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Annexation Callahan ConstructioMEMORANDUM August 13, 2003 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Voluntary Annexation Request - Joel Callahan Planning Services Manager Laura Carstens is recommending approval of a voluntary annexation request by Joel Callahan of Callahan Construction, Inc. for approximately 39.25 acres of land on the east side of Seippel Road north of the Dubuque Industrial Center West. 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. I concur with the recommendation and respectfully request Mayor and City Council approval. Mi hael 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: SUBJECT: Michael C. Van Milligen, City Manager Laura Carstens, Planning Services Manager ~..~ Voluntary Annexation Request - Joel Callahan INTRODUCTION Attached is a voluntary annexation request by Joel Callahan, Callahan Construction, Inc. for approximately 39.25 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 have been updated with the recent request by multiple property owners for a large-scale annexation of approximately 700 acres. DISCUSSION The annexation request for the 39.25 acres east of Seippet Road 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 held a public hearing on the rezoning on August 7th. The Commission voted unanimously to recommend approval of the rezoning. The Commission also voted unanimoUsly to approve the preliminary plat for this property. To comply with State notification requirements, the City has confirmed the legal description and ownership of the property with the County Auditor (see enclosed letter). Voluntary Annexation Request for Joel Callahan Page 2 Mr. Callahan's property is parcel #11 of the large-scale annexation plan along Seippel, Middle and Asbury Roads. Incentives for this property in connection with that annexation are set forth in the Agreement related to the annexation plan. In conjunction with the agreement, the resolution approving Mr. Callahan's annexation request has been revised to provide a flve~year transition for the imposition of City taxes. RECOMMENDATION I recommend that the City Council approve the voluntary annexation request of Joel Callahan. LC/mkr Attachments 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 Joe Callahan, Callahan Construction PLANNZNG APPLICATZON FORM Ob/of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 [] Vadance F'lCondiQona| Use Permit I--]lJmited Setback Waiver ~]~Rezoning []P~anned District E]PreUmina~ Plat i~Minor Final Mat []Text Amendment E]Sim~e Si~ F~an [']Minor Site P~an [] Major Site Ran [] Major F'ml Plat E]Simpie Subdivision ~Annexai~on []Temporary Use Permit []Cer~fic~te of Economic Non-Viability []Certificate of Appropriateness []Other:_ Please type or print leqibly in ink Properb/owner(s): Callahan Construction, Inc. Address: 12831 Noble Ridge Ob/: Dubuque Phone:. 563-588-4273 State: IA Zip: 52002 Fax Number: 563-588-4273 Applicant/Agent Joel M. Callahan Address: 12831 Noble Ridge F~Number: 563-588-4273 Mobl~/C~llu~r Number: 213 - 1015 Phone: 563- 588-4273 Dubuque State: IA ~p: 52002 Mobile/Ceiluiar Number: 2 1 3 1 01 5 Sitelocat~or, l~ddi'ess: Seippel Road north of the Dubuque Industrial Center West Existing zoning: R2 Proposed zoning: R_~.. CS Hi~oficDistfict: County Legal DesoitYdon (Sidwell parcel ID# or lot number/block number/subdivision): Landmark: see attached Total properb/ (tot) area (square feet or acres): approximately 4-0 acres Describe proposal and reason necessary (attach a letter of explanation, if needed): Developmenn Applicar~Agent: '~ C~RTiFICATION: I/we, the undersigned, do hereby certify that: 1. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal be~rnes public record; Fees are not refundable and payment does not guarantee approval; and All additional required written and graphic materials are attached. Date: 7/'?/03 Date: Callahan Construction, Inc. I2831 Noble Ridge Dubuque, Iowa 52002 563-588-4273 June 30, 2003 Honorable Mayor Terry Duggan and Council Members City of Dubuque 50 West 13~ Street Dubuque, Iowa 52001-4845 Re: Request for Voluntary Annexation Dear Mr. Mayor Terry Duggan and Council Members: I am requesting the annexation of property legally described as Lot 1 of the south west ¼ of the north west lA and Lot 2 of the south east ¼ of the north west ¼ in Section 30, Township 89 North, Range 2 East of the 5th 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 lots, 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 in the 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. Ca[laban, President EXHIBIT A Leflal Description: Callahan property on the east side of Seippel Road: Lot 1 of the SW % of the NW % and Lot 2 of the SE % of the NW ¼ in Section 30, Township 89 North, Range 2 East of the 5th P.M. The annexation territory extends to the centerline of the adjacent secondary County right-of-way for Seippel Road. -- Dubuque City limits Proposed rezoning area Asbury 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. Proposed Area to be Rezoned ANNEXATION STAFF REPORT Council Agenda: August 18, 2003 Property Location: East of Seippel Road, North of Dubuque Industrial Center West Property Owner: Callahan Construction, Inc. Applicant: Joel Callahan Legal Description: Lot 1 and Lot 2 of the SW % of the NW % and Lot 2 of the SE ¼ of the NW % in 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 R-2 East - City AG South - City PUD West - County C-1 and R-2 Total Area: 39.25 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: Annexation Staff Report - Joel Callahan Page 2 Utilities: Existing City utilities can be extended to serve this property. The City water and sewer services have sufficient capacity to serve this site. Traffic Pattems/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 Seippel 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 Seippel 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, which he also has requested be rezoned concurent with annexation with a separate application. To accommodate this additional land, a large-scale annexation plan involving about 700 acres along Seippel Road, Middle Road and Asbury Road has been developed. The subject 39.25-acre property is identified on the Annexation Exhibit Map as parcel #1 I. The 80-acre propeK7 is #12 on this map. 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. Annexation Staff Report - Joel Callahan Page 3 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. 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 centerline 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. The City has also developed additional incentives for this property in conjunction with the large-scale annexation plan. These incentives are set forth in the agreement for this larger annexation plan. On August 7, 2003, the Zoning Advisory Commission voted unanimously to recommend City Council approval of the requested rezoning to CS Commercial Service and Wholesale and R-2 Two-Family Residential districts. On this date, the Zoning Advisory Commission also voted unanimously to approve the preliminary plat for the subdivision of the property for a mix of commercial, affordable housing and park/open space uses. The resolution approving the annexation of this 39.25-acre property has been revised to provide for the transition of the imposition of City taxes over a five-year period, ranging from an exemption of 75% in the first year to 15% in the fifth year, as allowed by Iowa Code. Planning staff recommends annexation concurrent with rezoning for these reasons. Prepared b ~~'~ Rev ewed: Date: 720 Central ~lve Dubuque, Iowa 52001-7056 L PLANNING SERVICES DEPAR'TN/ENT Phone (319) 589-4457 Fax: (319) 589-4478 E-mail: elections~dbqco.org Laura Carstens Planning Services Manager Dubuque City Hall 50 West 13th St Dubuque, Iow2a 52001 July 22, 2003 Dear Laura: Denise Dolan requested that Jeff Miller of the Mapping Department and I review the annexation fi:om Joe Callahan to verify the accuracy and completeness of the legal and the current ownership of the parcel involved a well as determining the precinct and ward for the property. Jeff has reviewed the legal and current ownership and does not have any problems with the documents a presented. I have reviewed the annexation property for the purposes of determining the precinct and ward for th property. The property will remain in the 5t~ precinct and will now be considered as part of the First Ward for Cit of Dubuque Elections. If you have any further questions you may contact Jeff or myself at 589-4499. Sincerely, ~ Tom O'Neill, Deputy Commissioner of Elections Denise Dolan, Tom O'Neill County Auditor & Commissioner of Elections Deputy Commissioner of Elections CALLAHAN VOLUNTARY ANNEXATION CITY OF DUBUQUE Middle Road Ci[y of Dubuque Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W, 13th St Telephone: 589-4210 RESOLUTION NO. 287-03 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 m6ratorium; 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. The City shall provide for the transition for the imposition of City taxes against property owner's property, as provided by Chapter 368 of the Code of Iowa. The property owner's property shall be entitled to the following partial exemption from taxation for City taxes for a period of five years: For the 1st year, 75% For the 2nd year, 60% For the 3rd year, 45% For the 4th year, 30% For the 5th year, 15% Section 4. That the connection charge for interceptor sanitary sewer for the annexed territory is established at $500.00 per acre. Section 5. 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 this18th day of August 2003. Attest: Patricia A. Cline, Mayor Pro-Tem Jeanne F. Schneider, City Clerk MEMORANDUM July 15, 2003 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Voluntary Annexation Request - Catlahan 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 headng 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 Milligen, 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 Seippe Road north of the Dubuque Industrial Center West. The staff reoort, 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-Famiiy 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 Corr prehensive Plan. The Comprehensive Plan supports annexation and development of land for commercial and residential uses ac~jacent to City infrastructure. The property is readily served by City water and sewer. The Zonir~g Advisory Commission will hold a public heanng on the rezoning on August 7% The City Council's public hearing on the rezoning tentatively will be August 18'". To comply with State notification requirements, the City Council must set the public hearing for a voluntary annexation request a month in advance. 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 PLANNING APPLICATIOH FORM Oty of Dubuque Planning Services Deparb-nent Dubuque, L~ 520D1-4864 Phone: 563-589~210 Fax: 563-589-4221 -] Vadance --~Condi~onai Use Permit []Appeal F-lSpedal Exception [2)Umited Se~mck Wa~er ~Rezoning I-]planned District E}Pre~imina~ Plat E]Minor Final Plat []Text Amendment I-]Simple Site Plan J--]Minor Site Plan [] Major Site Mar [] Major Final Plat []Simple Subdivision ~nex~tion empomry Use ~ermit []Certificate of Economic Non-Viability []Certificate of Appropriaten~>s Please type or pd~t leqibly in Ink Propertyowner(s): Callahan Construction, Inc. Address: 1283] Ncble Ridge City: Dubuque Phone: 563-588-4273 State: IA Zip: 52002 Fax Number: 563-588-4273 Applicant/Agent: Joel M. Callahan Address: 12831 Noble Ridge Fax Number: 563-588-4273 Mobile/Cellular Number: 213 - I C 15 Phone:563- 588-4273 City: Dubuque State: IA Zip: 52002 Mobile/Cellular Number: 2131015 Sitelocat~on/address: Seippel Road north of the Dubuque Industrial Center West Existing zoning: R 2 Proposed zoning: ~_2. C S Historic District: Landmark: _ County Legal Des~pt~on (Sidwell parcel ID# or lot number/block number/subdivision): see attached Tota] property (lot) area (square feet or acres): approximately GO acres Describe proposal and reason necessary (attach a letter of explanaUon, if needed): Developmenn C~RT~CAT/ON: I/we, the undersigned, do hereby certify that: 1. The information submitted herein is true and correct to the best of my/our t~wledge and upon submittal becomes public record; 2. Fees are not refundable and payment does not guarantee approval; and 3. All adc~donal required written and graphic rr~tedals are attached. Applicant/Agent ~ Date: Callahan Construction, Inc. 12831 Noble Ridge Dubuque, Iowa 52002 563-588-4273 June 30, 2003 Honorable Mayor Terry Duggan and Council Members City of Dubuque 50 West 13* Street Dubuque, Iowa 52001-4845 Re: Request for Voluntary Annexation Dear Mr. Mayor Terry Duggan and Council Members: I am requesting the 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 5~ 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 sin~e family affordable residential lots, 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 medien family income bracket. I feel that this development will provide more affordable alternatives and also be attractive to businesses as housing affects ~mployees that work for them. The costs associated with the proposed development are substantial and can prevent such subdivisions from being pursued. Therefore, Callaban 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 Proposed Area to be Rezoned to R-2 Proposed Area to be Rezoned to CS Dubuque City limits Asbury 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. ! Proposed Area i Exhibit A Callahan Property on the east side of Seippel Road Legal Description: Lot 1 of the south west ¼ of the north west ¼ 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 SW¼ of the NW¼ 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 R-2 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 Seippel 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 Seippel 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 comer 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 Caliahan 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 centerline 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: 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 Fitth 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 MEMORANDUM 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 heating 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 Catlahan 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 PLANNZNG APPL/CATZON FORM aty of Dubuque Planning Services Department Dubuque, IA 52OO1-4864 Phone: 563-589-42:10 Fax: 563-589-422t ~ Vadance [:]Conditional Use Permit ~Rezoning PI~,S~ ~ or mint leclibiy in ink 1-~Simple S~te Plan [-]btinor S'fce Plan ~]Simpie Subdivision ~.~nnexation pc~ry Use Permit E]Ce~-tificate of Economic Non-Viability ~]Cer~cate of Approp~at~s Properb/owne~s): Caltahan Construction, Inc. Ack;Ire~: 12831 Noble Ridge Cfo/: Dubuque Fax Number: 563-588-4273 Appllc~Age~ Joel M. Callahan Address: 12831 Noble Ridge Fax Number: 5 6 3 - 5 8 8 - 4 2 7 3 MobilefCe]lular Nurn~. Siteloca~add~e~s: Seippel Road north of the Dubuque Existingzonir~J: R2 ..Proposedz~ing:R_~. CS Histz~icDis~c~ County Legal D~_~pt~on (Sidwetl parcel ID# or lot number/Nock number/subdivision):. Phone: 563-588-4273 State: IA 7ip: 52002 Mobi~/CeJlu~r Number: 2 t 3-1015 Phone:563- 588-4273 CAy: Dubuque State: IA ~p: 52002 2131015 Industrial Center West see attached Total property (Iot) area (square feet or acres): approximately ~-0 acres Describe proposal and reason necessa~, (attac~ a letter of explana~on, if needed): De~ C~RTIFiCATiON: I/we, the undersigned, do hereby certify t~at: 1. The information submittal herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; Fees are not refundable and payment does not guarantae approval; and All adcffdc~al required ~a~tten and graphic materials are D~te: FOR OFF~CE USE ONLY- A.P~I~CAT~ON SUBIMx I ;'AL CHECKLIST -- · ,, ' I--~SR:e/sketch plan [] ~1 I:~pment Plan E]Pho~o E]Plat Callahan Construction, t2831 Noble Ridge Dubuque, Iowa 52002 563-5884273 June 30, 2003 Honorable Mayor Terry Duggan and Council Members City of Dubuque 50 West 13~ Street Dubuque, Iowa 52001-4845 Re: Request for Voluntary Annexation Dear Mr. Mayor Terry Duggan and Council Members: I am requesting the 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 lots, 10 commemial 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 bom being pursued. Therefore, Callaban Coustmction, 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 1 of the south west % of the north west % and Lot 2 of the south east % of the north west % in Section $0, 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 NW¼ 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 Existing Zoning: County R-2 Adjacent Zoning: North - County R-2 East- City AG South - City PUD West - County C-1 and R-2 Flood Plain: Partial Total Area; 40 acres Water: Adjacent to site Storm Sewer: Adjacent to site 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 throe accesses onto Seippel Road. Planning staff estimates that, based on institute of Traffic Engineers trip generation rates, approximately 1,400 vehicle tdps 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 throe-acre green space - park aroa in the northeast comer 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 aroa, as well as add traffic on Seippel 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 Seippel 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 acro parcel directly west across Selppel 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 centerline 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: B Proposed Area to be Rezoned to R-2 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. Proposed Area to be Rezoned to CS ------- Asbury City limits Proposed Area to be Rezoned Plarm3ng Services Department City Hail 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 5894210 office (563) 5894221 fax (563) 690-6678 TDD planning@cityofdubuque.org The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 RE: Rezoning Applicant: Joel Callahan Location: Seippel Road Description: August11,2003 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. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The application, staff report and related materials are attached for your information. Discussion The applicant spoke in favor of the request, reviewing the proposed zoning districts and their location relative to Seippel Road and the Dubuque Industrial Center West. Staff reviewed surrounding zoning and land use, and noted that the Commission previously approved a similar rezoning request approximately one year ago. There was one neighboring property owner who spoke in opposition to the request, noting concerns with storm water runoff and traffic. The Zoning Advisory Commission discussed the request, noting the requested rezoning is consistent with the Comprehensive Plan and that storm water control will be addressed as part of the site plan review, and that screening will be addressed as part of the annexation agreement. Recommendation By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council approve the request concurrent with annexation. A simple majority vote is needed for the City Council to approve the request. Respectfully submitt)~, Eugenb'Bird, Jr., Chairperson Zoning Advisory Commission Service People Integrity Responsibtlit~ Innovation Teamwork PLANNING APPLTCATTON FORM Oty of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 [] Vadance I--iCondit~onal Use Permit [--1Appeal [--tSpedal Exception []limited Setback Waiver ~Rezoning I-1Planned District []Preliminary Plat []Minor Final Plat []Text Amendment []Simple Site Plan r-]Minor Site Plan [] Major Site Plan [] Major Final Plat []Simple SubdMsion ~Annexation Temporary Use Permit []]Certificate of Economic Non-Viability [~Certificate of Appropriateness []]Other: Please type or print leuiblv in ink Properb/owner(s): Callahan Construction, Inc. Address: 12831 Noble Ridge Cib/: Dubuque p~: 563-588-4273 S~:IA ~p:. 52002 Fax Number: 563-588-4273 Mobile/Cellular Number: 213 - 1015 Applicant/Agent: Joel M. Callahan Address: 12831 Noble Ridge City: Dubuque Phone: 563- 588-4273 Sta~e: IA Zip: 52002 Fax Number: 563-588-4273 Mobile/Cellular Number: 2131015 Siteloca~on/address: Seippel Road north of the Dubuque Industrial Center West Existing zoning: R2 Proposed zoning: R2 CS Histodc District: County Legal Descril~ion (Sidwell parcel ID# or lot number/block number/subdivision): Landmark: see attached Total property (Iot) area (square feet or acres): approximately ~-0 acres Describe proposal and reason necessa~/(attach a letter of explanation~ if needed): Development Appiicant/A~ent: CERTIFiCATION: I/we, the undersigned, do hereby cerldfy that: 1. The information submitted herein is true and correct to the best of my/our knowledge and upon submitl~l becomes public record; Fees are not refundable and payment does not guarantee approval; and All eddiUonal required wdt-ten and graphic rnatedals are attached. Date: Date: FOR OFF~CE USE ONL; ~,.TL~CATTON SUB~x ~ ~ AL CHECKLT. ST Fee: .~ _Received by: ~/'~/A~ Date: ?~_~/~,~ Docket: i--ISite/sketd~ plan [] Cence~'ptual D~.~opruent Plan []Photo E]Plat E]Improvement plans []Design review project description [-]Floor plan []]Other: Callahan Property on the east side of Seippel Road Legal Description: Lot 1 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. 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 Proposed Area to be Rezoned REZONING STAFF REPORT Zoning Agenda: August 7, 2003 Property Address: Property Owner: Applicant: East of Seippel Road, North of Dubuque Industrial Center West Callahan Construction, Inc. Joel Callahan Proposed Land Use: Commercial/SF Proposed Zoning: CS/R-2 Existing Land Use: Vacant Existing Zoning: R-2 County Adjacent Land Use: North - Residential East - Agricultural South - Industrial West - Residential/vacant Adjacent Zoning: North - County R-2 East - AG South - PI West-C-l/R-2 County Former Zoning: 1934 - County; 1975 - County; 1985 - County Total Area: 44 acres Property History: The property recently has been purchased by Joel Callahan and was previously used for agricultural purposes. Physical Characteristics: The property can be characterized as rolling and generally drains to the southeast. Concurrence with Comprehensive Plan: The Land Use Map of the Comprehensive Plan designates the property for commercial and residential development. Impact of Request on: Utilities: Existing City utilities can be extended to serve this property. The City water and sewer services do have sufficient capacity to serve this site. Traffic Patterns/Counts: The proposed development includes the construction of five new public streets with three accesses onto Seippel Road. Planning staff estimates based on Institute of Traffic Engineers trip generation rates that approximately 1,069 vehicle trips per day will be generated when fully developed. Public Services: Public services 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 West Industrial Park. Rezoning Staff Report - Callahan/east of Seippel Road Page 2 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. Adjacent Properties: Development of this property will increase the ambient light and noise levels of the surrounding area. CIP Investments: None proposed. Staff Analysis: The submitted rezoning request is for property currently located in Dubuque County. 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 R-2 Two-Family Residential districts. The proposed CS zoning would be adjacent to the City of Dubuque's Dubuque Industrial Center West and serviced by a new public street with access to Seippel Road. The R-2 Two-Family Residential lots will be served by four new public streets, with two accesses on Seippel Road. The requested rezoning does provide for a transition from the more intense industrial uses of the City's industrial park. The CS Commercial Service and Wholesale District allows for a range of commercial uses that do not require a location on a high volume, high visibility traffic corridor. Anticipated businesses may include firms that sell directly to contractors or provide services to a homeowner or a business. An example of the mix of uses that could be anticipated within a CS district is Cedar Cross Road in the city of Dubuque. A substantial portion of this roadway is zoned CS Commercial Service and Wholesale District. The R-2 Two-Family Residential zoning allows for single and two-family residential units. The residential lots will be served by four new public streets built to the City's new smaller street standard of 27-foot paving within a 42-foot right-of-way. 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 that Lot A be dedicated to the City of Dubuque as green space and a park area. Lot A is located in the northeast corner of the subdivision. While a portion of it is in a drainage way, there is sufficient space to provide a playground area. The Planning staff has estimated that, based on Institute of Traffic Engineers trip generation manual, approximately 1,069 vehicle trips per day would be generated when this parcel is fully developed. This estimate does not include the lots zoned for commercial service, as it is extremely difficult to anticipate the number of vehicle trips from a commercial service-type business until the exact nature of the business is known. However, when compared to other commercial types of businesses, Rezoning Staff Report - Callahan/east of Seippel Road Page 3 commercial service business tend to generate a significantly lower volume of trips than a retail-oriented commercial business. The portion of Seippel Road bordering the proposed development has not been improved like the south portion of Seippel Road to Highway 20. This portion of Seippel Road is not on the City's five-year capital improvement program for streets. Planning staff recommends that the Zoning Advisory Commission review the criteria for reviewing rezoning requests contained in Section 6-1.1 of the Zoning Ordinance, Prepared by: ~f.~ Reviewed: Date: Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St., City Hall Telephone: 589-4210 ORDINANCE NO. 66-03 AN ORDINANCE AMENDING APPENDIXA (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ALONG SEIPPEL ROAD FROM DUBUQUE COUNTY R-2 SINGLE-FAMILY RESIDENTIAL DISTRICT TO CITY OF DUBUQUE R-2 TWO-FAMILY RESlDNETIAL AND CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT, CONCURRENT WITH ANNEXATION. Whereas, Joel Callahan, property owner, have requested rezoning concurrent with annexation to the City of Dubuque in accordance with Section 2-3 of Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances; and Whereas, this request has been found to be consistent with the Comprehensive Plan and the Future Land Use Map of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A O'he Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from Dubuque County R-2 Single-Family Residential District to City of Dubuque R-2 Two-Family Residential Distdct and CS Commercial Service and Wholesale District, to wit: Lot 1 of the SW % of the NWl/4 and Lot 2 of the SE % of the NW % in Section 30, T89N, R2E of the 5th P.M., and to the Centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law, and at such time that the herein described property is legally annexed into the City of Dubuque, Iowa. Passed, approved and adopted this 18th day of August 2003. Patricia A. Cline, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk Plarming Services Department City Hail 50 West 13th Street Dubuque, Iowa 520014864 (563) 5894210 office (563) 5894221 fax (563) 690~6678 TDD plarazing~cityof dubuque.or g August11,2003 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 RE: Preliminary Plat Applicant: Joel Callahan Location: Seippel Road Description: To subdivide property on the east side of Seippel Road in conjunction with annexation and rezoning. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The application, staff report and related materials are attached for your information. Discussion The applicant spoke in favor of the request, reviewing the proposed lot and street layout. Staff reviewed proposed access points, wetlands and storm water detention areas. There was one neighboring property owner who spoke in opposition to the request, citing concerns with storm water runoff and increased traffic. The Zoning Advisory Commission discussed the request, noting the plat is in substantial compliance with the City of Dubuque Subdivision Regulations. Recommendation By a vote of 6 to 0, the Zoning Advisory Commission approves the request. No action.by the City Council is required. This is an information item only. Respectfully submitted,/,~ Zoning Advisory Commission CC; Mike Koch, Public Works Director Bob Green, Water Department Manager Gus Psihoyos, Assistant City Engineer David Harris, Housing & Community Development Director Gil Spence, Leisure Services Manager Service People .Integrity ResponslbiQty Innovation Teamwork aty of Dubuque Planning Services Department Dubuque, iA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNZNG APpLI~CATTON FORM [] Variance J-lConditionai Use Permit r-lApp~ r-JSpedal Exception f-lUmited Setback Waiver [[]~Rezoning ]-]Planned District ~]Preiimina~/Plat []]Minor Final Mat []]Text Amendment []]Simple Site Plan [-~Minor Site Plan [] Major Site Plan [] Major final Piat []]Simple Subdivision ~Annexafion [~Temporary Use Permit r-lcertiflcate of Economic Non-Viability I--]Certificate of Appropriateness Please type or print legibly in ink Propartyowner(s): Callahan Construction. Inc. Address: 12831 Noble Ridge City: Dubuque Phone: 563-58~-477~ State:IA Zip:. 52002 F~ Number: 563-588-4273 Hobile/Cellular Number: 2 1 3-101 5 Applicant/Agent: Joel M. Callahan Phone: 588-4273 Address: 12831 Noble Ridge City: Dubuque State: IA Zip:52002 Fax Number: Mobile/Cellular Number: 2 1 3- 1 01 5 Site location/address: 40 acre parcel east of Seippel Rd and north of the Dubuque Industrial Center West. Existing zoning: R 2 Proposed zoning: R 2 ~ C S Historic District: Landmark: County Legal pesc~'p~qn (Sidw~l parcel ID#~or lot number/block number/subdivision): L o .t 1 o f t h e s o u t h w e s t vot the nortl~west ~ and lot 2 of the southwest mn section 3, T89N, R2E of the 5th p.m., Dubuque County, Iowa. Total property (lot) area (square feet or acres): A p p r o x i m a t e 1 y 40 a c r e s Descfibe proposal and reason necessam/ (attach a letter of explanation, ifneeded): Preliminary Plat of new development for R2 singl.e family and C~RTIFICA]ION: I/we, the undersigned, do hereby certify that: 2. 3, All additional required wdttan and graphic materials are attached. The information submitted herein is true and correct to the best of my/our know~edge and upon submittal becomes public record; Fees are not refundable and payment does not guarantee approval; and Date: Date: FOR OFF[CE USE ONLY -APPJ.ICATZON SUBM4I i AL CHECKLtST J-]Site/sketch plan [] Conceptual De~e~oprnantPlan LJ ~.~ []Improvement plans E]Design review project description []Floor plan [-lOther: Proposed Area to be Platted Legal Description: Preliminary Plat of Westbrook Subdivision I ocated in Dubuque County Location: Seippel Road SUBDIVISION STAFF REPORT Zoning Agenda: August 7, 2003 Project Name: Property Owne~. Applicant: Preliminary Plat of Westbrook Subdivision Callahan Construction, Inc. Joel Callahan Number of Lots: 127 Acreage in R.O.W. 4.93 acres Total Area: 44.3 acres In City: No In 2-Mile Area: Yes Flood Plain: Yes Density Allowed: 1/5,000 Commonly owned lots: None Sanitary Sewer: Yes Water: Yes Storm Sewer: No Existing Street Access: Yes Proposed Land Use: Existing Land Use: Adjacent Land Use: Commemial/SF Vacant North - Residential East - Agricultural South - Industrial West - Agricultural Proposed Zoning: CS/R-2 Existing Zoning: County R-2 Adjacent Zoning: North - County R-2 East - AG South - PI West- C-1/R-2 County Physical Characteristics: The subject parcel is located on the east side of Seippel Road immediately north of the City of Dubuque Industrial Center West. The property generally slopes to the south and has moderate slopes on the property. Proposed Phasing: Phase 1 would include all the commercial and approximately 48 R-2 Two-Family Residential lots. Previous Conditions of Zoning or Plats: None. Dedication of Open Space or Public Amenities:The applicant proposes to dedicate approximately three acres (Lot A) to the City as open space and park land. Proposed Streets and Grades: The applicant is proposing the construction of five new streets to be dedicated to the public. Four of the streets are within the residential portion of the development and vary in grade from 3% to 8%. Recommended Motion: Motion to approve the submitted Preliminary Plat of Westbrook Subdivision subject to deleting the 20-foot frontage of Lot C between Lots 46 and 47 and replacing it with a 20-foot wide utility easement, and annexation of the subejct parcel to the City of Dubuque. Subdivision Staff Report - Westbrook Subdivision Page 2 Conformance with Comprehensive Plan: The Land Use Map of the Comprehensive Plan designates the property for a mixture of commercial and residential development. Impact of Request on: Utilities: City water and sewer can be extended to serve the subject property. The City utilities have adequate capacity to serve the proposed development. Traffic Patterns: The proposed development will generate approximately 1,069 average daily trips from the single-family lots. The number of vehicle trips generated by a particular commercial service business can vary widely, thus, no estimate for the five commercial service zoned lots has been included. Public Services: Existing public services have been extended to this portion of the City of Dubuque because of recent annexations. A new snow route has been established and the address list for Police, Fire and Operations and Maintenace have been updated. Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion control is provided during all phases of development. Adjacent Properties: The proposed development will increase the number of vehicle trips on Seippel Road and will increase the ambient light and noise level of the surrounding area. Recommended Conditions on Plat: Planning staff recommends the preliminary plat of Callahan Subdivision be approved subject to the condition that the 20-foot frontage of Lot C be eliminated and an easement provided between Lots 46 and 47. Staff Analysis: The submitted Preliminary Plat of Westbrook Subdivision encompasses approximately 44 acres and is located immediately north of the City of Dubuque, Dubuque Industrial Center West, and east of Seippel Road. The applicant, Joel Callahan, is also requesting annexation to the City of Dubuque, and approval of the submitted preliminary plat must be contingent upon annexation. The submitted preliminary plat includes 112 residential lots to be zoned R-2, and 10 lots to be zoned CS Commercial Service and Wholesale District. The property will be served by five new public streets. The area to be zoned commercial service will be served by a single cul-de-sac street with access directly to Seippel Road. The R-2 residential lots will be served by four new public streets with two accesses to Seippel Road. Subdivision Staff Report - Westbmok Subdivision The streets serving the R-2 residential lots are of a new design standard approved by the City Council that allows for a 27-foot wide street within a 42-foot right-of-way. Parking will be restricted to one side only on these streets. This new street standard is intended to reduce the cost of installation of new public streets by reducing the width of paving. However, with only one side available for parking, more travel lane width is available when compared to the 31-foot wide street with parking on both sides. The proposed subdivision can be served by extension of the City's water and sewer systems. Sanitary sewer currently terminates on the south side of the proposed subdivision at the property line between Mr. Callahan's pmparty and the City of Dubuque's industrial park. City water is available within the right-of-way of Seippel Road and currently terminates at the property line between the Dubuque Industrial Center West and Joel Callahan's property. The applicant has provided space for construction of storm water detention basins in Lots B, C, D and E. There is also a small portion of a designated 100-year flood plain that encumbers this property. The preliminary plat delineates this area and shows that the proposed cul-de-sac street does encroach on it slightly. This issue can be resolved in one of two ways. First, the street can be shortened so that it does not encroach on the 100-year flood plain, or a flood plain development permit will have to be approved by the City of Dubuque and the Department of Natural Resources. The applicant is also proposing to dedicate approximately three acres to the City of Dubuque for open space/park area. This property is located in the northeast comer of the subdivision, and while a portion of the property is encumbered by a drainage way, there is adequate space for a playground area. Planning staff would recommend that the submitted Preliminary Plat of Westbrook Subdivision be approved with two conditions: 1) That the 20-foot wide frontage for Lot C be eliminated between Lots 51 and 52 and be replaced with a 20-foot wide utility easement; and 2) That approval is subject to annexation of the property to the City of Dubuque. In all other respects, the submitted Preliminary Plat of Westbrook Subdivision is in substantial compliance with City of Dubuque Subdivision Regulations and staffwould recommend that it be approved. Prepared by: ~ ~.. ~_ Reviewed: ~f,,'./~ Date: ~7/~'.~/~,.~ PRELIIVIlNARY PLAT OF WESTBROOK SUBDIVISION AS COMPRISED OF LOT 1 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 AND LOT 2 OF THE SOUTHEAST 114 OF THE NORTHWEST 1/4 IN SECTION 30, T89N, R2E OF THE 5th P.M., DUBUQUE COUNTY,IOWA. LOCATION MAP EROSION CONTROL PLAN FOR WESTBROOK SUBDIVISION AS COMPRISED OF LOT t OF THE SOUTHWEST t/4 OF THE NORTHWEST t/4 AND LOT 2 OF THE SOUTHEAST t/4 OF THE NORTHWEST 1/4 IN SECTION 30, T89N, R2E OF THE 5th P.M., DUBUQUE COUNTY, IOWA. ' ~3~ L ~ .,~ .... _._.~'2 / !~- ~.,~-~, ' I ...... NOTES ........ LOCATION M~ PRELIMINARY PLAT OF WESTBROOK SUBDIVISION AS COMPRISED OF LOT t OF THE SOUTHWEST 114 OF THE NORTHWEST 1/4 AND LOT 2 OF THE SOUTHEAST t/4 OF THE NORTHWEST 1/4 IN SECTION 30, T89N, R2E OF THE 5th P.M., DUBUQUE COUNTY,IOWA. ~ I / i I PREGRADING CONTOURS I I ~_ '~ . " - - . ','-_ .-_i .... ~ I ~ ~'*~ ............... ~ ~ LOCATION ~P ........... PRELIMINARY PLAT OF WESTBROOK SUBDIVISION AS COMPRISED OF LOT 1 OF THE SOUTHWEST 114 OF THE NORTHWEST 1/4 AND LOT 2 OF THE SOUTHEAST 114 OF THE NORTHWEST 1/4 IN SECTION 30, T89N, R2E OF THE 5th P.M., DUBUQUE COUNTY,IOWA. L !; ' IPOS~O.*D,.OCO.TOURS[ ,~ ,~ . ~,~ ~:-. ..... ~ ,,...~... , ,,. , , ~J~, ~ ' 'U /,~ ,, ~1 I'::',~ ~~~~~?&~~l .............. ~ ~ ..... .~ .......... .. -/ ,',, : ............ 3. ~ ....... ~ ~* ~ LOCATION ~P ............ PRELIMINARY PLAT OF WESTBROOK SUBDIVISION AS COMPRISED OF LOT 1 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 AND LOT 2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 IN SECTION 30, T89N, R2E OF THE 5th P.M., DUBUQUE COUNTY,IOWA. LDT 3 NOTES LEGEND i~MIDDLE ROAD~ PROPOSED SUBDIVISION LOCATION MAP JOELCALLAHAN COMMERCEPARK BUESING & ASSOCIATES CONSULTING ENGINEERS GREE~ACE-PARK AREA / SUBDIVISION AREAS DATE J REVISIONS DRAWN BY: EROSION CONTROL PLAN FOR WESTBROOK SUBDIVISION AS COMPRISED OF LOT 1 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 AND LOT 2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 IN SECTION 30, T89N, R2E OF THE 5th P.M., DUBUQUE COUNT~,IOWA. ION SEDIMENT BASIN TO BE USED AS DETENTION WATER BASIN AT THE COMPLETION DF GRADING PRDJECT, LEGEND NOTES 0 40 80 SCALE IN FEET t60 MIDDL~ ROAD LOCATION MAP - 1. QUANTITY AND LOCATION DF TOPSOIL SHALL BE STOCKPILED PER OWNERS DIRECTION. 2. ALL DISTURBED AREAS SHALL BE SEEDED AT THE CONCLUSION OF THE GRADING PROJECT. 3. GRADING CONTRACTOR SHALL PRD¥IDE SEDIMENT AND EROSION PRVENTIDN PRACTICES, SUCH AS INTERCEPTOR DIKES AND SWALES AND TEMPOARY SEDIMENT BASINS, SUCH PRACTICES SHALL BE INCIDENTAL TD THE SITE GRADING COSTS. SHEEr TTFLE I pROJECT I N0.~118~ I BUESiNG & ASSOCiATi=~ EROSION CONTROL PLAN m~Nm&OEV~.Oi,~R JOEL CA~U~HAN ........... CONSULTING ENGINEERS JULY~O120~3 PRELIMINARY PLAT OF WESTBROOK SUBDIVISION AS COMPRISED OF LOT t OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 AND LOT 2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 114 IN SECTION 30, T89N, R2E OF THE 5th P.M., DUBUQUE COUNTY, IOWA. I PREGRADING CoNTOURs LDT D NOTES f f ~RoPOs~su8?'~s~pH I . LOCATION MAP SUMMERLIN DR, PEBBLE CREEK DR, TRAILS EDGI COMMERCE PARK · , BUESINo &ASSOCIATES ~m~l I ~& JOEL ~ CONSULTING ENGINEERS SUBDIVISION AREAS GREENSPACE AND PARK,AREA PROPOSED ZONINR $~=~NI~)N~ ONIJ.'InSNO0 S=I-L¥1OOS$¥ ~ ~)NIS=;n8 MI:IVd 30~13flflO0 dVl~ NOIJ.VO09 aNg939 S310N Is~{nO/NO0 ~NIQ~q:ig.LSOd I NOTICE OF PUBLIC HEARING The Dubuque City Council will hold a public hearing on a voluntary annexation request. The public hearing will be held: DATE: Monday, August 18, 2003 TIME: 6:30 p.m. PLACE: Auditorium, Carnegie Stout Public Library, 360 W. 11th Street, Dubuque, Iowa At the public hearing, all interested parties may present oral and written comments for or against the following proposal: APPLICANT: Joel Calla- han, Callahan Construction LOCATION: East of Seip- pel Road, North of Du- buque Industrial Center West PROPOSAL: Voluntary annexation of approxi- mately forty (40) acres concurrent with rezoning to CS Commercial Service and Wholesale District and R-2 Two-Fatnily Residen- tial District. Additional information is available during regular business hours at: Plan- ning Services, City Hall, Second Floor, 50 W. 13th Street, Dubuque, IA 52001, telephone (563) 589-4210. Written com- ments may be sent to the City Council at this same address. /s/Jeanne F. Schneider, CMC, City Clerk 1 t 7/25 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Sherri A. Yutzy, 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: July 25, 2003, and for which the charge is $11.32. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this01-t day of C` , , 20 ®j . Notary Public in and for Dubuque County, Iowa. BIBBY K. WE$TERMIRYl II Commlarl�sf± dumber 154885 ,ow, My Comm. Exp. FEB. 1, 2005 NOTICE OF PUBLIC HEARING The Dubuque City Council will hold a public hearing on a voluntary annexation request. The public hearing will be held: DATE: Monday, August 18, 2003 TIME: 6:30 p.m. PLACE: Auditorium, Carnegie Stout Public Library, 360 W. 11th Street, Dubuque, Iowa At the public hearing, all interested parties may present oral and written comments for or against the following proposal: APPLICANT: Joel Calla- han, Callahan Construction LOCATION: East of Seip- pel Road, North of Du- buque Industrial Center West PROPOSAL: Voluntary annexation of approxi- mately forty (40) acres concurrent with rezoning to CS Commercial Service and Wholesale District and R-2 Two -Family Residen- tial District. Additional information is available during regular business hours at: Plan- ning Services, City Hall, Second Floor, 50 W. 13th Street, Dubuque, IA 52001, telephone (563) 589-4210. Written com- ments may be sent to the City Council at this same address. /s/Jeanne F. Schneider, CMC, City Clerk 1 t 7/25 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Kathy Hefel-Goetzinger, 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: July 25, 2003, and for which the charge is $11.32. 7\76(e(i--(1- K20.6-K0e Subscribed to before me, a otary Public in and for Dubuque County, Iowa, this acoi day of ,20 . P„ tary Public in and for Dubuque County, Iowa. P'`" f -''--- JANET K. PAPE , � ,Cammiselon Number 199659 t_p Eomfnlsalon Expires 121111W