Annexation_Wayne Stewart_Old Highway Rd_West of Seippel Rd_HearingMEMORANDUM
April 28, 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 approval of the voluntary
annexation request.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
___________________
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
MEMORANDUM
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 Sei ppel 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.
___________________
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
MEMORANDUM
April 24, 2003
TO:Michael C. Van Milligen, City Manager
FROM:Laura Carstens, Planning Services Manager
SUBJECT:Stewart Construction - Voluntary Annexation Concurrent with Rezoning
INTRODUCTION
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
Selppel Road. Mr. Stewart has requested rezoning to LI Light Industrial. The annexation request,
To comply with notification requirements of the Iowa Code, the City Council set this request for a
public hearing on May 5, 2003. The City Council approved the LI rezening request on April 21,
2003.
DISCUSSION
The subject property wes 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 Selppel 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 facJlitate 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 he served by City services. Annexation also allows the
City to control development in accordance with City standards.
Met-mda/WPICaJnCil/Memo/stewat annex 2003 memo.doc
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 report, 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 hearing 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 pad 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/OounciFMemo/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 Department
Attn: 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 armexation 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 Adm'mistrative Code.
W.C. STEWART, 1NC.
Exhibit "A"
Prepared by: Laura Carstens. City Pianner Address: Citv HalE, 50 W. 13th St Telephone: 589-4210.
RESOLUTION NO. 148-03
RESOLUTION APPROVING APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY
Whereas, W,ayne C. Stewart, President, W.C. Stewart Construction, Inc.,
property owner, h~s 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 I 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 D~Jbuque; and
Whereas, the future growth and development of the City of Dubuque, Iowa,
make it desirable that said teCritory 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 I 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.
Resolu~on 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.
Attest:
Passed, approved and adopted this 5th day of May, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Me]inda/WP/annexation/stewar~ annexation resolution.aoc
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 I of Lot 2 of Mason Cate Estates, Sec. 36, T89N, R2E
Proposed Land Use: Light Industrial
Proposed Zoning: LI Light Industrial
Existing Land Use: Vacant Existing Zoning: County M-1 Industrial w/Conditions
Adjacent Land Use: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
Flood Plain: No
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 ant 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, andfire 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
Existing Annexation Moratorium: X No
Dubuque County Auditor's Report:
Verified legal description: X Yes
Verified current ownership: X Yes
Assigned Ward 2nd Precinct: 7th
Inclusion of State-owned property: X No __ Yes ( Acres)
Inclusion of County-owned road right-of-way: X Yes
Adjoining secondary roads: X Yes (Roads: Old Highway Road)
City of Dubuque Annexation Staff Report for Stewart Construction Page 3
Inclusion of Railroad right-of-way: X No __ Yes ( Acres)
Transition of imposition of City property taxes: X No Yes
Land area included without owner's consent: 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:
MelindaANP/STAFFRPT/stewart annex 2003.doc
Proposed Area to be 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