adequately served by the City water main along Seippel Road, a sanitary sewer interceptor is approximately one mile away and terminates near the south side of the landfill property. This sanitary sewer would have to be extended to serve the subject property. The extension of sanitary sewer would be necessary to facilitate development of the Light Industrial uses. It has been the City's policy not to allow commercial and industrial areas to develop on septic systems because of the difficulty in designing a septic system that can handle the potential waste stream produced by a commercial and industrial land uses. RECOMMENDATION Staff recommends approval of this voluntary annexation request because it is in conformance with City goals and objectives and can be served by City services. Annexation also allows the City to control development in accordance with City standards. Attachments MelindaNVP/Council/Memo/stewart annex 2003 memo.doc W.C. Stewart Construction, Inc. 221 E. 8th Street P.O. Box 1174 Dubuque, Iowa 52004-1174 Phone 563.588.4496 Fax 563.588.4498 March 7,2003 City of Dubuque Planning Services Deparlment Amn: Mr. Kyle Kritz 50 West 13th Street Dubuque, IA 52001-4864 Re: Request for Annexation of Property Dear Mr. Kritz: This letter shall constitute a request for annexation of property located in Dubuque County, Iowa. This request relates to property legally described as follows: Lot 1 of Lot 2 of Mason Cate Estates, Dubuque County, Iowa The undersigned corporation is the owner of the real estate. Wayne Stewart is the sole shareholder and president of W.C. Stewart Construction, Inc. and is authorized to act on behalf of the corporation with respect to this application. Attached is a plat showing Lot 1 of Lot 2 of Mason Cate Estates in compliance with Section 7.2(1)(c) of the Iowa Administrative Code. W.C. STEWART, INC. BY Wayne C. Stewart, President Exhibit "A" Prepared by: Laura Caratens. Cib/Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 RESOLUTION NQ. -03 RESOLUTION APPROVING APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY Whereas, Wayne C. Stewart, President, W.C. Stewart Construction, Inc., property owner, has submitted a written application for voluntary annexation of approximately 20.0 acres of territory lying outside of the corporate limits of the City of Dubuque, Iowa, legally described as Lot 1 of Lot 2 of Mason Cate Estates, Sec. 36, T89N, R2E of the 5th P.M. and to the centerline of the adjoining public right-of-way of Old Highway Road in Dubuque County, Iowa as shown in Exhibit A; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement; and Whereas, the annexation territory does not include any State or railroad property; and Whereas, the annexation territory does include a portion of County-owned road right-of-way for Old Highway Road, an adjoining secondary road; and Whereas, Chapter 368 of the Code of Iowa authorizes the extension of City limits in situations of this character by adoption of a resolution after notification as required by State regulations; and Whereas, this request has been found to be consistent with the Comprehensive Plan of the City of Dubuque; and Whereas, the future growth and development of the City of Dubuque, Iowa, make it desirable that said 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. That the application of Wayne C. Stewart, President, W.C. Stewart Construction, Inc., property owner, for voluntary annexation is hereby approved and that the corporate limits of the City of Dubuque, Iowa, be, and they her~eby are extended to include the territory legally described as Lot 1 of Lot 2 of Mason Cate Estates, Sec. 36, T89N, R2E of the 5th P.M. and to the centerline of the adjoining public right-of-way of Old Highway Road in Dubuque County, Iowa as shown in Exhibit A. Resolution No. - 03 Section 2. The territory hereby annexed shall become a part of the Seventh Precinct of the Second Ward of~the City of Dubuque, Iowa. Section 3. That the City Clerk shall file this resolution, all exhibits and the application for voluntary annexation with the State of Iowa in accordance with State regulations. Passed, approved and adopted this day of 2003. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Me[indaJVVp~annexation/stewart annexation resolution.doc CITY OF DUBUQUE ANNEXATION STAFF REPORT Council Agenda: April 21, 2003 Property Location:South of Old Highway Road and west of Seippel Road Property Owner:Wayne C. Stewart, President, W.C. Stewart Construction, Inc. Legal Description:Lot 1 of Lot 2 of Mason Cate Estates, Sec. 36, T89N, R2E Proposed Land Use:Light Industrial Existing Land Use:Proposed Zoning: LI Light Industrial Adjacent Land Use: Vacant Existing Zoning: County M-1 Industrial w/Conditions Flood Plain: No North- Residential East - Vacant South - Agricultural West - Industrial Adjacent Zoning: North -County R-1 East - City R-1 South - County R-1 West- County M-2 Total Area: 20.0 acres City Services Provided upon Annexation: Water: Yes Storm Sewer: No Other Services: City police, emergency response and fire Existing Street Access: Yes Sanitary Sewer: No Purpose/Reason for Annexation: The applicant is requesting annexation and rezoning for a 20-acre parcel from County M-1 Industrial with conditions to City LI Light Industrial District. The property has frontage on Old Highway Road on the north side and abuts the CNIX Railroad right-of-way to the west. The applicants have indicated that the County M-1 Industrial zoning with conditions is too restrictive for development of the land and the rezoning to light industrial would provide a more marketable mix of allowed uses on the western 20 acres. Physical Characteristics: The property has been graded to accommodate future development. The annexation area is Zone "D" on the enclosed map. Conformance with Comprehensive Plan: The Land Use and Urban Design, Infrastructure, and Economic Development elements of the Comprehensive Plan include goals and objectives related to the need to annex and provide utilities to future growth areas for industrial development. The updated Comprehensive Plan designates the east 25 acres for Rural Residential. No designation is provided for the western 20 acres. City of Dubuque Annexation Staff Report for Stewart Construction Page 2 Impact of Request on: Utilities: The property can be adequately served by the City water main along Seippel Road. An 8" sanitary sewer interceptor is approximately one mile away and terminates near the south side of the landfill property. This sanitary sewer would have to be extended to serve the subject property. Traffic Patterns/Counts: The proposed property has frontage on Old Highway Road. Average daily traffic counts from 1997 indicate there are 2,270 vehicle trips on Old Highway Road. Access will be off Seippel Road, which is a City street. Public Services: Response time for City police, and fire will be the same or less than response time for County and volunteer services. The City has identified that an additional relocated fire station may be needed in the future as the community develops to the west. Environment: Storm water management will be required as part of the review and approval of any development on this parcel. In addition, erosion control will be required to minimize soil loss associated with development of the property. Adjacent Properties: Development of the subject parcel for industrial, commercial and residential land use will impact adjacent property through increased levels of automobile and truck traffic. The land to the west is zoned County M-2 Heavy Industrial, while the property across Old Highway Road is zoned County R-1 Rural Residential. CIP Investments: None proposed. Within Urbanized Area: Yes Asbury No Sageville __ None Existing Annexation Moratorium: X No Yes Dubuque County Auditor's Report: Verified legal description: __ No X Yes Verified current ownership: __ No X Yes Assigned Ward 2"d Precinct:7th Inclusion of State-owned property: X No __ Yes (. Acres) Inclusion of County-owned road right-of-way: No X Yes ( 0.91 Acres) Adjoining secondary roads:__ No X Yes (Roads: Old Highway Road) City of Dubuque Annexation Staff Report for Stewart Construction Page 3 Inclusion of Railroad right-of-way: X Transition of imposition of City property taxes: Land area included without owner's consent: __ No __ Yes (__ Acres) X No Yes X No __ Yes ( %) Staff Analysis and Recommendation: The subject 20 acres of land was included in the City's Annexation Study as part of Area 4. Area 4 is comprised of a total of 530 acres. The Annexation Study proposed approximately 424 acres of Area 4 for industrial development, while the balance, 106 acres, was for park and open space. Although the property can be adequately served by the City water main along Seippel Road, a sanitary sewer interceptor is approximately one mile away and terminates near the south side of the landfill property. This sanitary sewer would have to be extended to serve the subject property. The extension of sanitary sewer would be necessary to facilitate development of the Light Industrial uses. It has been the City's policy not to allow commercial and industrial areas to develop on septic systems because of the difficulty in designing a septic system that can handle the potential waste stream produced by a commercial and industrial land uses. Staff recommends approval of this voluntary annexation request because it is in conformance with City goals and objectives and can be served by City services. Annexation also allows the City to control development in accordance with City standards. Prepared by Reviewed: Date: Melinda/WP/STAFFRPT/stewart annex 2003.doc Proposed Area tobe Annexed Dubuque City limits Applicant: W.C. Stewart Construction, Inc. Location: Southwest Corner of Old Highway Road and Seippel Road Description: To annex 20 acres, concurrent with rezoning, from County M-1 Industrial with conditions to City LI Light Industrial. W.C. Stewart Annexation Request City of Dubuque 2003 Miles /~ Area to be Annexed Dubuque city limits Roads and Hig.hways Asbury city limits Sageville city limits Mississippi River