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Callahan Construction Annexation Application Barry A. Lindahl, Esq. Corporation Counsel Suite 330, Harbor View Place 300 Main Street Dubuque, Iowa 52001-6944 (563) 583-4113 office (563) 583-1040 fax baIesq@cityofdubuque.org "..~ THE CITY OF C. -".. DI-Yiffi(mE ~ck~ March 30, 2005 Mayor Terrance Duggan and Members of the City Council City Hall - City Clerk's Office 50 West 13th Street Dubuque,IA 52001 RE: Resolution Re-approving the Application for the Voluntary Annexation of Territory Owned by Callahan Construction, Inc. Dear Mayor and Council Members: In 2003, Joel Callahan, President of Callahan Construction, Inc., submitted a written application for the voluntary annexation of approximately 40 acres of territory lying outside the corporate limits of the City of Dubuque. The City Council approved the application for voluntary annexation and submitted it to the City Development Board in August 2003. The City then requested that the application be withdrawn from the City Development Board to be resubmitted at a later date as a part of an 80/20 voluntary annexation of approximately 704 acres of territory. The 80/20 voluntary annexation was approved by the City Development Board. However, that decision has been appealed by the City of Asbury to the Iowa District Court for Dubuque County. The decision of the City Development Board approving the 80/20 voluntary annexation has been filed with the Secretary of State of Iowa and recorded with the Dubuque County Recorder and thus the annexation of the 704 acres, including the Callahan Construction, inc. property, is now in effect and that territory is a now part of the City of Dubuque. However, because the City of Asbury appeal is still pending, there is a possibility that the City Development Board decision could be set aside, putting the territory back in the county. Mr. Callahan has requested, in the event that should occur, that the City of Dubuque resubmit the original application of Callahan Construction, Inc. for voluntary annexation of the approximately 40 acres to the City Development Board for further proceedings. The enclosed resolution provides that in the event the City of Asbury's appeal of the decision of the City Development Board is successful and its decision set aside, the City Clerk shall resubmit the previous resolution approving the voluntary annexation of the Service People Integrity Responsibility Innovation Teamwork approximately 40 acres of property owned by Callahan Construction, Inc. to the City Development Board for further proceedings as provided by law. I recommend that the resolution be adopted. arry A. Lindahl, Esq. Corporation Counsel BAL:tls Enclosure cc: Michael C. Van Milligen, City Manager Cindy Steinhauser, Assistant City Manager Laura Carstens, City Planner Frank Smith, Esq. Jennifer Clemens-Conlon, Esq. Prepared by: Barry A. Lindahl Address: 330 Harbor View Place - 300 Main Street Telephone: 563-583-4113 RESOLUTION NO. 122-05 RE-APPROVING THE APPLICATION FOR THE VOLUNTARY ANNEXATION OF TERRITORY OWNED BY CALLAHAN CONSTRUCTION, INC. Whereas, on July 9, 2003, Joel Callahan, President of Callahan Construction, Inc., submitted a written application for the voluntary annexation of approximately 40 acres of territory lying outside the corporate limits of the City of Dubuque, Iowa; and Whereas, on August 18, 2003, the City Council, by Resolution No. 287-03, a copy of which is attached hereto, approved the application; and Whereas, on August 26, 2003, the City of Dubuque submitted the application to the City Development Board; and Whereas, on September 9, 2003, the City of Dubuque requested that the application be withdrawn from the City Development Board to be resubmitted at a later date as part of an 80/20 voluntary annexation of approximately 704.5 acres of territory lying outside the corporate limits of the City of Dubuque, Iowa; and Whereas, the 80/20 voluntary annexation was approved by the City Development Board and its decision has been filed with the Secretary of State and recorded by the Dubuque County Recorder; and Whereas, the City of Asbury has filed an appeal from the decision of the City Development Board in the Iowa District for Dubuque County; and Whereas, Joel Callahan has requested that in the event the City of Asbury's appeal is successful and the decision of the City Development Board on the 80/20 voluntary annexation set aside, the City of Dubuque re-submit the original application of Callahan Construction, Inc. for voluntary annexation of approximately 40 acres to the City Development Board for further proceedings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: In the event the City of Asbury's appeal of the decision of the City Development Board on the 80/20 voluntary annexation is successful and the decision set aside, the City Clerk shall re-submit Resolution No. 287-03, including all exhibits and the application for voluntary annexation, to the City Development Board as provided by law for further proceedings. " ,\ Passed, approved and adopted this 4th day of April ,2005. Terrance M. Duggan, Mayor ATTEST: Jeanne F. Schneider, CMC City Clerk . p' . .'. 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 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 I 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. . . 'J 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: a< For the 1st year, 75% b. For the 2nd year, 60% c. For the 3rd year, 45% d. For the 4th year, 30% e. 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, aU exhibits and the application for voluntary annexation with the State of Iowa in accordance with State regulations. . 18th Passed, approved and adopted thiS day of August 2003. Attest: /1:J1v~ a,~ Patricia A. Cline, Mayor Pro- T em DU~~E ~<k~ MEMORANDUM August 13,2003 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: 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 reapily served by City water and sewer. I concur with the recommendation and respectfully request Mayor and City Council approval. (YlJi L;;~ j11Je Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager 0 C) G.J 0-< :r::-~ '--'; . . -"J "- f':;') -:-.~ , ' ' . - -.- -) - .-......, ~ ., i: ,J - :=:.~ .-- - -:,.,.- '- :._~-,';, ill j-> ---, ex) -'-. 0 r;' G:I *. La,) i5UB~ ~tk~ MEMORANDUM July 16,2003 TO: FROM: Michael C. Van Milligen, City Manager Laura Carstens, Planning Services Manager ~ SUBJECT: 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 Seippel 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 ih. 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 five-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 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 Joe Callahan, Callahan Construction ., DUB~ ~~~ Oty of Dubuque Planning Services Department Dubuque, lA 5200 1-4864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPUCATION FORM o Variance OConditional Use Permit OAppeal OSpecial Exception OUmited Setback Waiver r!1Rezoning DPlanned District DPreliminary Plat DMinor RnaI Plat Qrext Amendment OSimple Site Plan o Minor Site Plan o Major Site Plan o Major Final Plat DSimple Subdivision !Xl Annexation [)Temporary Use Permit DCertificate of Economic Non-Viability DCertificate of Appropriateness . OOther: Please type or Drint 'ecliblv in Ink Property owner(s): Ca llahan Con s true t i on, I ne . Address: 12831 No b 1 e Rid g e Oty: Du b u que Phone: 563-588-4273 State:-LL- Zip: 52002 fax Number: 563-588-4273 Applicant/Agent: Joe 1 M. Callahan Address: 12831 Noble Ridge Fax Number: 563 - 588 - 4 2 7 3 J 1 Oty: Dubuque State: l!- Zip: 52002 Mobile/Cellular Number: 2 1 3 1 0 1 5 Sitelocationjaddress: Seippel Road north of the Dubuque Industrial Center West Existing zoning: R2 Proposed zoning: ~Q..~ Historic District: landmark: County Legal Desoiption (Sidwell parcel ID# or lot number/block number/subdivision): see at t a e h e d Total property (Jot) area (square feet or acres): a p pro x i rn ate 1 y ct 0 a ere s Describe proposal and reason necessary (attad1 a letter of explanation, if needed): Deve 10 prnen t CERTIFICATION: I/we, the undersigned, do hereby certify that: 1. The information submitted herein is true and correct to the best of my/our l<r1owiedge and upon submittal becomes pubfic record; 2. Fees are not refundable and payment does not guarantee approval; and 3. All additional required written and graphic materials are at:tad1ed. Property OWner(s): Appiicantj Agent: r~l tS.l;li '-" Date: Date: 7/CC/()3 ." .. Fee: Received by: DSite/sketch plan 0 Conceptual e10pment Plan Dlmprovement plans DDesign review project desaiption FOR OFFICE USE ONLY - AP UCATION SUBMnTAL CHECKUST Z Date: 7/ql#~ Docket: , . OPhoto o Plat OAoor plan OOt:t1er: .', 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 13th Street Dubuque, Iowa 52001-4845 Re: Request for V oluntaIy 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 Y.4 of the north west Y.4 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. in Dubuque County, Iowa. This application is concutrent with rezoning of the above property. The 40 acre parcel east ofSeippel Road and north of the Dubuque Industrial Center West is currently county R-2. I am requesting a change to a combination ofCS 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, H eft------ Joel M. Callahan, President EXHIBIT A Legal 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 % in Section 3D, 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. I. ::!I~ - -r ............... ~.... __amoll ...01......_ .,......., Dubuque City limits Proposed rezoning area Asbury City limits ASB RY RD Applicant: Joel Callahan Location: Seippel Road (Jl ", ;; "'lJ el 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 J ~ 1lENe-,"~ ". 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 theNW ~ and Lot 2 of the SE ~ ofthe NW ~ in Section 3D, T89N, R2E of the 5th P.M. in Dubuque County, Iowa Proposed Land Use: Commercial, One and Two-Family, Park/Open Space Existing land Use: Agricultural Existing Zoning: County R-2 Adjacent land Use: North - Residential East - Agricultural South - Industrial West - Residentiallvacant Adjacent Zoning: North - County R-2 East - City AG South - City PUD West - County C-1 and R-2 Flood Plain: Partial Total Area: 39.25 acres Water: Adjacent to site Existing Street Access: Seippel Road Storm Sewer: Adjacent to site 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 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 SO-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 #11. The SO-acre property 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 comer 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 projecf' 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~~ Reviewed: l'" {I>. Date:1\ r~\o3 Dubuque County Elections 720 Central Ave Dubuque, Iowa 52001-7056 'ID) IE ~ IE 0 \Y11E 1m lI1l JUl 24 2003 & CllY OF DUBUQUE PlANNING SERVICES DEPARTMENT Phone (319) 589-4457 Fax: (319) 589-4478 E-mail: e1ections@dbqco.org July 22, 2003 Laura Carstens Planning Services Manager Dubuque City Hall 50 West 13th St Dubuque, 10w2a 52001 Dear Laura: Denise Dolan requested that Jeff Miller of the Mapping Department and I review the annexation from 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 5th 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. ~ ()/~ Tom O'Neill, Deputy Commissioner of Elections Denise Dolan. Tom O'Neill ~~ ~ \\ \ '" ~, CALLAHAN VOLUNTARY ANNEXATION CITY OF DUBUQUE / Callahan Prope ~, '.- " / ~~ ! ) I I ~ ( / . . , , ........01 ~L -('.... .~. .....-.-.. ~- O__IMlllM atw"~'- II I 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. B Proposed Area to be Rezoned to CS Asbury City limits ~- _/~~~~ -- (J) m 'ii "1l .... i I~ I \ MI~LE RD . ------r-- I ~I " .' m 'ii "1l \~ \...c./jI\VENe-~~~ I --.- I H=~ \+<- " J' .p 1 1_--1 ,.1 -- --- -11 i I 1n ,-::. I Proposed Area I to be Rezoned .. . t, 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 ofthe 5th p.m. Exhibit A ~.: .. ~ 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 SWY-. of the NWY-. of Section 30, T89N, R2E ofthe 5th P.M. in Dubuque County, Iowa. . Proposed land Use: Commercial, One and Two-Family, Park/Open Space Existing land Use: Agricultural Existing Zoning: County R-2 Adjacent Zoning: North - County R-2 East - City AG South - City PUD West - County C-1 and R-2 Adjacent land Use: North - Residential East - Agricultural South - Industrial West - Residential/vacant Flood Plain: Partial Total Area: 40 acres Water: Adjacent to site , Existing Street Access: Seippel Road Storm Sewer: Adjacent to site 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. . . ~ ) t ~ 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 corner of the subdivision. While a portion of this lot is in a drainage way, there is sufficient space to provide a playground area. · ~ ~ t i 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 Annexatior:' 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: "'fA Date:~