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Annex Callahan Con Seippel RdMEMORANDUM July 15, 2003 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Voluntary Annexation Request- Callahan Construction, Inc. Planning Services Manager Laura Carstens is recommending approval of a voluntary annexation request by Joel Callahan of Callahan Construction, Inc. for 40 acres of land on the east side of Seippel Road north of the Dubuque Industrial Center West, and recommends that a public hearing be set for August 18, 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 July 16, 2003 TO: FROM: Michael C. Van Milligenl City Manager Laura Carstens, Planning Services Manager SUBJECT: Voluntary Annexation Request- Joel Callahan Attached is a voluntary annexation request by Joel Callahan, Callahan Construction, Inc. for 40 acres of land on the east side of Seippel Road north of the Dubuque Industrial Center West. The staff report, map, resolution, and related materials are attached. The annexation request is concurrent with rezoning of the property to CS Commercial Service & Wholesale District and R-2 Two-Family Residential District. It includes an affordable housing development in the R-2 portion. The subject property is in an identified annexation area, and is designated for commercial and residential development on the Proposed Land Use Map of the 2002 Dubuque Comprehensive Plan. The Comprehensive Plan supports annexation and development of land for commercial and residential uses adjacent to City infrastructure. The property is readily served by City water and sewer. The Zoning Advisory Commission will hold a public hearing on the rezoning on August 7th. The City Council's public hearing on the rezoning tentatively will be August 18th~ To comply with State notification requirements, the City Council must set the public hearing for a voluntary annexation request a month in advance. I recommend that the City Council set the public hearing on the voluntary annexation request of Joel Callahan for August 18, 2003. Attachments cc: Kyle Kritz, Associate Planner David Harris, Housing and Community Development Director Bob Green, Water Department Manager Mike Koch, Public Works Director Gus Psihoyos, Assistant City Engineer Prepared by: Laura Carstens. City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 RESOLUTION NO. -03 RESOLUTION APPROVING APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY OWNED BY CALLAHAN CONSTRUCTION, INC. Whereas, Joel Callahan, President of Callahan Construction, Inc., property owner, has submitted a written application for voluntary annexation of approximately 40 acres of territory lying outside the corporate limits of the City of Dubuque, Iowa, as legally described in Exhibit A and as shown in Exhibit B; and Whereas, the annexation territory is not subject to an existing annexation moratorium; and Whereas, the annexation territory does not include any State or railroad property; and Whereas, the annexation territory does include County road right-of-way; 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 and the Proposed Land Use Map of the Comprehensive Plan; and Whereas, the future growth and development of the City of Dubuque, Iowa makes 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 corporate limits of Dubuque, Iowa, be and they are hereby extended to include the territory as legally described in Exhibit A and as shown in Exhibit B. Section 2. The territory hereby annexed shall become a part of the Fifth Precinct of the First Ward of the City of Dubuque, Iowa. Callahan Construction, Inc./Annexation Page 2 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 C.~ of Dubuque Planning Services Deparl:ment Dubuque, IA 52001-4864 Phone: 563-589~42~0 Fax: S63-589-4221 PLANNING APPLICATION FORM t--I Variance ~Cor~'ml Use Permit ~ezoning C]P~nned Di~ric~ ~l>n~lin~n,~ Mat C]~n~~ final M~ I-]Simple Site Plan [-]Minor Site Plan [] Major Site Man [] Major Final Plat ~eraponnex~l~°n ~aff Use PermE ~Cer~fmate of Econom~: NomViaUlity i--tCert~cate of ~ Please tv~e or ~rlnt leaiblv in ink Pmpertyowner(s): Caltahan Construction, Inc. Address: 12831 Noble Ridge OW: Dubuque Phone: 563-588-4273 State: IA Zip:. 52002 F~Nurnber: 563-588-4273 Mobile/Cellular Number: 2 t 3-101 5 Ap~i~nt/Agent: Joel M. Callahan Address: 12831 Noble Ridge F-axNun-d:)er: 563-588-4273 Phone:563- 588-4273 C~y: Dubuque State: IA Zip:. 52002 Mo~CSlu]ar Number: 2131015 ~tekx:atk)n/address: Seippel Road north of the Dubuque Industrial Center West Existingzordng: R2 Proposed zoning: R_~.. CS HislDricDistrict County Legal Descrip~on (Sidwell parceJ ID# or lot number/block number/subdivif~on): see attached Totmlpropert-y(Iot)area(squ~refeetoracres): approximately ll~'0 acres Describe prol:x;r~l and reasorl necessary (atta:h a let:ret of explanation, if needed): Development CSRT/F/CAT/ON: I/we, the undersigned, do hereby certify that: 1. /he informal~n submitlu~ herein is true and correct to the best of my/our knowledge and upon submi~al beoornes public record; Fees are not refundable and payment does not guarantee approval; and All ad~tional required written and g~phic materials are attached. Date: Date: FOR OFF~CE USE ON~ ~,.TL.~C~T/ON SUBI~i i i ~ CHE~ ~s~ ~an ~ ~1 ~ man ~ ~P~ Callahan Construction, Inc. 12831 Noble Ridge Dubuque, Iowa $2002 $63-588-4273 June 30, 2003 Honorable Mayor Terry Duggan and Council Members City of Dubuque 50 West 13t~ Street Dubuque, Iowa 520014845 Re: Request for Voluntary Annexation Dear Mr. Mayor Terry Duggun and CoUncil Members: I am requesting tbe annexation of property legally described as Lot 1 of the south west ¼ of the north west ¼ and Lot 2 of the south east ¼ of the north west ¼ in Section 30, Township 89 North, Range 2 East of the 5t~ p.m. in Dubuque County, Iowa. This application is concurrent with rezoning of the above property. The 40 acre parcel east of Seippel Road and north of the Dubuque Industrial Center West is currently county R-2. I am requesting a change to a combination of CS Commercial Service and Wholesale District and R-2 Two Family Residential District. The plat I am proposing for the 40 acre parcel to the east consists of 112 single family affordable residential tots, 10 commercial lots and 3 acres of land for a park. Phase One of the project includes 48 residential lots and 10 commercial lots. Phase Two would represent 64 residential lots. The residential portion of this development is planned for starter homes in the price range of $100,000.00 to $140,000.00 to serve families inthe 85% of median family income bracket. I feel that this development will provide more affordable alternatives and also be attractive to businesses as housing affects employees that work for them. The costs associated with the proposed development are substantial and can prevent such subdivisions from being pursued. Therefore, Callahan Construction, Inc. is respectfully requesting the City of Dubuque's assistance and support to facilitate the development. Thank you for your time and consideration. Sincerely, Joel M. Callahan, President Exhibit A Callahan Property on the east side of Seippel Road Legal Description: Lot I of the south west % of the north west % and Lot 2 of the south east % of the north west % in Section 30, Township 89 North, Range 2 East of the 5th p.m. ANNEXATION STAFF REPORT Council Agenda: August 18, 2003 Property Location: Property Owner: Applicant: Legal Description: East of Seippel Road, North of Dubuque Industrial Center West Callahan Construction, Inc. Joel Callahan Lot 1 and Lot 2 of the SW% of the NW~ of Section 30, T89N, R2E of the 5th P.M. in Dubuque County, Iowa. Proposed Land Use: Existing Land Use: Adjacent Land Use: Commercial, One and Two-Family, Park/Open Space Agricultural North - Residential East - Agricultural South - Industrial West - Residential/vacant Flood Plain: Partial Water: Adjacent to site Storm Sewer: Adjacent to site Existing Zoning: County R-2 Adjacent Zoning: North - County East - City AG South - City PUD West - County C-1 and R-2 Total Area: 40 acres Existing Street Access: Seippel Road Sanitary Sewer: Adjacent to site Purpose: The property previously was used for agricultural purposes. The applicant proposes to rezone the property to a mix of commercial uses and one and two-family affordable housing concurrent with annexation. Physical Characteristics: The property can be characterized as rolling and generally drains to the southeast. Conformance with Comprehensive Plan: The Proposed Land Use Map of the Comprehensive Plan designated this property for commercial and residential development. The Comprehensive Plan includes goals and objectives supporting annexation of land for commercial and residential development that is readily served by City infrastructure and utilities. Impact of Request on: Utilities: Existing City utilities can be extended to serve this property. The City water and sewer services have sufficient capacity to serve this site. Annexation Staff Report - Joel Callahan Page 2 Traffic Patterns/Counts: The proposed development includes the construction of five new public streets with three accesses onto Seippel Road. Planning staff estimates that, based on Institute of Traffic Engineers trip generation rates, approximately 1,400 vehicle trips per day will be generated when fully developed. Public Services: Public services and utilities have been extended to serve this area of the City of Dubuque with the annexation of property along Old Highway Road and the construction of new industrial buildings in the Dubuque Industrial Center West. Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion control is provided during all phases of development, and that adequate storm water control is provided as part of this development. Lot D in the southwest corner of the site will serve as a detention pond area, The three-acre green space - park area in the northeast corner of the site also will provide storm water detention. Adjacent Properties: Development of this property will increase the ambient light and noise levels of the surrounding area, as well as add traffic on Selppel Road. CIP Investments: None proposed. The portion of Seippel Road bordering the proposed development has not been improved like the south portion of Seippel Road to Highway 20. This northern portion of Selppel Road is not on the City's five-year capital improvement program for street improvements. Staff Analysis and Recommendation: The applicant, Joel Callahan, is requesting to be annexed to the City of Dubuque, and is requesting rezoning of the subject parcel to a combination of CS Commercial Service and Wholesale, and R-2 Two-Family Residential districts. The applicant owns the 80 acre parcel directly west across Seippel Road. The proposed CS zoning would be adjacent to the City's Dubuque Industrial Center West and serviced by a new public street with access to Seippel Road. The CS zoning provides a transition from the more intense industrial uses of the City's industrial park to the south, The R-2 lots will be served by four new public streets with two accesses on Seippel Road. The R-2 zoning allows the flexibility to build one- and two-family homes that have been intermixed in several other subdivisions within the city of Dubuque in recent years. The applicant is proposing dedication of a three-acre parcel to the City of Dubuque as park/open space in the R-2 zone. This parcel is located at the northeast corner of the subdivision. While a portion of this lot is in a drainage way, there is sufficient space to provide a playground area. Annexation Staff Report- Joel Callahan Page 3 The property requested for annexation lies within the urbanized area of both the City of Asbury and the City of Dubuque. Iowa Code requires that these types of 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 and the creation of uniform boundaries for annexation to the City of Dubuque. By State law, the City must annex to the centedine of Seippel Road along the subject property. The property is included in the City's 1996-1997 Annexation Study. This site is a preferred area for annexation due to its proximity to the City limits, infrastructure and utilities. This mixed use development adjacent to the City's industrial park is an example of "smart growth", and also provides the opportunity to serve as a "model project" for affordable owner-occupied housing - both top priorities for the City, and consistent with the adopted Comprehensive Plan. The applicant has requested City financial assistance to facilitate development of affordable housing. This request and the staff recommendation regarding City assistance are provided under separate cover. Planning staff recommends annexation concurrent with rezoning for these reasons. Prepared by.'~~'~ Reviewed: Date:~ {l~ I~ Proposed Area to be Rezoned to R-2 Proposed Area to be Rezoned to CS Dubuque City limits Applicant: Joel Callahan Location: Seippel Road Description: To rezone property on the east side of Seippel Road from County R-2 Single-Family Residential District to City R-2 Two-Family Residential District and CS Commercial Service & Wholesale District, in conjunction with annexation. Asbury City limits