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Wayne Stewart Rezoning NOV-10-1999 WED 05:41 PM 1 FAX NO. .. Brinn]. Kane Gary K. Norby Les V. Reddkklf D. Flint Drake BradJ. Herin!; Todd L. Stevenson" Louis P. pfeller Mary Beth Pfeiler Salmon KANEJ NORBY & REDDICK, P.C. A'l"'rORNEYS 2100 ASBURY ROAD, SUITE 2 DUBUQUE, IA 52001.3069 All admitted in Iowa. If Aho :ldmitted in Illinois 'f*A!so admimd in Wisconsin PhOJ1e: (3-19) 582-7980 Fll.csimile: (319) 582-5312 &omail: lulrpc@mwci.net November 10, 1999 The Honorable Mayor Terry Duggan and Dubuque City Council Members c/o City Clerk 50 W. 13th St. Dubuque, IA 52001 Rlr WAYNE STEWART Dear Mayor Duggan and Lad~es and Gentlemen: Mr. Stewart had requested a public hearing on the denial of his request for rezoning. Mr. Stewart now wish~s to withdraw that request for hearing. The hearing is scheduled for November 15, 1999. Please consider this a request to remove that item from the Council's agenda. Should you have any questions please contact the undersigned. Best regards, KANE, NORBY & REDDICK, P.C. By ~.", ~~ffi'-- Todd L. Stevenson TLS/bmc cc: Mr. Michael Van Milligen Ms. Laura Carstens a,\WpDOCi\an~~\l>OCG\TL8\lt.wut.l.t.. tg Ten)' D111!t"" aile! cauneil Meml:>OU,\tlId <..0 ,-0 o ;::.: r-i"-"":::" ~J ..-? ........ (::) c::: ~- '. ., --.,.~, """'- :~) C s;: ~:. '0- (\) P. 02/02 C> "JJ rn o ;-\1 -:;::: '8 -0 ::; .r:- .. W .....J ~ CITY CLERK'S OFFICE CITY HALL, 50 W. 13TH ST. DUBUQUE, IOWA 52001 Phone: (319) 589-4100 Fax: (319) 589-0890 COM PAN FAX NO. 5" 5 / - Y & 0<' 1 NO. OF PAGES TO FOllOW: / , / /L TO: FROM: Mary A. Davis, City Clerk (Ph. 589-4121) Karen Chesterman, Deputy City Clerk (Ph. 589-4120) Susan Winter, Permit Clerk (Ph. 589-4122) MESSAGE: Please Publish As Dated. As We Discussed. Please Review the Following & Call Me. Thought You Might Be Interested In the Following. !\ I ( ._~?/~/t j~ oi~ ' . ; 1./ \. . I . /1..-,-.------------ \. . ,.__--r7/ / l_--?/: ' ,.' ,,' . (I / _ -J~--;'Y/ pc. ',_,,-,,:/: fj ~ v /(1;;, .~ ~-;jpT > - tf/ 7f/~~/j1- ~ W~- --.....,\ ,) )," :).- . 1 q /\ ( P f1 ! 1.1 ,A.I/J . ~(fA.,/ ~ '/lY'b' ! / \! ,// "1' //" ,// 1 ~/ \ / / NOV-I0-1999 WED 05:41 PM FAX NO. P, 01/02 !\ri~n J. Kane Guy K. Norby Les V. Rc:ddick'f :0. !llint Drake"''' Bud J. Herin: Todd L. Stevenson'" Louis F. l'feill!r MaryBeth NeUer Salmon KANEJ NORBY & REDDICK, P.C. ATIORNEYS 2100 ASllUR,Y ROAD, SUITE 2 DUBUQUE. IA 52001.3069 All acilnitted in Iowa 'fAlso ;1omittcd in nlinois *" Al~o admittd in Wuconsin Phone: (319) 582-7980 Facsimile: (!19) 582-5312 e-mail: k.nrpc@mwcl.llet TELECOPIER COVER SHEET CONFIOBN'l'IALITY NOTICE: The documents accompanying this fax transmission contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity named below. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on or regarding the contents of this faxed information is strictly prohibited. If you have received thia fax in error, please immediately notify us by telephone to arrange for return of the original documents to us. DATE: November 10, 1999 TO: Mary Davis TRL~COPIER TELEPHONE NO.: (319) 589-0890 FROM: Todd L. Stevenson NUMBER OF PAGES BEING TRANSMITTED (INCLUDING COVER SHEET): 2 MESSAGE: o w -.. :::::- UJ U W 0: Should you have any questions about the material being transmitted or should you find tha.t any pages are missing, please contact ~end~ at (319) 582-7980. M 0 .. ~F:: < ..::r h --- :lC '-j 0- o :::',..4 o -.0 :z; -=::..,' ~ (5 0"\ **************************************************************************************************** * P,01 * . * ; TRANSACTION REPORT * * NOV-10-99 WED 05:41 PM * * * * DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP * * * * NOV-10 05: 41 PM 95582347 42" 1 SEND OK 905 * * * * * * TOTAL : 42S PAGES: * * * **************************************************************************************************** NOV-I0-1S99 WED 05:41 PM FAX NO. P. 02/02 BlinnJ. Kane Gary K.. N'cnby 16$ V, Reddick" D. FliTl~ Dmke Bud]. Hcyin& Todd L. Ste\'enson'f LOUIS- 11, pfellu M:\l'}'lh:lh Pfell~f Salmon KANE~ NORBY & REDDICK, P,C. Al"l'ORNEYS 2100ASD'(JRYROAD, SUl'rn 2 DtnlUQUF., IA 52001.3069 All :ldi%UuN in 1ow;I. 'I Al,o ;\dmittlld in Illl4oi1 :'*AL.-o :ldnUm:d in WiscoMin PhOAC: (}-I!>) 582-7980 F~~~le: (319) 58.Mj12 E-mail; kllrpc@nnrci.nee November 10, 199~ The Honorable Mayor Terry Duggan and Dubuque City Council Members c/o City Clerk 50 W. 13tll St, DUbuque, IA 52001 R.lt WAYm; STIWART Dear Mayor Duggan and Ladie~ and Gentlemen~ Mr. Stewart had re~ue8ted ubli his requ~st for rezonin a p , c hea~~ng on the dental of :r:~ques~ for hearing ihe ~';a;itewa1rt nowh wish~s to withdraw that , IH'lr\ ..., '.' ng 6 so edul~d fn"" ?T^_...._'l..~_ ~,. Brian J. Kane Gary K. Norby Les V. Reddick* D. Flint Drake Brad J. Heying Todd L. Stevenson* Louis P. pfeiler MaryBeth pfeiler Salmon KANE, NORBY & REDDICK, P .C. ATTORNEYS 2100 ASBURY ROAD, SUITE 2 DUBUQUE, IA 52001-3069 All admitted in Iowa. .} Also admitted in Illinois 'H} Also admitted in Wisconsin Phone: (3'19) 582-7980 Facsimile: (319) 582-5312 E-mail: knrpC@mwci.net November 10, 1999 The Honorable Mayor Terry Duggan and Dubuque City Council Members c/o City Clerk 50 W. 13th St. Dubuque, IA 52001 RE: WAYNE STEWART Dear Mayor Duggan and Ladies and Gentlemen: Mr. Stewart had requested a public hearing on the denial of his request for rezoning. Mr. Stewart now wishes to withdraw that request for hearing. The hearing is scheduled for November 15, 1999. Please consider this a request to remove that item from the Council's agenda. Should you have any questions please contact the undersigned. Best regards, KANE, NORBY & REDDICK, P.C. ....~~~ Todd L. Stevenson By TLS/bmc cc: Mr. Michael Van Milligen Ms. Laura Carstens G,\WPDOCS\BRENDA\DOCS\TLS\Stewart.ltr to Terry Duggan and Council Members.wpd 1!' t{ " " Prepared by: Laura Carstens. City Planner Address: 50 W. 13th St.. City Hall Telephone: 589-4210 ORDINANCE NO, _-99 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE SOUTHWEST CORNER OF OLD HIGHWAY ROAD AND SEIPPEL ROAD FROM DUBUQUE COUNTY R-1 RURAL RESIDENTIAL DISTRICT TO THE CITY OF DUBUQUE MHI MODERATE HEAVY INDUSTRIAL AND LI LIGHT INDUSTRIAL DISTRICTS, CONCURRENT WITH ANNEXATION. Whereas, Wayne Stewart, property owner, has 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from Dubuque County R-1 Rural Residential District to City of Dubuque MHI Moderate Heavy Industrial and LI Light Industrial Districts, to wit: As shown on Exhibit A, and to the center line 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. Seciton 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 day of ,1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk F:\USERS\MELlNDA\WP\COUNCI L \ORD\SEIPPEL.ORD EXHIBIT A CountyM-1 ~ I N /~~~ghwaYR~_ County R-1 I C~~~ Y //'/:unty M-2 /!i!il!l!il~l!i!\i\iiiiiiiiiillii!liii!li i: i \1 i i: i: 1::: i:::":":::::: ~~~--_.------ City AG ..:.:.:.;...:................................................ .. CountY. R.1 . . . . .. I I>> \ \ \ b' \ County R-1 '/;. Il"!ll Area to be rezoned to L1. .:;;;;;;;;;;;;;;;;;; I11111111II11I11111 Area to be rezoned to MHI. ~!~HiH~!HH~H!~ .:.:.:.:.:.:.:.:.;. City Boundary Applicant: Wayne Stewart Location: Southwest Corner of Old Highway Road and Seippel Road Proposal: To rezone property in conjunction with annexation from County R-1 Residential District to City LI Light Industrial and MHI Modified Heavy Industrial District. ~ ~ Planning Services Division City Hall, 13th & Central Avenue Dubuque. Iowa 52001 (319) 589-4210 i5~~~E ~~~ PLANNING APPLICATION FORM Zoning Board of Adjustment Variance Conditional Use Permit Appeal Special Exception Limited Setback Waiver Zoning Commission ~ Rezoning 'III /An~ _ Planned District _ Preliminary Plat _ Minor Final Plat - Text/Plan Amendment Development Services _ Simple Site Plan _ Minor Site Plan _ Major Site Plan _ Major Final Plat -.A-An~ Property Owner(s): - ~~ Address: P,a. '6oJ{ l\l PLEASE TYPE OR PRINT LEGIBLY IN INK fJ fN /I~ttiDn Sk-tvllrt; W.e. ~~\....X!,v"relePhone: S- '85- 4 'f'1h City: ~ State: If' Zip: SleX):.}- tL~ Applicant/Agent: ~Y'v\e. Telephone: Address: City: State: Zip: Site Location/Address: Lot 1- Df- f'ndSOf\ Ca..k &::.tr.Ltes \ sW' ~ of Dl~ l~\xIl\J~ tzj. aVl~ ~ ~. Existing Zoning: Q.oun-t~ R- , Proposed Zoning: CA:-tr MH-.I +L-:C Le al Description (metes and bounds. or lot number/block number/subdivision): L'O-t 2. of ~0Yl . r\J\b\~ l.() (-(-1-4 \ e - ,-, ~ - eq R.o.. tk . tn. Total Property (lot) Area (Sq. Feet or Acres): 35. 2t tl~~ Number of lots: + R:D.'W. CERTIFICATION: 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 becomes a pUblic record; 2) Fees are not refundable and payment does not guarantee approval; and 3) All additia?"l r<;'\1Uired writle~ and~ __:::;:~:~i"'_attached. 1-- Property Owner(s):(/W a~ C-~ Date: Applicant/Agent: / Date: ~)J fO Iq~ r FOR OFFICE USE ONLY - APPLICATION SUBMITTAL CHECKLIST ;; . / Jill. Fee: I, ODD Received by: -'")4 U-<.vll(//.-h-- Date: Docket: Property Ownership List: Site Plan: Floor Plan: Plat: Conceptual Development Plan: Improvement Plans: Other: Service People Integrity Responsibility Innovation Teamwork REZONING 5T AFF REPORT Zoning Agenda: October 6, 1999 Property Address: Southwest corner of Old Highway Road and Seippel Road Property Owner: Wayne Stewart Applicant: Wayne Stewart Proposed Land Use: Industrial Proposed Zoning: HI Heavy Industrial Existing Land Use: Agricultural Existing Zoning: County R-1 Rural Residential Adjacent Land Use: North: Residential East: Agricultural South: Agricultural West: Industrial Adjacent Zoning: North: County R-1 East: City AG South: County R-1 West: County M-2 Former Zoning: County R-1 Total Area: 45.21 acres Property History: Wayne Stewart has requested annexation and rezoning to MHI Modified Heavy Industrial and LI Light Industrial Districts concurrent with annexation. The property has been in agricultural use for decades. Physical Characteristics: The property is vacant farm land with frontage on both Old Highway Road and what will be the extension of Seippel Road. The topography is gently rolling and drains to the southwest. Concurrence with Comprehensive Plan: The Land Use and Urban Design Infrastructure and Economic Development Elements of the Comprehensive Plan include goals and objectives related to the need to annex and provide utilities to future growth areas for industrial development. The 1995 Comprehensive Plan Future Land Use Map did not identify the subject property as a potential growth area; however, the subject property was included in Area 4 of the 1997-1998 Annexation Study. Impact of Request on: Utilities: The property can be adequately served from a 12" water main along the new alignment for Seippel Road. An 8" sanitary sewer interceptor is approximately one mile away at this time. Traffic Patterns/Counts: The proposed property has frontage on both Old Highway Road and what is currently Cottingham Road. With the completion of construction of the extension of Seippel Road, the subject property will have frontage on Seippel Road. Average daily traffic counts from 1997 are 2,270 for Old Highway REZONING STAFF REPORT Page 2 Road and approximately 1,500 for Seippel Road at its intersection with Old Highway Road. Public Services: Response time for City Police, Fire and Emergency Services will be the same as or less than response times of County and volunteer services. The City has identified that an additional or relocated fire station may be needed in the future as the community develops to the west. The City also has identified that annexation will require an additional snow removal route. Environment: Storm water management will be required as part of the review and approval of any site development. Adjacent Properties: Development of the subject parcel for industrial businesses will impact adjacent property through increased levels of automobile and truck traffic as well as the visual change of an agricultural field converted to industrial buildings. The land to the west is zoned County M-2, which is industrial. Single family homes have been built along Old highway Road north of the property. CIP Investments: The City is nearing completion of extension of a 12" water main along the Seippel Road extension as well as extension of an 8" sanitary sewer interceptor to a point that is approximately one mile southeast of the subject property. Southeast of the property the City plans to construct an industrial park. Staff Analysis: Wayne Stewart is requesting the annexation and rezoning of a 45 acre parcel from County R-1 Rural Residential District to City MHI Modified Heavy Industrial and LI Light Industrial Districts. The subject property is on the southwest corner of Old Highway Road and Seippel Road. A copy of the list of MHI permitted uses is attached. The proposed 45 acres of land was included in the City's Annexation Study as part of Area 4. Area 4 is comprised a total of 530 acres. The Annexation Study proposed approximately 424 acres of Area 4 for industrial development while the balance, 106 acres, was for park and open space. The Annexation Study looked at 14 growth areas and ranked them in terms of priority. Area 4 was one of the areas designated as Priority 1, an area of immediate opportunity. Priority 1 areas represent areas recently purchased by the City for the development of industrial sites and areas critical to the preservation of entrance ways and transportation corridors. Additionally, they represent areas under active development that will allow greater control over land use and building standards to help ensure more orderly development patterns. Access from the site would most likely be off of the newly constructed extension of Seippel Road, which would provide a direct pathway to U.S. Highway 20. However, Mr. REZONING STAFF REPORT Page 3 Stewart indicated that there may need to be an access near the bridge on Olde Highway Road to serve the proposed MHI District. Mr. Stewart also discussed with staff leaving a buffer parallel to Olde Highway Road. The buffer would be created by not excavating the area adjacent to Olde Highway Road which would leave a berm approximately 20 feet high. The Zoning Advisory Commission can place conditions on rezoning requests to mitigate potential adverse impacts to adjacent properties. The Commission may want to consider requiring the aforementioned buffer if they want to recommend approval of the requested rezoning. Staff recommend that the Zoning Advisory Commission review Section 6-1.1 of the Zoning Ordinance that establishes criteria for reviewing rezoning requests. Prepared by: Reviewed: .1/ / /I- , Date: 7/2<f)ri I APPENDIX A-ZONING ~ 3-4 Building height: one hundred feet (100') for all permitted uses, forty feet (40') for gas station, bar/tavern, automated gas station, drive-in/carry-out restaurants. is not generally intended to be an expandable district other than through the use of a planned unit development district as provided in Section 3-5.5 of this Ordinance. *Except where abutting a residential or office residential district, then six foot (6') side yard and twenty percent (20%) lot depth rear yard setbacks required. (B) Principal Permitted Uses!: The following uses shall be permitted in the LI Dis- trict: (G) Parking Requirements: See Section 4-2 of this Ordinance. (1) Railroads and public or quasi-public utilities including substations-[47]. (H) Signs: See Section 4-3 of this Ordinance. (Ord. 35-85, S 1, 6-3-1985; Ord. 7-88, S 1, 2-15-1988; Ord. 18-88, S 1, 3-7-1988; Ord. 36-88, S 1, 8-1-1988; Ord. 65-88, S 1, 12-19-1988; Ord. 23-90, SS 1-5, 20, 3-19-1990; Ord. 26-90, S 2, 3-19-1990; Ord. 28-90, S 1, 4-2-1990; Ord. 70-90, S l(aHd), 9-4-1990; Ord. 95-90, S 1, 12-17-1990; Ord. 34-91, S 3, 5-6-1991; Ord. 73-91, S 1, 10-7-1991; Ord. 10-92, SS 1, 2, 2-3-1992; Ord. 37-92, S 1, 5-18-1992; Ord. 57-92, S 1, 8-3-1992; Ord. 58-92, S 1, 8-3-1992; Ord. 59-92, S 1, 8-3-1992; Ord. 61-92, S 1, 8-3-1992; Ord. 12-93, S 2, 3-15-1993; Ord. 41-94, S 1, 8-1-1994; Ord. 54-94, S 1, 10-3-1994; Ord. 55-94, S 1, 10-3-1994; Ord. 56-94, S 1, 10-3-1994; Ord. 57-94, S 1, 10-3-1994; Ord. 9-98, S 1, 3-2-1998) (2) General offices-[14]. (3) Medicalldentallab-[8]. (4) Personal services-[14]. (5) Off-street parking lot-[N/A]. (6) Gas station-[18]. (7) Grocery store-[17]. (8) Bakery (wholesale/commercial)-[19]. (9) Indoor restaurant-[20J. (10) Drive-in/carry-out restaurant-[28]. (11) Bar/tavern-[20]. 3-4. Industrial Districts: (12) Automated gas station-[18]. 3-4.1. LI Light Industrial District: (13) Service station-[21]. (A) General Purpose And Description: The LI District is intended to provide for a variety of uses associated primarily in the conduct of light manufacturing, assembling and fabrication, warehousing, wholesaling and commercial service operations that require adequate accessibility to transportation facilities. This District is designed to accommodate the expansion of existing uses and provide for infill of vacant properties but (14) Drive-up automated bank teller-[8]. (15) Self-service carwash-[8]. (16) Animal hospital/clinic-[23]. (17) Furniture upholstery repair-[18]. (18) Business services-[29]. (19) Banks, savings and loans, and credit unions-[31]. 1. Numbers in brackets in this subsection, e.g.. [47J. refer to parking groups. See Section 4-2 of this Ordinance. Supp. No. 37 3713 9 3-4 DUBUQUE CODE (20) Vending/game machine sales/ser- vice-[19]. (21) Indoor recreation facilities-[37]. (22) Mail-order houses-[23]. (23) Lumberyards/building materials sales-[19]. (24) Construction supplies, sales and service-[19]. (25) Printing and publishing-[32]. (26) Moving/storage facilities-[33]. (27) Full-service carwash-[8]. (28) Auto service centers-[34]. (29) Auto sales and service-[38]. (30) Auto repairlbody shop-[35]. (31) Truck sales, service and repair-[39]. (32) Farm implement sales, services and repair-[39]. (33) Auto parts/supply-[17]. (34) Mobile home sales-[ 40]. (35) Motorcycle sales/service-[ 41]. (36) Boat sales/service-[40]. (37) Recreation vehicle sales/service- [38]. (38) Vehicle rental-[47]. (39) Upholstery shop-[42]. (40) Parking structure-eN/A]. (41) Personal-[29]/business services- [14]. Supp. No. 37 3714 (42) Contractors shop/yard-[33]. (43) Wholesale sales/distributor-[29]. (44) Freight transfer facilities-[ 44]. (45) Fuel and ice dealers-[33]. (46) Agricultural supply sales-[19]. (47) Cold storagellocker plant-[15]. (48) Packing and processing of meat, dairy or food products, but not to include slaughterhouses or stock- yards-[33]. (49) Compounding, processing, and pack- aging of chemical products, but not including highly flammable or explo- sive materials-[33]. (50) Manufacture, assembly, repair or storage of electrical and electronic products, components, or equip- ment-[33]. (51) Laboratories for research or engi- neering-[33]. (52) Warehousing and storage facili- ties-[33]. (53) Manufacture or assembly of musical instruments; toys; watches or clocks; medical, dental, optical, or similar scientific instruments; orthopedic or medical appliances; signs or bill- boards-[33]. (54) Manufacturing, compounding, as- sembly or treatment of articles or products from the following sub- stances: clothing or textiles; rubber; precious or semi-precious stones or metals; wood; plastics; paper; leath- er; fiber; glass; hair; wax; sheet metal; concrete, feathers; fur; and cork, but not including the manufac- ture of such raw substances as a principal operation-[33]. ~ 3-4 DUBUQUE CODE unit development district as provided in Section 3-5.5 of this Ordinance. (B) Principal Permitted Uses: The following uses shall be permitted in the HI District: (1) Railroads and public or quasi-public utilities including substations-[ 4 7]. (2) General offices-[ 47]. (3) Medical/dentallab-[8]. (4) Personal services-[14]. (5) Off-street parking lot-EN/A]. (6) Gas station-[18]. (7) Bakery (wholesale/commercial)-[19]. (8) Indoor restaurant-[20]. (9) Drive-in/carry-out restaurant-[28]. (10) Bar/tavern-[20]. (11) Automated gas station-[18]. (12) Service station-[21]. (13) Drive-up automated bank teller-[8]. (14) Self-service carwash-[8]. (15) Animal hospital/clinic-[23]. (16) Furniture upholstery/repair-[18]. (17) Business services-[29]. (18) Banks, savings and loans, and credit unions-[31]. (19) Vending/game machine sales/ser- vice-[19]. (20) Indoor recreation facilities-[37]. (21) Mail-order houses-[23]. (22) Lumberyards/building materials sales-[ 19]. (23) Construction supplies, sales and service-[19]. (24) Printing and publishing-[32]. (25) Moving/storage facilities-[33]. (26) Full-service carwash-[8]. (27) Auto service centers-[34]. (28) Auto sales and services-[38]. (29) Auto repair/body shop-[35]. (30) Truck sales, service and repair-[39]. (31) Farm implement sales, services and repair-[39]. (32) Auto parts/supply-[17]. (33) Mobile home sales-[ 40]. (34) Motorcycle sales/service-[ 41]. (35) Boat sales/service-[40]. (36) Recreation vehicle sales/service- [38]. Supp. No. 30 3716 (37) Vehicle rental-[ 4 7]. (38) Upholstery shop-[ 42]. (39) Parking structure-EN/A]. (40) Contractors shop/yard-[33]. (41) Wholesale sales/distributor-[29]. (42) Freight transfer facilities-[ 44]. (43) Fuel and ice dealers-[33]. . (44) Agricultural supply sales-[19]. (45) Cold storage/locker plants-[15]. (46) Packing and processing of meat, dairy or food products, but not to include slaughterhouses or stock- yards-[33]. (47) Compounding, processing, and packaging of chemical products, but not including highly flammable or explosive materials-[33]. (48) Manufacture, assembly, repair or storage of electrical and electronic products, components, or equipment -[33]. (49) Laboratories for research or engineering-[33]. (50) Warehousing and storage facilities -[33]. (51) Manufacture or assembly of musical instruments; toys; watches or clocks; medical, dental, optical, or similar scientific instruments; orthopedic or medical appliances; signs or billboards-[33]. (52) Manufacturing, compounding, assembly or treatment of articles or products from the following substances: clothing or textiles; rubber; precious or semi-precious stones or metals; wood; plastics; paper; leather; fiber; glass; hair; wax; sheet metal; concrete; feathers; fur; and cork-[33]. (53) Manufacture, storage or processing of the following products or materials: glue, petroleum products or any flammable liquid; asphalt or concrete products; explosive materials of any type; structural steel and foundry products; fertilizer; pharmaceutical products, including cosmetics, toiletries, and ~ 3-4 DUBUQUE CODE 1986, the Emergency Manage- ment Director shall certify whether or not the applicant has submitted a current inventory of extremely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the applicant shall also post in a conspicuous place on the premises a notice indicating a description of the extremely hazardous sub- stances, and the physical and health hazards presented by such substances. (E) Temporary Uses: (Reserved for future use.) (F) Bulk Regulations: (1) Maximum building height: 150 feet. (G) Parking Requirements: See Section 4-2 of this Ordinance. (H) Signs: See Section 4-3 of this Ordinance. 3-4.3. (Reserved) 3-4.4. District: MHI Modified Heavy Industrial (A) General Purpose And Description: The MHI Modified Heavy Industrial District is intended to provide appropriate locations for most heavy industrial uses, while also serving as a buffer for transitional and redeveloping areas, particularly along the U.S. 61/151 freeway corridor, from those most intense industrial uses which by their nature tend to generate levels of smoke, dust, noise or odors or have visual impacts that render them incompatible Supp. No. 30 3718 with virtually all other land uses. For this reason, the MHI Modified Heavy Industrial District will be mapped only in areas where topographic features or adjacent zoning districts mitigate the effects of the zone upon nearby uses. This District is also designed to accommodate the expansion of existing uses and provide for infill of vacant parcels but is not generally intended to be an expandable district other than through the use of a planned unit development as provided in this Ordinance. (B) Principal Permitted Uses: The following uses shall be permitted in the MHI District: (1) Railroads and public or quasi-public utilities including substations-[ 4 7]. (2) General offices-[ 4 7]. (3) Medicalldentallab-[8]. (4) Personal services-[14]. (5) Off-street parking lot-[N/A]. (6) Gas station-[18]. (7) Bakery (wholesale/commercial)-[19]. (8) Indoor restaurant-[20]. (9) Drive-inlcarry-out restaurant-[28]. (10) Bar/tavern-[20]. (11) Automated gas station-[18]. (12) Service station-[21]. (13) Drive-up automated bank teller-[8]. (14) Self-service carwash-[ 8]. (15) Animal hospitallclinic-[23]. (16) Furniture upholstery/repair-[l8]. (17) Business services-[29]. (18) Banks, savings and loans, and credit unions-[31]. (19) Vending/game machine sales/ service-[19]. (20) Indoor recreation facilities-[37]. (21) Mail-order houses-[23]. (22) Lumberyards/building materials sales-[19]. (23) Construction supplies, sales and service-[19]. (24) Printing and publishing-[32]. (25) Moving/storage facilities-[33]. APPENDIX A-ZONING (26) Full-service carwash-[8]. (27) Auto service centers-[34]. (28) Auto sales and services-[38]. (29) Auto repairlbody shop-[35]. (30) Truck sales, service and repair-[39]. (31) Farm implement sales, services and repair-[39]. (32) Auto parts/supply-[7]. (33) Mobile home sales-[ 40]. (34) Motorcycle sales/service-[4I]. (35) Boat sales/service-[ 40]. (36) Recreation vehicle sales/service- [38]. (37) Vehicle rental-[47]. (38) Upholstery shop-[ 42]. (39) Parking structure-[N/A]. (40) Contractors shop/yard-[33]. (41) Wholesale sales/distributor-[29]. (42) Freight transfer facilities-[44]. (43) Fuel and ice dealers-[33]. (44) Agricultural supply sales-[I9]. (45) Cold storage/locker plants-[I5]. (46) Packing and processing of meat, dairy or food products, but not to include slaughterhouses or stock- yards-[33]. (47) Compounding, processing and packaging of chemical products, but not including highly flammable or explosive materials-[33]. (48) Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment -[33]. (49) Laboratories for research or engineering-[33]. (50) Warehousing and storage facilities -[33]. (51) Manufacture or assembly of musical instruments; toys; watches or clocks; medical, dental, optical or similar scientific instruments; orthopedic or medical appliances; signs or bill- boards-[33]. (52) Manufacturing, compounding, as- sembly or treatment of articles or products from the following sub- stances: clothing or textiles; rubber; precious or semi-precious stones or Supp. No. 30 3719 ~ 3-4 metals; wood; plastics; paper; leath- er; fiber; glass; hair; wax; sheet metal; concrete; feathers; fur; and cork-[33]. (53) Manufacture, storage or processing of the following products or materi- als: glue, petroleum products or any flammable liquid; asphalt or con- crete products; explosive materials of any type; structural steel and foundry products; fertilizer; pharma- ceutical products, including cosme- tics, toiletries and soap; and stone products, including brick, building stone, and similar masonry materi- als-[33]. [ ] Parking group-See Section 4.2 of this Ordinance. (C) Accessory Uses: The following uses shall be permitted as accessory uses as provid- ed in Section 4 of this Ordinance: (1) Any use customarily incidental and subordinate to the principal use it serves. (D) Conditional Uses. (1) Group day care center provided that: (a) Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided per child in areas occupied by cribs; (b) Thirty five (35) square feet of indoor floor area (excluding halls and bathrooms) is provid- ed per child in areas not occu- pied by cribs times the licensed capacity; (c) Seventy five (75) square feet of fenced outdoor recreation space is provided per child using the space at a given time; Zoning Advisory Commission CITY OF DU8UQUE SEP 24 1999 September 22, 1999 PtCll II Iii Ig S~ vicss City Hail, Second Floor 50 'N. 13th Street Dubuque, Iowa 52001 Dear Sir or Madam: This letter is C6nceming the proposed zoning changes made by appiicant, Wayne Stewart on me location of the Sourhwest Comer of Old Highway Road and Seippel. In the last comfTlUiiication lhith your office, it was stated that Mr. Stewart wished to tal'" with surrounding landowners regarding his requests. To our knowledge, Mr. Stewart has not approached anyone regarding this proposai. We are writing to infonn you that we are strongly against this proposal due to the fact that this area would be surrounded by farmland and residelitial property and would be a noise nuisance as well as an eyesore. There seems to currently be more than enough land available for this type of business as the City of Dubuque has recently acquired hundred of aaes for this purpose. Isn't enough fannland being wasted already? Grading started over 18 months ago on some of the newly purchased land and to date we do not see any tenants. We really feel that by your decision to rezone this property as Industrial, you are doing an injustice to the surrounding neighbors as well as the City of Dubuque since there seems to be an overabundance of land for such purposes as Mr. Stewart is requesting. Sincerely, 'Jj;,~~~"L &~ Mike and Linda Chapman 12761 Seippei Road Dubuque, IA 52002 Mr. Kyle Kritz Planning Services Department 50 West 13th Street Dubuque, Iowa 52001-4864 September 25, 1999 ~:;n! O~ DUBUQUE SEP 2 ? 'i999 Dear Mr. Kritz, We are writing to you to please consider not granting Stewart Construction a rezoning request of Heavy Industrial, so that he can build an asphalt batch plant on the acreage he purchased from Mason Cate. The exact location is the Southwest Corner of Old Highway Road and Cottingham Road which, I repeat, Stewart would like to rezone heavy industrial. Our objections are as follows: .:. The city has purchased and begun developing land for a Westside Industrial Park. What businesses will want to build if there is an asphalt batch plant that will have an odor of burning tar? What new businesses will want to build where there is heavy truck traffic? What new business will want to build in an area that that will have continuous dust from heavy traffic? .:. At the present time, we have Mr. Stewart's Ready Mix Concrete Plant, Addaco Pallet Co., Iowa Coaches, Ney Trucking, and the Standard Oil Terminal all located just west ofSeippel Road. With the establishment of these industrial businesses has also come the increase of heavy truck traffic over the past five years, which would only be enhanced with the Stewart Plan. .:. We talk about a safe environment. With the Addaco Plant in the area, there exists a concern with the residents regarding the burning of wood scraps and sawdust from late fall to early spring. During this time period, there exists a continuous cloud of smoke and odor; we ask is it environmentally safe? With an established asphalt batch plant, we also ask is the odor, plus what is expelled into the air of burning tar, environmentally safe? There also exists established residential subdivision in the area; perhaps more will be developed in the very near future. Will families want to build in an area that is environmentally unsafe? A big question that we have is what will happen to the ground water? All the residents in the area and perhaps in the future do and will have private wells. How can we be assured that these wells will not be contaminated or damaged in any way if there is to be any type of blasting for rock to feed the asphalt plant? In summary, we do not want an area that will have a continuous odor of wood burning from late fall to early spring, and a tar smell from early spring to late fall. We object to continuous increase in truck traffic and the dust that it will create. We want a safe environment not only for the air but for the ground and the water wells that exist. Mr. Stewart requested that he wanted his request tabled at the September 1 st meeting, so that he could revise his plans and discuss his plans with the residents in the area. At this writing, we have no letter; nor has Mr. Stewart contacted us in person or by phone. We would appreciate your consideration of our request not to grant Mr. Stewart his rezoning request of heavy industrial for the land that he purchased on the corner of Old Highway Road and Cottingham Road (Mason Cate Property). Sincerely, &t'~dj~~ )Jr~~~ Y-db-'77 ;-'1' ,n '0' llE ,) ,..;i:jU r I . ~O\~. , '" , h,.. f ~ r- ,-,r-f' " ", ":lG9 ,..,.' ~n' ;( b I::U' ff~4v.~' )/~~ ~~ j~~, ~~d- /J/?/;( O-ld ~ /!.t. ~~~~~ ~~~~ ~Jf' ~, ~ ~.J- k7Lv MW ~ ~~~~;J~.~.~ ~~~~" )/..e ~ ~ ~ ~ r'( /9n ~~ ~,~ ~ CL-c.u ~ ~ r)l~ ~ ~ a-.J ~;t5 ,~~ ~ 1~~' .lf~~~~~~~~~ tL. ~ O-u.-v ~~' ~~.A, CL , ~~;,cZJ~, ~~4~~~~~~ ~~ ~;f~' ~ , ~~7t-d~~~r ~~~, ~~I ?l ' ~~ ;p:Y;:;;;~ ~ t!:, 7 V 9/29/99 Zoning Advisory Commission City Hall, Second Floor 50th West 13th Street Dubuque, Iowa 52001 8,JOtJE '[993 Dear Commission Members: We are writing to let you know we are very much against the proposed zoning changes at Old Highway Road and Seippel Road by Mr. Wayne Stewart. His second proposal is for LI Light Industrial and Mill Modified Heavy Industrial. We received copies of the listings which show what type of business could be put into this beautiful farmland, and that has us very concerned in regard to the air & water pollution possibilities, increased heavy truck traffic and the "raping" of beautiful farmland. We wonder why this 45 acres would need to be rezoned when there is a lot of other property in the area which the City ofDBQ has ready to meet these types of needs. With residential housing and farm fields on three sides of this property, would it not be ideal to develop it into a small subdivision for single family housing? When the new businesses come out our way, what an advantage it could be to offer housing so close to their place of employment. We realize there is heavy industrial now on the one side of this property, but it is separated by the railroad tracks, which makes a good border on one side. In fact the businesses there now already produce quite a bit of heavy truck traffic, which we hear and see flying past our log home, and the pallet company does a lot of burning which has already made you want to stay inside your home and not enjoy the outdoors. The entrance to the existing businesses are after the bridge on Old Hwy 20, which again makes a good division between the residential homes which are before the bridge and would otherwise be looking directly out their front door at most any type of business if the rezoning would go through. I know Mr. Stewart could tell us what he has planned, but we have as of yet not been contacted by him as he had stated he wanted to back in September. Even then if the rezoning went through and he sold the property, the sky would be the limit for anyone else to develop the property any way they wished with no regard to the neighbors. We invite all of you to take a drive out pass our piece of country, and see why we feel so strongly against this rezoning. I guess we feel this type of rezoning would best be placed along new Hwy 20 and not where people look out their front door, or from their tractors, or in their yards, or maybe while they are riding their horses, and see or smell heavy machinery, dust or chemicals. This a beautiful piece of property and should not be destined for such destruction. Iowa's farmland is already being "eaten up". Let's stop it now in our area. We thank you in advance for your time and look forward to presenting you with our signed petition of over 75 people. Thanx -- JJJt~ 9<~ /)4f 14969 Old Highway Road Dubuque, Iowa 52002 F'UQUE 1999 September 29, 1999 Planning Services Dept 50 West 13th Street Dubuque, Ia 52001-4864 Attn: Fred Nesler. Stephen Hardie, Martha Christ. Eugene Bird Jr. Ron Smith, Jeff Stiles, Dick Schiltz, Kyle Kritz & Guy Hemenway Re: Wayne Stewart, W. C. Stewart Michael C. Van Milligen, City Kyle Kritz, Associate Planner Construction Manager As a resident living on Humke Road in Dubuque County we are very concerned about the developement of the Wayne Stewart Property. Presently we have a Pallet Company that burns material and whatever and the pollution is very high and undesirable at times. Adding more heavy industry to our area, we will all choke in smoke, Please reconsider Thank You Willie & Bonnie Prier ~f::!~ . . ~~: T'y' C~)~ r.~)i_...; :?;j(~iJE [; l~"I ;.--. ,1 ~; ~ '.~ ~', - . - I...;..., "" September 30, 1999 14986 Old Hwy. Road Dubuque, Iowa 52002 To: Zoning Advisory Commission, In regard to the zoning meeting set for October 6, 1999 to rezone the property owned by Wayne Stewart on the Southwest Comer of Old Hwy Road and Seippel Road. I am NOT in favor of rezoning the land to Light Industrial or Heavy Industrial. This area already has an abundance of Industrial land still being developed by the City of Dubuque. With the Industrial land North of the Julien Care Facility and the land South of Old Hwy Road, the City of Dubuque has spent much of their resources developing this land so that businesses like the one Mr. Stewart operates would have a place to build. Wayne Stewart should have purchased his land from the City, the land is rezoned to meet his needs. As members of the Zoning Commission, I urge you to vote AGAINST the rezoning of the land from R-I to LI or MHI. We live in a well kept residential area and are asking Commission members to keep it that way. Sincerely, ;U;;) IJdJ ~ui.tJ~ Patrick & Sandi Welsh .- October 1, 1999 I am writing to you concerning the proposed rezoning in my neighborhood on old Highway 20, here in Dubuque. Thirty-eight years ago, my husband and I purchased our ground for a life in the country. We have since raised our family in the fresh country air until the pallet company moved in for business on Old Highway 20. We are currently experiencing commercial pollution and resent the fact you would ever allow yet more with the proposed asphalt company. We content that rezoning the area directly South of the Old Highway 20 would lead to further dismay in the form of pollution; noise as well as environmental. Rezone the area residential if you must, just let us have what we have left of the country living we purchased 38 years ago. I ask, would you place an asphalt company in your backyard? I didn't think so!! Sincerely, .ft Gwen and Rudy Mullinnix 15144 Humke Road Dubuque, Iowa 52002 Brian J. Kane Gary K. Norby Les V. Reddick* D. Flint Drake Brad J. Heying Todd L. Stevenson* Louis P. pfeiler MaryBeth pfeiler Salmon KANE, NORBY & REDDICK, P.C. ATTORNEYS 2100 ASBURY ROAD, SUITE 2 DUBUQUE, IA 52001-3069 All admitted in Iowa ,~ Also admitted in illinois .~.~ Also admitted in Wisconsin Phone: (319) 582-7980 Facsimile: (319) 582-5312 E-mail: knrpc@mwci.net October 13, 1999 Ms. Mary Davis City Clerk 5 0 W. 13 th St. Dubuque, IA 52001 RE: WAYNE STEWART Dear Mary: We previously requested that the City Council set a rezoning request for public hearing on behalf of Wayne Stewart. Our correspondence of October 8, 1999, reflects the property at issue. At this time we would request that at the October 18, 1999, meeting that the council set the rezoning request for hearing at the November 15, 1999, meeting. Should you have any questions or need additional information do not hesitate to contact. Best regards, KANE, NORBY & REDDICK, P.C. By ~~t~~ Todd L. Stevenson TLS/bmc cc: Mr. Michael Van Milligen Ms. Laura Carstens Mr. Wayne Stewart G.\WPDOCS\BRENDA\DOCS\TLS\Stewart.ltr to Mary Davis.wpd Brian J. Kane Gary K. Norby Les V. Reddick* D. Flint Drake Brad J. Heying Todd L. Stevenson'~ Louis P. pfeiler MaryBeth pfeiler Salmon KANE, NORBY & REDDICK, P.C. ATTORNEYS 2100 ASBURY ROAD, SUITE 2 DUBUQUE, IA 52001-3069 All admitted in Iowa * Also admitted in Illinois ,~* Also admitted in Wisconsin Phone: (319) 582-7980 Facsimile: (319) 582-5312 E-mail: knrpC@mwci.net October 8, 1999 ..0 Q ....0 ,...,.. 0 :0 O~< n rn -1 c- O () C5 (.J~ .~ c w \-n r'o ''',:.'' ~ "....,"" < c: (j) :P" CD ::x m - c s> ~ CS 0 O' 0;) CD N The Honorable Mayor Terry Duggan and Dubuque City Council Members c/o City Clerk 50 W. 13 th St. Dubuque, IA 52001 RE: WAYNE STEWART Dear Mayor Duggan and Ladies and Gentlemen: We represent Wayne Stewart. He owns 45 acres of land to the southwest of the intersection of Old Highway Road and Sieppel Road. The Zoning Advisory Commission, at its October 6, 1999, meeting, denied Mr. Stewart's application for rezoning from county agricultural to city modified heavy industrial and light industrial. We are asking that the council set the rezoning request for hearing. Attached is a drawing on which is shown the area requested for rezoning and annexation into the City of Dubuque. We respectfully ask your favorable consideration of this matter. Best regards, KANE, NORBY & REDDICK, P.C. By ~)~~JS~ Todd L. Stevenson TLS/bmc cc: Mr. Michael Van Milligen Ms. Laura Carstens G:\WPDOCS\BRENDA\DOCS\TLS\Stewart.ltr to Terry Duggan and Council Members.wpd , Planning Services Department 50 West 13th Street Dubuque, Iowa 52001-4864 Phone (319) 589-4210 Fax (319) 589-4149 5UB~E ~~~ October 11, 1999 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque, IA 52001 Applicant: Location: Description: Wayne Stewart Southwest Corner of Old Highway Road and Seippel Road To rezone property in conjunction with annexation from County R-1 Residential District to City MHI Modified Heavy Industrial District and LI Light Industrial District. Dear Mayor and City Council Members: The Zoning Advisory Commission has reviewed the above-cited request. The application, staff report and related materials are attached for your review. Discussion At the request of the applicant, the Commission tabled the rezoning from their September 1, 1999, meeting to their October 6, 1999, meeting. The applicant's attorney, Todd Stephen son, spoke in favor of the request. He stated that the proposed rezoning is compatible with surrounding land uses, that the City of Dubuque's Annexation Study identified the area as suitable for industrial development, and that because of the adjacent railroad tracks and County M-2 industrial zoning, the property cannot be developed for residential. A number of surrounding property owners spoke in opposition, citing concerns with increased levels of traffic, noise, odors and pollution. The surrounding property owners believed that additional industrial property is not necessary, as the City of Dubuque has purchased hundreds of acres for industrial development. Staff reviewed surrounding land uses and zoning, as well as the location of water and sewer services. Staff noted the written objections received. The Zoning Advisory Commission discussed the request, noting that there does not appear to be sufficient justification to warrant rezoning at this time. The Commission noted that the surrounding area has seen additional residential development in recent years, and that development of the subject property for industries could adversely impact adjacent property. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council October 11, 1999 Page 2 Recommendation Bya vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council deny the request. The City Council can concur with the denial without a public hearing by a simple majority vote. A three-fourths majority vote of the City Council is required to approve the request, atter a public hearing. Respectfully submitted, Rx'~ BJPkNL Ridhard Schiltz, Chairperson U Zoning Advisory Commission Attachments ,', - _'. I ~mON AGAl. NST TH . SEIPPEL ROAD BY WA OF OLD HIGHWAY ROAD AND T PRINT NAME ADDRESS DATE SIGNATURE ~ ~- 133~t]l!LLCJ:~ 10..3 20 fJ OJ er };. SrI.. v..-el.b I b/Y6 .!'klt-, ~JfL 103.<...,. _ i 21fJ<iM11 fY/4fz-I'-/MO\o1 liw'j&s:_ rL!:ti9 I ~~ L 22 i c1;fl7-J'I s, p /E <"5<: ~ Fd F2_L"h, '" Is::'t-- re 0 k" -;.-' ~~~ Sc /..~~ J 5 l O~ 0 \ d H\.u..I l)..,;2 q 2 \ ~("S- tJld 7 9 11 /J e~/j' L'-R/ Ii' -9/ /-.IF L'~ , , I, PETITION AGAINST TH OF OLD HIGHWAY ROAD AND T PRINT NAME ADDRESS DATE SIGNATURE ,'" 1, / ..~ /) )J(')h~ L'b'-; "L,/Ci 7 d",( 6 / I '/.., -__.., , ,<- V- t.." "..''''''';:. ' l ~,',rt~ ~ . I , I . "~j<"'-' -+ -t..(, ,~ 9 \1.) \ y- \e , , 1'. L y. ~ .(.. ' < "'h. ;..." ~ ,(.j- Lk- -C4--c-':~ ~-'1=---~ <) cl<.1 'i7 ~ ' I . I' 'h..,...,. e=:___~.. 41 <..~ '-"?",, "'\ I I 7 it}.." 'tU) J' i,)t-.tlJA.}cy' , 8 i I'. ,,:-a:'iYJ iA":iJ.j.(,/' ,:;y /'!'/Ct c'i2J.. 71,.. I.?c ...." l':':'tC[;:.jQj)l 1 ~ k (J (I ,.l. 'f /1 '~/1j, ~ 10 '- c ;/A~{.;'J ~'i; ~t/J/":" !.S'/c.;{ /iv."I/,i:... /..'1/ 19.1Y'7/' 11 i n__~ PETITION AGAINST TH I I " II 20 '. (' , , 1 ----1_~ _ ,l'lQn"-t r6ielrt>, DATE OF OLD HIGHWAY ROAD ANDI T ' I --I I I I 2 3 41 7:JO ~~ \2..L- ~ ~\""2.e.. 8 g' ~aW\'E'5 b yY\e-tt"4/f j( 15 I I J I (] < , (?..;1'[...l.~ &; f'/'./.7X..tf ?t--;U I. . I' V PETITION AGAINST TH OF OLD HIGHWAY ROAD AND T PRINT NAME ADDRESS DATE SIGNATURE 2 i3 f?, AJ 3 " .{. L #,.,) l-r:: . " /1, h /;' i"Z4/ /."J(.-'# 4 , -~ i ~_ ,-t' /- In J~ 11 12 13 141 151_ 16 I 17 ~ I 19' 20 21 -~ 22 (y qL( ~ c,(cJ,~ M0v' , <( f'1'? 7 , i -I i i i I -1-- L I ~ETITION AGAINST TH I l. ~: I I 6 9 ! i 10 11 121 13 14 15, 161 17 18 19 20 21 22 PRINT NAME 1 I 2 ':ZC'I/( /fIt f: 3 ~ ~~t\S~ 7 8 OF OLD HIGHWAY ROAD AND T ADDRESS DATE SIGNATURE /c!tf~,'(l/~12' rl ~ / " II' /)/;:; tIll, f ' ; ( --------.j -- 1__ I ----I I r J I PETITION AGAINST TH I OF OLD HIGHWAY ROAD ANDI T i - ----- -----l PRINT NAME ADDRESS .5 ~ 1:2 Jk W( /('t'.-' DATE I, t, /-I~( Vht:.z. !1 ," K(,,\... i ~5 6 Lv [3. ~EA-RD-3) 7 1::tI~f ~ " Itfff~ Ole! 1I~;(eI I ~ 9G,- teL II, "',. ~ 11 - ~.._---,---I I 12 I I I ---I I i ::i I 1J 16 1191_ .. -~-~~ I ______1-- o ~ o..:.c co cr ," N -- -~---i5 ~:;"~'_ C ct' Sl) 0 po ::;:j~- ~ \.D ...0 o n -I :n rn o ;11 --:; ~-- I -j I I I 17 r-- I I I 18 J i I I ~ ~i ~ C$? c...:> 1'> J OGT-13-1999 WED 03:26 PM FAX NO. P. 02 ... . . Bri:l.1l. J. K:lDC Gary K. Norby t.~$ V. Reddick" D. Flint Drake BradJ. Heying Todd L. Stevenson* Louis P. PCcilcr Mi\ryBeth pfeilcr Salmon KANE, NORBY ~ REDDICK, P.C. ATTORNEYS 2100 ASBURY ROAD, SUITE 2 DUBUQUE, IA 52001.3069 All admitted in Iowa ll- Aho admitted in Illinois ,~~ Also admitted in Wisconsin Phone: (319) 582-7980 FacsimIlel (319) 582.5312 E-mail: lu1rpc@mwci.Dct october 13, 1999 Ms. Mary Davis City Clerk 50 W. 13th St. Dubuque, IA 52001 RE: WAYNE STEWART Dear Mary: We previously requested that the City Council set a rezoning request for pUblic hearing on behalf of Wayne Stewart. Our correspondence of October 8, 1999, reflects the property at issue. At this time we would request that at the October 18, 1999, meeting that the council set the rezoning request for hearing at the November 15, 1999, meeting. Should you have any questions or need additional information do not hesitate to contact. Best regards, KANE, NORBY & REDDICK, P.C. By ~~~ Tod L. Stevenson - Tl.S/bme ce: Mr. Michael Van Milligen Ms. Laura Carstens Mr. Wayne Stewart (;1\"pOOC$\.Il.ENlI"'\D<lC~\,",9\1l.,w&r..ltr to NUl' t1avil."ll(l 0 \,.,') \D :=;: 0 cr< n :D , ~ m g Cj ij w ~ , [On SD U~ -0 .-- 0 ::3:: - )> ---+> (.",) m --- 0 o' CD w QCT-13-1999 WED 03~26 PM FAX NO. P. 02 . < . Bri~llJ. Kano Guy K. Norby L~~ V. Reddick'" D. Flint Orake Brad J. Heying Todd L. SteveMOtl.'" LO\lis P. Preiler MaryBetb. Pfciltr $lllmOl1 KANE, NORBY ~ REDDICK, P.C. ATTORNEYS 2too ASBURY ROAD, SUITE 2 DUBUQUE, IA 52001.3069 Allll.amitted. III Iowa II- Al$Q ~dm1tted in Illinois 111lAIso admitted. in Wisconsin Pholle: (319) S82.79aO FacWnUe: (319) 582.5312 E-mail: knrpCOmwci.ncc october 13, 1999 Ms. Mary Davis City Clerk 50 W. 13th St. Dubuque, IA 52001 RE; WAYNE STEWART Dear Mary: We previously requested that the City Council set a rezoning request for publio hearing on behalf of Wayne Stewart. Our correspondenoe of October 8, 1999, reflecta the property at issue. At this time we would request that at the October 18, 1999, meeting that the council set the rezoning request for hearing at the Novemb~r 15, 1999, meeting. Should you have any questions or need additional information do not hesitate to contact. Best regards, ~, NORBY & REDDICK, P.C. By ~+~ To L. Stevenson . T:("S/bmc co: Mr. Micha~l Van Milligen Ms. Laura Carstens Mr. Wayne Stewart (;'\I'P(l()eG\UJlllC,,\D()C~\t~-8\~t,w&rl.lu to ",~Y D.vl'.,,~C1 q V) \D ..... ~ . 0 0'-< C-~ ::0 ~.: C ..-..oi III ,_J ,-. c<.t> <...> 0 L' :.~.~~. rn ('"- ~,~ ('6 w \J < ':.-.0 :3: m )>~ ~ 0 (") CA CD .. OCT -13-1999 WED 03: 26 PM .. FAX NO. P, 01 BrhmJ. Kane Gary K. Norby us V. Rcddiek"" D. Flint Drake"'l1' Brad J. Herin, Todd L. Suvenson* Louis P. Pf~aer MaryBcth Pieiler Salmon KANE, NORBY & REDDICK, P.C. A TrORNEYS 2100 ASBURY ROAD, SUITE 2 DUBUQUE, IA 52001.3069 All admitted in Iowa "Also llchniued in. Il1inoi~ ... Also admimd in Wisconsin Phone: (319) 582-7980 Facsimile: (319) 582-5H2 e-rn:ill~ knrpc:@mwci.net TELECOPIER COVER SHEET CONFIDENTIALITY NOTICE: The documents accompanying this fa:lC transmission contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity named below. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in ~eliance on or regarding the contents of this faxed information is strictly prohibited. If you have received this fax in error, please immediately notify us by telephone to arrange for return of the original documents to UB, DATE: October 13, l~99 TO: Mary Davis TELECO~IER TELEPHONE NO. : (319) 589-0890 FROM: Todd L. Stevenson NUMBER OF PAGES BEING TRANSMITTED (INCLUDING COVER SHEET): 2 MESSAGE~ Should you have any questions about the material being transmitted or should you find that any pages are missing; please contact Brenda at (319) 582-7980. CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby given that the Dubuque City Council will conduct a public hearing at a meeting to commence at 7:00 o'clock P.M. on November 15, 1999 in the Public Library Auditorium for the purpose to consider amending City of Dubuque Zoning Map by reclassifying property located at the Southwest Corner of old Highway Road and Seippel Road from Dubuque County R-1 Rural Residential District to the City of Dubuque MHI Moderate Heavy Industrial and LI Light Industrial Districts, concurrent with annexation (Copy of supporting documents are on file in the City Clerk's Office and may be viewed during normal working hours.) Written comments regarding above reclassification may be submitted to the City Clerk's Office on or before said time of public hearing. At said time and place of public hearing all interested and citizens and parties will be given an opportunity to be heard for or against said reclassification. Any visual or hearing impaired persons needing special assistance or persons with special accessibility needs should contact the City Clerk's Office at (319) 589-4120 or TOO (319) 589-4193 in the Human Rights Department at least 48 hours prior to the meeting. Published by order of the City Council given on the 18th day of October, 1999. Mary A. Davis CMC City Clerk 1t 11/5 ~: I,Ll, /0 ' ,<-'- ,1/ OCT 26 99 TUE 04:01 PM TELEGRAPH HERALD FAX NO. 3195885782 P. 01 CITY OF DUBUQUE, IOWA OFFICIAL NonCE NOTICE Is hereby given that the OLlbuque Oily Council wilt conduct 11 pUblio hearing at D meeting to commence at 7:00 p.M. on November 15. 1999 In the Public librarY Auditorium for \tie purposo to consider omend1ng City of oubuque Zoning Map by r~c1assifyln9 [......) property located f the South- west Comer 01 d Highway Road and Seippe Road from Dubuque County R.1 Rural Residential District to the City of DubuQue MHI Moderate Heavy Industrial and LI light \nQustrial Dllltrict:s. concurrent with annexation. (CoPY of suppOrting documents are on file In the CIty Clerk's Office anet may be viewed during normal worldng hours.) Wrltton comments regarding above recll1ssificlltion may be submitted to the Ciry Clerk's Office 01'1 or bGfore sllld time of public hearing. At said time anQ place of p\lbllc hewing, all interested citizens and parties will be giv.n an OJ)pcrtunity to be heard for or against sllid re- classlnC:1t\on. MY visullIl or hearing im- paired p.rsons needing spe- cial aSl:lstance or persons with special acce$Sibm~ needs should contact the City Clerk's Office ~t (319) 589-4120 or 1'00 (319) 589-4193 In the Human Rights Oep:artment at lellSt 48 hours prior to Ute meeting. PubUshed by order of the City Council gIven on the 19th day of October. 1999. Mary A. Davis CMC City Clark -tt- ::{'-I d I Cj :3 t../ " ~ 1t 11/5 /c(z{:'17ij' / /11 t ~j LeR /hIlAil~- ~.t~ ... ~ovember5, 1999 Dear Mayor & City Council Members: Our names are Kevin & Janell Kotz, we live at 14969 Old Highway Road, Dubuque Iowa. We and our neighbors are concerned about the rezoning request by Mr. Stewart from County R-1 to City LI Light Industrial and MIll Modified Heavy Industrial on the Southwest comer of Old Highway Road and Seippel Road. Our major oppositions to this rezoning are: 1) Increased heavy truck traffic 2) Increased pollution directly to our homes and children, whether it be from dust or manufacturing exhaust etc. 3) ~o natural buffer between our residential homes and the proposed manufacturing businesses that could build there if the rezoning were approved. As you are aware both parties have presented their cases to the Rezoning Commission and Mr. Stewart's request was unanimously voted down. Mr. Stewart's Lawyer had mentioned several times a report that established this property as "prime" for development. What he was referring to was the 1997 Annexation Study done by the City ofDBQ. We understand that this report is used by the City to get cost estimates for utility services if they were to annex certain areas, which the City has already acquired since then. Mr. Stewart's acreage he would like rezoned was never designated industrial. We were told Laura Carstons can clarify this issue. We agree with the Zoning Commission that it is premature at this time to grant Mr. Stewarts request and also the railroad tracks make a perfect border at this time for such industry which is located on the other side. We send you an open invitation to ride out in our Country neighborhood and see for yourselves the beautiful farmland that could be destroyed. Iowa's precious farmland is slowly deteriorating and being "eaten" up by industry, please let's stop it here! We thank you in advance for your time and consideration, and look forward to seeing all of you at the ~ovember 15th Public Hearing. \': I PETITION AGAINST TH 2 3 r: RltJE' 4 5, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 L 22 ADDRESS 1 S I 80 C~f) ttw ,-{ (21~ OF OLD HIGHWAY ROAD AND T Pi SIGNATURE ,?'d5~1~C..l t-/~f 1-11 . , (). i -1 , I ---l I ___J I -I --------j , ~ ..---.J I I I ---- I I Patrick Welsh 14986 Old Hwy Road Dubuque, Iowa 52002 To: Honorable Mayor Duggan and City Council Members, This letter is to inform you that I am against the rezoning of the land owned by Wayne Stewart on the Southwest Comer of Old Highway Road and Seippel Road. Mr. Stewart would like his land to be rezoned to Light Industrial and Heavy Industrial. I am asking you to stand by the decision the City Zoning Commission made when they unanimously rejected Wayne Stewart's application to have his land rezoned. With LI and MHI zoning, this would take away the beauty of our residential neighborhood and the possibility oflowering our property values. The land in question is not suitable for Industrial development with the close proximity of residential homes. We as neighbors would be looking at more truck traffic, polluting odors, higher noise level just to mention a few. And mostly the destruction of our scenic view. I would also like to add that we have lived in the same house for 23 years. Over the past several years there has been on 2 occasions that land owners near us have attempted to rezone their land from residential to business. The County Zoning Board also rejected those request in order to keep our neighborhood strictly residential. Sincerely, /1fIJJ~ JJnL" J~ Pat and Sandi Welsh M N Q) 0 M ~ <( W 0 > - - CD Cl- c/) W --.... ". :J U CD ~~:: 0- r C) :J W r, >- C) ~.'.o",..t' :J 0: 0 :>-.0 z ........ en (5 0'\ November 2, 1999 Mayor Terrance Duggan City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 Dear Mayor Duggan, We are writing to you to please consider not granting Stewart Construction a rezoning request of Heavy Industrial, so that he can build an asphalt batch plant on the acreage he purchased from Mason Cate. The exact location is the Southwest Comer of Old Highway Road and Seippel Road Extension, which I repeat Mr. Stewart would like to rezone moderate heavy industrial. Our objections are as follows: .:. The city has purchased and begun developing land for a Westside Industrial Park. What businesses will want to build if there is an asphalt batch plant that will have an odor of burning tar? What new businesses will want to build where there is heavy truck traffic? What new business will want to build in an area that that will have continuous dust from heavy traffic? .:. At the present time, we have Mr. Stewart's Ready Mix Concrete Plant, Addaco Pallet Co., Iowa Coaches, Ney Trucking, and the Standard Oil Terminal all located just west ofSeippel Road. With the establishment of these industrial businesses has also come the increase of heavy truck traffic over the past five years, which would only be enhanced with the Stewart Plan. .:. We talk about a safe environment. With the Addaco Plant in the area, there exists a concern with the residents regarding the burning of wood scraps and sawdust from late fall to early spring. During this time period, there exists a continuous cloud of smoke and odor; we ask is it environmentally safe? With an established asphalt batch plant, we also ask is the odor, plus what is expelled into the air of burning tar, environmentally safe? There also exists established residential subdivision in the area; perhaps more will be developed in the very near future. Will families want to build in an area that is environmentally unsafe? A big question that we have is what will happen to the ground water? All the residents in the area and perhaps in the future do and will have private wells. In summary, we do not want an area that will have a continuous odor of wood burning from late fall to early spring, and a tar smell from early spring to late fall. We object to continuous increase in truck traffic and the dust that it will create. We want a safe environment not only for the air but for the ground and the water wells that exist. We would appreciate your consideration of our request not to grant Mr. Stewart his rezoning request of moderate heavy industrial for the land that he purchased on the comer of Old Highway Road and the Seippel Road Extension (Mason Cate Property). Sincerely, Joe & Enid Wysocki 14946 aIde Highway Rd. Dubuque, Iowa 52002 ... RECEIVED November 8, 1999 99 tmV .- 9 AM 8: 31 Dubuque City Council City Hall 50 West 13th Street Dubuque, IA 52001 CI'T" 'Y l'-HJ;"d ll-q \0 1 ^ .J' ~_! '-1"-; v I I~ .: (> (lft'lce i \ '-) 'J , Dear City Council Members, I am writing to you concerning the appeal of the zoning board's unanimous denial for proposed rezoning by Wayne Stewart from County R - 1 to Light Industrial and Modified Heavy Industrial District at 14986 Old Highway Road in my neighborhood. My husband and I purchased property to allow us to raise our family in the peace and solitude of the country. Ours was one of a handful of houses to exist out in that area for many years. We have witnessed an expansion of other family dwellings in the surrounding area over the past 10 years and welcomed our new neighbors. We have enjoyed, along with the others in the area, the fresh country air and peaceful surroundings that existed there for much of that time. In the recent past, we have witnessed the establishment without notification or input from us of a pallet company and a Goncrete mixing operation that already creates commercial pollution among other operations. My husband is effectively house bound and has pulmonary fibrosis. He is directly and severely affected by the current air pollution which is taking place, The addition of yet another source will have an extremely detrimental and immediate effect on his failing health. There are several essential items that we consider crucial and have patently obvious reasons why this rezoning for these heavy industrial uses should not take place. 1, Establishing such intensely heavy operations directly abutting existing residential areas without any form of a buffer zone appears to go against all zoning considerations in the past. Why would you possibly consider'placing what is rumored to be an asphalt plant operation, or any industrial operation, directly adjoining a residential property? 2. How are water or sewer services intended to be provided? What arrangements or considerations, if any, have been given to that situation? What additional cost will the city of Dubuque and its' taxpayers be subjected to in order to provide these services? . 3. The existing Old Highway Road was not designed for nor constructed to withstand the increased wear and tear that virtually any sort of industrial operation is sure to involve. Is the city and county of Dubuque prepared to completely rework the entire road in the near future, to compensate for this proposed industrial development? We recognize that the property will be developed in some form in the future given the current expansion of the city. However, to place an industrial site directly abutting an existing and long time established residential community does not seem to make any sense. There are many other sites in the area that are better suited and less intensely populated in the immediately adjacent vicinity for such operations. Do not let one person's self-centered interests have such a horrendous effect on so many others. In closing, I ask you one very pertinent question. Would you place an industrial site in your own backyard? Sincerely, fl~~~ ~ If~ZI Gwen and Rudy Mullinnix 15144 Humke Road Dubuque, Iowa 52002 Sent by: CITY OF DUBUQUE 319 589 4149; 11/09/99 9:34; Jedix #2; Page 1/2 November 8, 1999 r'. 'TV "lOr: DUBUQUE Dubuque City Council City Hall 50 West 13th Street Dubuque, IA 52001 NOV 0 9 1999 o CJ~: c:: C~;- ; _c.' :>, r<- CD '.. '"-0 ):>~ o' eD Dear City Council Members, I am writing to you concerning the appeal of the zoning board's unanimous denial for proposed rezoning by Wayne Stewart from County R - 1 to Light Industrial and Modified Heavy Industrial District at 14986 Old Highway Road in my neighborhood. l\llyo "L.l~~"'IILl ...lloJ , l-'ulL.lIlAbl..UJ t,'1 ul-'ully lu ...lIuw I..lb 11.1 I wi..... ULII 1L.lllllly III 1111.1 I-'UIAL.U and ~olitudg of tho country. Our6 Wils ant! of Ej htlndful of hou~g~ to o)(i~t out in that area for many years. We have witnessed an expansion of other family dwellings in the surrounding area over the past 10 years and welcomed our new neighbors. We have enjoyed, along With the others in the area, the fresh country air and peaceful surroundings that existed there for much of that time. In the recent past, we have witnessed the establishment without notification or input from us of a pallet company and a concrete mixing operation that already creates commercial pOllution among ather operations. My husband is effectively house bound and has pulmonary fibrosis. He is directly and severely affected by the current air pollution which is taking place. The addition of yet another source will have an extremely detrimental and immediate effect on his failing health. There are several essential items that we consider crucial and have patently obvious reasons why this rezoning for these heavy Industrial uses should not take place. 1. Establishing such intensely heavy operations directly abutting existing residential areas without any form of a buffer zone appears to go against all zoning considerations in the past. Why would you possibly consider.placing what is rumored to be an asphalt plant operation, or any industrial operation, directly adjoining a residential property? 2. How are water or sewer services intended to be provided? What arrangements or considerations, if any, have been given to that situation? What additional cost will the city of Dubuque and its' taxpayers be subjected to in order to provide these services? < '0 ~ ...... ~ o < :0 m () :ll < III o . \D ::0:> -. ...:.-. '.0 w co Sent by: CITY OF DUBUQUE 319 589 4149; 11/09/99 9:34; ~ #2; Page 2/2 ., to " · 3. The existing Old Highway Road was not designed for nor constructed to withstand the increased wear and tear that virtually any sort of industrial operation is sure to involve. Is the city and county of Dubuque prepared to completely rework the entire road in the near future, to compensate for this proposed Industrial development? We recognize that the property will be developed in some form in the future given the current expansion of the city, However, to place an industrial site directly abutting an existing and long time established residential community does not seem to make any sense. There are many other sites in the area that are better suited and less intensely populated in the immediately adjacent vicinity for such operations. Do not let one person's self-centered interests have such a horrendous effect on so many others. In closing, I ask you one very pertinent question. Would you place an industrial site in your own backyard? Sincerely, ~~Jl~~ qP ~~ Gwen and Rlldy Mutlinnix 15144 Humke Road Dubuque, Iowa 52002 l .~< ~ .. . . Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th Street Telephone: 589-4210 RESOLUTION NO. -99 RESOLUTION ANNEXING CERTAIN PROPERTY Whereas, Wayne Stewart, property owner, has voluntarily petitioned for annexation of approximately 45.21 acres of property lying outside of the corporate limits of the City of Dubuque, Iowa, as shown in Exhibit A; 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 Future Land Use Map of the Comprehensive Plan; and Whereas, the future growth and development of the City of Dubuque, Iowa, make it desirable that said property 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 territorial limits of Dubuque, Iowa, be, and they hereby are extended to include the property legally described as Lot 2 of Mason Cate Estates, Section 36, T89N, R2E of 5th P.M. in Dubuque County. Section 2. The territory hereby annexed shall become a part of the Seventh Precinct of the Second Ward of the City of Dubuque, Iowa. Section 3. That the City Clerk shall file this resolution, all exhibits and the petition for voluntary annexation with the State of Iowa in accordance with State Regulations. Passed, approved and adopted this day of ,1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk F:\USERS\MELlNDA \WP\CQUNCIL\RES\STEWART.ANX County M-1 f "-"-"-'---"-"'-'--'-- -.-........-.-.-..-.-.-.. ) i ! Coun R-2 . : : : : : : : : : : : : : : : : : : : : : : : : : : : : : . : . : . . : . ...rt--...-..-....-..-.......-....-....-..-..-....-. County M-2 .::::::::::::::::::::::::::::::::::::::: \ ::::::::::::::::::::::::::::::::::::::::: ." I :n!!!..::!::::..!!!:!!:!::::.:,!!:..::.:!!.:.:.:! I i ;~ . . . . . . . . . . . . . . COUfl~ R"l . . . . " " 0 !1!lil!!!!!!I!i!i!lli!!lli!!!!III!llli!!':liili!il!l: ~ \ County R-1 . . . . . . . . . . . . . . . . . . . . , . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . :- : -: . :- : -: -: -: -: -: . :- :- :- : -: . :- : -: -: . : -: -: . : . : . : -: . : .' \ ~,...ok~.. r......j..c.... O(((~'t.A~"'~<<~,,1II! I'.':.!:::I Area to be annexed. City Boundary Applicant: Wayne Stewart Location: Southwest Corner of Old Highway Road and Seippel Road Proposal: To annex and rezone property from County R-1 Residential District to City LI Light Industrial and MHI Modified Heavy Industrial District. EXHIBIT A . \V.C. STEWARTCONSTRUCTJON, INC'. GENERAL and EXC A V A TING CONTRACTOR PO Box 1174- Dubuque, 1.4 52.()C>4- Phone 31ft- 588- 41/9J, FAX 3(Cf- 58.e-. .41#18 L4/)ra... (jars kVl S P LAIJJ..JI'1J~ S.e.r-u IC~ ;r/ttltj UI So W~.Lj:3 K SJ-r~_1- :]JOkku7_LdJ- Lou.XA. SZOO I C :~ 1+J.1 ..". AU1~+~f-J9~~ JJe..ar Air,.. ..... (!Clr..s_bL~._~_.____ E/V~j{).se-d i~A P/a..j.o/L.oT 2 of MAS ON GrE" E5TA~S .4s: 2/ A~y~-;-o~L- 2.87 Acreo 12.0. uJ. Lj z. 3'1 Aci'"<-O NbT L._j&!jJrcJ.lI~A -:J)U/,'JJl0Y of I-b I- /-:- /- 2 - 'I:.<:?l ~d )/,Ft:2t{.l!..-:..4. ~iftJ~Co-h-cn .3 /;, . r 89' AI /2 / E 0 f5-E.M.___1)~'~_Lf1_!Le_.. < fJ,;uu'-IJ jL.WA.~_._.WElA.dpu.JJ__lL~E:._rQ__B.l2 iA/(g ~t.i-:L~_f j "'- -Io_+.lu....j!J..4 _QI:1:) ~ b"", "Ii- ~lie4 T..:z:;.dUc,J!n'ttL- I ~~dr.~k-- - W. C.!- 5 T~W A rZ:I._____ Presi'J~t I,U.(. .5rf;nv~~r .~sktulou~c-. \ LIY.L-iDSe.:L.__eLAT...4 _Cfq2~_.lj 9 7 ff4st:MeN r' 2/-fi1-{p- Irf S '. . ! :\ ~ ~ , I -".' / ~...._~.,...,..~". .. PLAT 4992-1999 -21- i Filed March 24, 1999 PLA T OF HASON CA Tf ESTA TE5 ,DIVISION" LOr 1-1-2-4 " "" H"I/I.;.sr...."" ".'/41 . ""(JON THIRTY-SIX (361. TO/fNSIIIP EIGHTY-NINE NORTH (TB9Nl. RANGE OlE EAST (RIE} OF THE SURVEY FIFTH PRINCIPAL HCRIOIAH. OUS/JOlJE CI>>/TY. IOKA CUA.c " Cl CJ C' cs IIIC ":.4 ~11 '" " 4J." IIJ .? DCl " (II 31"" ,~~..' .rDl'''' '1"1)')8' 06' J' .,,' lUoj~s~:~~g~~!!. -'"!~~~!!!..~ ~~-l- ._....!~-~ .._.~t:~;~~+ m6~ -'."j""ojo --"$70Tjj'1711 Il.'/6.6J .- 4l.I/ $ R, 'I" tI iiiJ on -. -jiri.f - -:" 'IWil~'-i --A. : \ J " I' IE CORNER SECTION 36. TB9N. RIE Sl I Ill" ,/ION IlOO tillS CM' 1116'1 FINAL PLA T L/~ LI Ll LJ t' 15 U t1 L' L9 'OilING S" ,/',,' ( S 110 "'11" /I S' )I'U E S J 11'/5' ( S 110 '" II' /I "' "'''' /I "' "'06'( II Il ""1 /I II frOl',2" II DIS",ICE ".. II 111.15 100. 00 ,"5 1$0 .IJ /15,'1 151. " "', .9 ",. II :~ I~ ." .... l~ " .~ \"8 .~ . LEGEND o . Sf' ,/I' II/OIIIIlO II/lS CAP 1116.1 TtvO (I,ISIING ~NI ,.J'''1e SlBJIYISION tK:AnJAIIY 5l1IvcrtO LDI U~ ESUIL/WD "",1 IlECOIUO .5 __ EllSIING 'EI<EL/lE OAr SEI Ar ""L 1I/'ll1l' DISK . '0, .,0.11, lUlL S "'-.;'".! ",.."". ....Y.S'I ,. ""t , JJ 11II'" LOT 2 45.21 ACRES TOTAL 2.87 ACRES R.O.Ii. 42.34 ACRES lET fl.&fCl /0 EASEI€NIS , IIECtRI . -I /'J'''1/:1 ,n! 1-1-':" . I. , ....,. ,'ii," ie~N nIt:' .~.. . "f" Ol'! JJ '" _..". 5 go CO'IIO'" !9.'J,oIJ' f'lJl'" or IEG/Wi/NG EJ/~ CORJER SECTION 36. TB9N. RJE rD. ,/I' II/OIIIIlO 250' O' 250' J SOO' LOT 1-1 stilI, SEC. :J&. ,,,,,, .,E IIDIC: MoL IIOOS AIlE SEI DR /fILL IE SEI /I/IH'" , If" ". 'IE Dol TE or IlECfRJING SHEET J OF. 6 ICME: ,. . 'lSD' DA TE OF SURVEY: I2/JI9fJ 12121/98 PROPRIETOflS: NASON CAre AID FLORINE CAre I IEREBY CCRTlfY THAT THIS LAIDS/,RVEYING DOCUHENT WAS PREPARED A/'KJ RELA 'ED SURVEY IIORK trioS PREfC/IIHCD BY HE OR UNDER NY DIRECT PERSONAL suPERVISION AND THAT I AN A OUY LICENSED LAHti SURVEYatl lHJ[n TIE LA/iS OF TIE STATE OF lDliA. HY UCEHSE IfENfWAL DATE IS DECEHBER 31. 1000 ~ - ~ 1~/z..:>/~ lilLUAH H. BURGER ., I,2f{41 DATE 5'0 3rtJ Str"t II..t Court I/Drthlngton. low' ~lB Wm. Burger LandSurveyors III, " parr ClMIIE~ ,., ",11 If At , - .. ,-,.... . ::'.-'- T'--- - -- .... -19- EASEMENT Filed March 22. 1995 ELEC~RXC LXNE EASENEN~ 2446-1995 (C...JllI...d .. P''''''' .1 .dd.lI.'" ""ld".lIont KNOW ^LL HEN BY ll\ESE PRESENTS: . 'h., W'. ..,Id"" .1 Du..... C,"'y. s,.,. .1 'ow. .. ,..,Id...,... .1 '2S..' t. 'J" p..d.Y IN'ER"A'E POWER COMPAN'. . D."w," C..p.""'" w"h .111'" ., ........ ,.... th. .m 'p' ..."..1 " "roby ",....,.d,.d. ,,,., .. Id ".p'" lion. It, .."..,~... .n .,,, ORd '..'00' ",,,p.,.., . 1,,,.., .w.y .. ,'""'. with 'h. · .,h' ORd p' I' \ \Ill' t. ",""". ..,.."..". 'P""" ..I.,... ..d ...". 11." I.. 'h. ,...,a){"" .1 .,.".1' ....,y. ,.".dl., ."."..y p.l.,. wI..,. "y'. ,'.b' ..d .,h... Ilx""" ..d... .,... .,.." ..d ,p" th. I,,'.wl., d."..b.d ...1 .".,. ....d by., ..d ,.,.t.d in the County of Dubuque, State of Iowa, to-wit: lot J of lot 1 of lot Z of lot 4 of the Northeast Quarter of Section 36, Township 89 North, Range 1 East of the 5th P.H. The Intent of this easement is to provide for the placement of 3 poles within a 50 foot strip of land acrosS the above described property with the centerline shown on the reverse side hereof being between Station 466t45.0 and station 472..Z0.0. This easement cancels and supcrcedes a certain easement granted on the Zlst day of Harch, 1963, end filed for record on the 10th day of April, J963, In the Recorder's Office In Dubuque County, as Document No. JZZ46 in 800k 55 on Page 506 as It relates to the above described property only and a certain easement granted to Eastern Iowa electric Company on tile 16th day of September, 1915, and ffled for record on the 30th day of January, J918, In the Recordcr's Office In Dubuque County, as Document No. 2670Z in 800k J07 on Page J7 as it relltes to tllc above described property only ,.,.'h.. with tho .I,ht ..d p.""'" t. t.... ,.t down .. ,..t..l tho ,...th .1 'RY t..., wl'h" Z5 I..' .1 tho ,..,.. 11.. .I.,.Id ,...,al"\" II." ..d ,," th. .I,ht t. ..,,, .pon th. .b." d.."Ib.d p,"'''' ., ",y limo lor th. p"p'" ,b." "t ,..th. including survey. 'h. lN'ERS'A'E POWER COMPAN'. '" ,.',.".., ..d """" will p,y I.. .11 d...,., t. ..., ."." (.x,.p' 'h. ,.".., ..d t......, .1 ,..., ., h...I. ..th..I..d). tll"" I.."'. c..p' ..d 'I""'" c..,.d by 'h. ,.."..".... .p...'I.. ,.d ....,....c. .f saId transmIssIon line. 'h" ,...t ., a.d. .. c....t... th.' .. .dd.""" ....., .1 ..... ,h.'1 b. p.'d t. lhe undersigned following survey and before actual constructIon begins. .".10' h".by ",....,.d,,, .."..p' .1 too "pi" .1 · H.lI" .1 Ca."l1.lI.. .dd..."d t. .".too. ORd 'h'" 6RANTOR 511"'-' 'lAVE TI" OIGIIl T' CAHCE' TIllS AGREEMENT ". W!TIIIH SEVEN (7) D.S1H[55 DAYS FOOM TI" DATE .F TillS "REEMENT · MUTlCE Of CANCELLATION (HAILED BY CERTIFIED HAll) IS RECEIVED BY GRANTEE, IN W'TNESS ,,"OEDF. H. h'" h...u." ,., ... h..d, ..d ,..1' th', ~ d.y .f L?J11 Ar II . J..1,!lS:. STATE OF 101#" COUNTY OF DUBUQUe .. th"J,2,.., d.y .1 JIJ,,,"II . ~. b.I... ... a oo'''y public ,,,,...llY ,pp....d .".. C.,. ,nd f'..... C,l., b,,"nd ,nd w".. t. .. ,.... to b. tb. pe."" d..or 'b.d .. aud .... "".'od \h. f...,.'" ''''00'''' aud ,,'....l.....d \h., th.y .,.c.t.d tho s... " th.l. lro' ,.d ,.1""'y .c, ,.d d..d. ..,1.d'., tho ..1"" a.d waiver of the rights of homestead. 18 WITNESS tftIEREOF, I have hereunlo .affixed ~ official stgnature wilh.a seal of ~ off'ce, the day end year . IA~. I 1I0D aAID. ./) /J 0 .n My COIIIII\5s'on Exp'res ~ tI'f~IIf--:?!.~ = _CK-idL &.a~ Notarv Public \sS. (SEAL) .** Under penall'es of perjury, I CertIfy that 400-10-5741 is my correct Taxpayer Identif'catlon Number. (SEAL) ..' (13 ANNEXATION STAFF REPORT Council Agenda: Property Location: Southwest corner of Old Highway Road and Seippel Road Property Owner: Wayne Stewart Legal Description: Lot 2 of Mason Cate Estates, a Division of Lot 1-1-2-4 of the NE 1/4, Section 36, T89N, R2E. Proposed Land Use: Industrial Existing Land Use: Agricultural Existing Zoning: County R-1 Adjacent Land Use: North: Residential Adjacent Zoning: North: County R-1 East: Agricultural, Residential East: City AG South: Agricultural South: County R-1 West: Railroad, Industrial West: County M-2 Flood Plain: N/A Total Area: 45.21 Acres Water: Available Existing Street Access: Old Highway Road and Cottingham Road Storm Sewer: N/A Sanitary Sewer: Available Purpose: Wayne Stewart has requested rezoning to LI Light Industrial and MHI Modified Heavy Industrial Districts, concurrent with annexation to develop this agricultural acreage for industrial uses. Physical Characteristics: The property has been in agricultural use for decades. The property is vacant farm land with frontage on both Old Highway Road and Cottingham Road, which will become the extension of Seippel Road. The topography is gently rolling and drains to the southwest. Conformance with Comprehensive Plan: The Land Use and Urban Design, Infrastructure and Economic Development Elements of the Comprehensive Plan include goals and objectives related to the need to annex and provide utilities to future growth areas for industrial development. The 1995 Comprehensive Plan Future Land Use Map did not identify the subject property as a potential growth area; however, the subject property was included in Area 4 of the 1997-1998 Annexation Study. Impact of Request on: Utilities: The property can be adequately served from a 12" water main along the new alignment for Seippel Road. An 8" sanitary sewer interceptor is approximately one mile away at this time. . . ANNEXATION STAFF REPORT Page 2 Traffic Patterns/Counts: The proposed property has frontage on both Old Highway Road and what is currently Cottingham Road. With the completion of construction of the extension of Seippel Road, the subject property will have frontage on Seippel Road. Average daily traffic counts from 1997 are 2,270 for Old Highway Road and approximately 1,500 for Seippel Road at its intersection with Old Highway Road. Public Services: Response time for City Police, Fire and Emergency Services will be the same as or less than response times of County and volunteer services. The City has identified that an additional or relocated fire station may be needed in the future as the community develops to the west. The City also has identified that annexation will require an additional snow removal route. Environment: Storm water management will be required as part of the review and approval of any site development. Adjacent Properties: Development of the subject parcel for industrial businesses could impact adjacent property through increased levels of noise, odors and automobile and truck traffic as well as the visual change of an agricultural field converted to industrial buildings. The land to the west is zoned County M-2, which is industrial. Single family homes have been built along Old Highway Road north of the property. CIP Investments: The City is nearing completion of extension of a 12" water main along the Seippel Road extension as well as extension of an 8" sanitary sewer interceptor to a point that is approximately one mile southeast of the subject property. Southeast of the property the City plans to construct an industrial park. Staff Analysis and Recommendation: Wayne Stewart is requesting the annexation of a 45 acre parcel with rezoning from County R-1 Rural Residential District to City LI Light Industrial and MHI Modified Heavy Industrial Districts. The subject property is on the southwest corner of Old Highway Road and Seippel Road. The 45 acres of land was included in the City's Annexation Study as part of Area 4. Area 4 is comprised of a total of 530 acres. The Annexation Study anticipated approximately 424 acres for industrial development while the balance, 106 acres, was proposed for park and open space. The Annexation Study looked at 14 growth areas and ranked them in terms of priority. Area 4 was one of the areas designated as Priority 1, an area of immediate opportunity. Priority 1 areas represent areas recently purchased by the City for the development of industrial sites and areas critical to the preservation of entrance ways and transportation corridors. Additionally, they represent areas under active development that will allow greater control over land use and building standards to help ensure more orderly development patterns. . ANNEXATION STAFF REPORT Page 3 Access from the site would most likely be off of the newly constructed extension of Seippel Road, which would provide a direct pathway to U.S. Highway 20. Staff recommends approval of the annexation request. The proposal is consistent with the City's Annexation Study. Annexation of this property provides the City with the ability to control growth and regulate development through subdivision, site plan and building plan approvals. Prepared bY:~eViewed: WA Date: LO-\-<\9{ CITY OF DUBUQUE, IOWA MEMORANDUM October 14, 1999 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Annexation Request of Wayne Stewart Should the City Council agree to hold a public hearing on the rezoning request from Wayne Stewart for 45.21 acres at the southwest corner of Old Highway Road and Seippel Road, Planning Services Manager Laura Carstens is recommending that a public hearing be set for the same day and time to consider his voluntary annexation request. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/j Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Laura Carstens, Planning Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM October 11, 1999 TO: FROM: Michael C. Van Milligen, City Manager Laura Carstens, Planning Services Manager~ SUBJECT: Annexation Request of Wayne Stewart INTRODUCTION This memo transmits a voluntary annexation request by Wayne Stewart for City Council review and approval. Mr. Stewart has requested annexation of 45.21 acres at the southwest corner of Old Highway Road and Seippel Road, concurrent with rezoning to MHI Modified Heavy Industrial and LI Light Industrial Districts. DISCUSSION Mr. Stewart's land adjoins the new extension of Seippel Road and a 12" water main along the east property line. An 8" sanitary sewer is approximately one mile from the site. The property currently is agricultural land that was included in Area 4 of the annexation study as a Priority 1 Immediate Opportunity area. Priority 1 areas represent land recently purchased by the City for industrial development and areas critical to the preservation of gateways and transportation corridors. On October 6, 1999, the Zoning Advisory Commission held a public hearing on the MHI/L1 rezoning of Mr. Stewart's property. There was significant opposition to the rezoning by adjoining residential neighbors. The Commission recommended denial. The City Council can concur with the denial without a hearing, in which case, there does not need to be a public hearing on the annexation. If the City Council agrees to hold a hearing on the rezoning request, then a public hearing on the annexation should be held immediately after the rezoning hearing, on the same date. RECOMMENDATION Since the land is within a Priority 1 annexation area, staff recommends annexation. Annexation will give the City greater control over land use and building standards. LC/mkr Attachments .. CITY OF DUBUQUE, IOWA MEMORANDUM October 11, 1999 TO: FROM: Michael C. Van Milligen, City Manager Laura Carstens, Planning Services Manager~ SUBJECT: Annexation Request of Wayne Stewart INTRODUCTION This memo transmits a voluntary annexation request by Wayne Stewart for City Council review and approval. Mr. Stewart has requested annexation of 45.21 acres at the southwest corner of Old Highway Road and Seippel Road, concurrent with rezoning to MHI Modified Heavy Industrial and LI Light Industrial Districts. DISCUSSION Mr. Stewart's land adjoins the new extension of Seippel Road and a 12" water main along the east property line. An 8" sanitary sewer is approximately one mile from the site. The property currently is agricultural land that was included in Area 4 of the annexation study as a Priority 1 Immediate Opportunity area. Priority 1 areas represent land recently purchased by the City for industrial development and areas critical to the preservation of gateways and transportation corridors. On October 6, 1999, the Zoning Advisory Commission held a public hearing on the MHI/L1 rezoning of Mr. Stewart's property. There was significant opposition to the rezoning by adjoining residential neighbors. The Commission recommended denial. The City Council can concur with the denial without a hearing, in which case, there does not need to be a public hearing on the annexation. If the City Council agrees to hold a hearing on the rezoning request, then a public hearing on the annexation should be held immediately after the rezoning hearing, on the same date. RECOMMENDATION Since the land is within a Priority 1 annexation area, staff recommends annexation. Annexation will give the City greater control over land use and building standards. LC/mkr Attachments Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th Street Telephone: 589-4210 RESOLUTION NO. -99 RESOLUTION ANNEXING CERTAIN PROPERTY Whereas, Wayne Stewart, property owner, has voluntarily petitioned for annexation of approximately 45.21 acres of property lying outside of the corporate limits of the City of Dubuque, Iowa, as shown in Exhibit A; 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 Future Land Use Map of the Comprehensive Plan; and Whereas, the future growth and development of the City of Dubuque, Iowa, make it desirable that said property 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 territorial limits of Dubuque, Iowa, be, and they hereby are extended to include the property legally described as Lot 2 of Mason Cate Estates, Section 36, T89N, R2E of 5th P.M. in Dubuque County. Section 2. The territory hereby annexed shall become a part of the Seventh Precinct of the Second Ward of the City of Dubuque, Iowa. Section 3. That the City Clerk shall file this resolution, all exhibits and the petition for voluntary annexation with the State of Iowa in accordance with State Regulations. Passed, approved and adopted this day of ,1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk F:\USERS\MELlNDA \WP\COUNCIL \RES\STEWART.ANX -..-..--...-.-.............. ...___u._.-.-.-..-.-.-.. County M-1 . : : : : : : : : : : : : : : : : : : : : : : : : : : : : : . : . : . . : . ...it----.....-... County M-2 .::::;:;:;::;:;:;;:::::::::::::::::::::: \ ':~:~:~:~:~:~:~:):~:~:~:~:~;~:~:~:~:~:~:""" '1 .' . '. '.' .'. '.' .'. '.' .'. '.' . '. '.' . '. '.' .'. '.' . '.' . en : ) ~ ~ ~ ~ ~ ~ j ~ ~ j ~ ~ j ~ ~ j ~ ~ j ~ ~ j ~ i ! i ~ ~ ~ T ~ j ~ i ! i ~ ~ ~ ~ j ~ ~ ~ ~ ~ ~! I t ~~ . . . . . . . . . . . . . . COUfl~ R']" . . . . . . 0 : i"" i i: i i j ~ ~ i: ~:: j:" "W::.: j:::: i i:'":": i": i i j i: I t ::;:::;:::;:::;:::::::::::::::;:::;:::::::;:::;:::;:::: \ ~ ::::::::::::::::::::::::::::::::::::::::::::::::::::::: \ . : . : . : . : . :- :- :- :- : . : ' :- : . :- :- : . : -: . :- :- : . : -: -: . :- :- : -: .' \ County R-1 ~...._.of O' A' O. I' ;::!I~ -r~ ~::=:=: :;zz:--~l. ~. ...............1-._ o:,""'t.,,,,,", I(~':;''''''''''ll ~."':"':'~':< )'l'C~,lf. 1:::1"":1"' Area to be annexed. City Bou ndary Applicant: Wayne Stewart Location: Southwest Corner of Old Highway Road and Seippel Road Proposal: To annex and rezone property from County R-1 Residential District to City LI Light Industrial and MHI Modified Heavy Industrial District. EXHIBIT A Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th Street Telephone: 589-4210 RESOLUTION NO. -99 RESOLUTION ANNEXING CERTAIN PROPERTY Whereas, Wayne Stewart, property owner, has voluntarily petitioned for annexation of approximately 45.21 acres of property lying outside of the corporate limits of the City of Dubuque, Iowa, as shown in Exhibit A; 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 Future Land Use Map of the Comprehensive Plan; and Whereas, the future growth and development of the City of Dubuque, Iowa, make it desirable that said property 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 territorial limits of Dubuque, Iowa, be, and they hereby are extended to include the property legally described as Lot 2 of Mason Cate Estates, Section 36, T89N, R2E of 5th P.M. in Dubuque County. Section 2. The territory hereby annexed shall become a part of the Seventh Precinct of the Second Ward of the City of Dubuque, Iowa. Section 3. That the City Clerk shall file this resolution, all exhibits and the petition for voluntary annexation with the State of Iowa in accordance with State Regulations. Passed, approved and adopted this day of ,1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk F:\USERS\MELlNDA \WP\COUNCIL\RES\STEWART.ANX . . . CITY OF DUBUQUE, IOWA MEMORANDUM October 11, 1999 TO: Michael C. Van Milligen, City Manager Laura Carstens, Planning Services Manager~ FROM: SUBJECT: Annexation Request of Wayne Stewart INTRODUCTION This memo transmits a voluntary annexation request by Wayne Stewart for City Council review and approval. Mr. Stewart has requested annexation of 45.21 acres at the southwest corner of Old Highway Road and Seippel Road, concurrent with rezoning to MHI Modified Heavy Industrial and LI Light Industrial Districts. DISCUSSION Mr. Stewart's land adjoins the new extension of Seippel Road and a 12" water main along the east property line. An 8" sanitary sewer is approximately one mile from the site. The property currently is agricultural/and that was included in Area 4 of the annexation study as a Priority 1 Immediate Opportunity area. Priority 1 areas represent land recently purchased by the City for industrial development and areas critical to the preservation of gateways and transportation corridors. On October 6, 1999, the Zoning Advisory Commission held a public hearing on the MHI/L1 rezoning of Mr. Stewart's property. There was significant opposition to the rezoning by adjoining residential neighbors. The Commission recommended denial. The City Council can concur with the denial without a hearing, in which case, there does not need to be a public hearing on the annexation. If the City Council agrees to hold a hearing on the rezoning request, then a public hearing on the annexation should be held immediately after the rezoning hearing, on the same date. RECOMMENDATION Since the land is within a Priority 1 annexation area, ~taff recommends annexation. Annexation will give the City greater control over land use and building standards. LC/mkr Attachments Prepared by: Laura Carstens, City Planner Address: City Hall. 50 W. 13th Street Telephone: 589-4210 RESOLUTION NO. -99 RESOLUTION ANNEXING CERTAIN PROPERTY Whereas, Wayne Stewart, property owner, has voluntarily petitioned for annexation of approximately 45.21 acres of property lying outside of the corporate limits of the City of Dubuque, Iowa, as shown in Exhibit A; 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 Future Land Use Map of the Comprehensive Plan; and Whereas, the future growth and development of the City of Dubuque, Iowa, make it desirable that said property 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 territorial limits of Dubuque, Iowa, be, and they hereby are extended to include the property legally described as Lot 2 of Mason Cate Estates, Section 36, T89N, R2E of 5th P.M. in Dubuque County. Section 2. The territory hereby annexed shall become a part of the Seventh Precinct of the Second Ward of the City of Dubuque, Iowa. Section 3. That the City Clerk shall file this resolution, all exhibits and the petition for voluntary annexation with the State of Iowa in accordance with State Regulations. Passed, approved and adopted this day of ,1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk F:\USERS\MELlNDA \WP\COUNCIL\RES\STEWART.ANX . . . County M-1 -..-...-...-............... ...-.....-....-.-..-.---.. Old Highway Road . : . : . : . : . : . : . : . : . : . : . : . : . : . : . : . : . : . . : . .. ...i"t-...-._.._._._.._._._.._'~'-'-'-'-"-'-'-"-'- County M-2 -: -:.:-:-:- :-:-:-: -: -:-: -: -:.:-: -: -:-:. : )!)!!!!!)!!!!!)!!~!!!!)!!!)!!!:::;:-: I ~ :::::::':::WiW::::i::i:::::i::i::ii::Wi':i.::: !} ~~ : : : : : : : : : : : : : : : : : : : : : : : : : : : : : PR~~~ :~:~: : : : : : : : : :: :\ [ . :.:-:-:.:-:-:-:-:-:-:-:-:.:-:-:.:-:-:-:-:-:-:.:-:-:-:-: ~ . :::i:::i:i:::i::::::::::i::::::W:::W:::W::::::i:: \ \ . .:.:.:.: -: . : . :- : . :- :- : . :- : . : . : . : -: -: . : . : . : . : . : -: . : -: . : . : . :::::::::::::::::::::::::::::::::::::::::::-:.:-:.:-:-:.' , ".-"'.1 0'''' o. " ~..~:::. c.t;....4o.w It<<'-"- ~:,-,,",-.-.c ~~.Jl County R-1 1:::.:::':1 Area to be annexed. City Boundary Applicant: Wayne Stewart Location: Southwest Corner of Old Highway Road and Seippel Road Proposal: To annex and rezone property from County R-1 Residential District to City LI Light Industrial and MHI Modified Heavy Industrial District. EXHIBIT A \V.C. STE\VART CONSTRUCTJON, INC. GENERAL and EXCAVATJNG CONTRACTOR PO Box 1174- Dubuque, JA 52.004- Phone 31ft' - 588-: 41.19 '" FAX. 3(c:r~;S~g~ .41#18 LtJ- /). r a.. (Jar oS knS P L A/J IJ UJ (P <5.e-yu ,.c~ YJ1 ttlt / UI SOW~+ 13+{.Sbf 1J~ b / u.g J LVu.J{L SZOO t C~~ J.+JJ.. A~+ +, 19~~ ~ ;t1s (?{)-I-'s krL~ ' be /fJs?.c!_J::'A_eJJ_o1 Lc>IL9.f /VJ AS_ON-.G T€ hTA1E.S ~s:._2L,A~y~__r(XL!J'-___2-,--8_'-l__ACf:e()g. Q. uJ. .Lj Z. ~--Act::..~ Nt:T ~--'-"'--L5-A_7)LJL[j.Lo.J/~--LP I- / - / - 2 -' J.f . 0 -I d P; F (JtL4"kv (AJ J: v0-~c-~=()Y.1_.3_b _TJ3J_N g,/. t=~_f _5-E lVI, Uu- b y::? u "e_ r /1;uu'ryrIDW/'Jr. WG" wou..Jd filL€" 10 Bf2lAlt;. -rt.,~J to l- i ...Jo +/,. (!,+, 0 {. D~ b VJ..e- "'-S !led'! J:;.Ju.dy,"5-1 I ,. yuux~ -!ru /1 ~,W.C. ST~WA(LT 'Pres"cJ.e"",,1r uJ.1:. _4I:jrt::tUA rt-r ~s I".u.clov rA/C-. CI..JCIDSe.; PLA T 4- 9~z- /999' .t;:4SC;_I!1I%Nr~_~!t't~-:1~LS ~ '. .: . ! :~ .~ . , I .' . . ~~.,~"'Y""- .. "'/' PLAT 4992-1999 -21- i Filed March 24, 1999 PLA T OF HASON CA TE ESTA TES A DIVISION OF LOT 1-1-2-4 OF TIE NORTHEAST QUARTER (NEJ/4} . SECTION THIRTY-SIX 1361, TOIINSIIIP EIGHTY-NINE NORTH (TB9Nl , RANGE OI€ EAST (RSE} OF THE SURVEY FIFTH PRINCIPAL HERIOIAH. DUBUOUE C(J/J'/TY, IOIfA -..,- - --- .-- ~~:l::::i~[).~' .._-J.~.v:~~l ,l'2.16.1501 ,;0,' 'lO II ,.'Jf,'Jfi' ( llJ67iiJ -'--;;,90 -S-.o"il'171t 11.11>.6.1 ~." S R":U'I" It ~ 070 '-'-j';riJ --,;,',;)r;.~~,; --A : \ J I, I"- Y . ..""..."- CLf'/rC CI Cl CJ C' C5 IIIC 'J:.4 ftU 11 /I' " ~).I' /I) .? on " 01 >>..9' l?'lro~;" .rlll' " , 1l"IJ'~' ,,' )' '5" IE CORNER SECTION 35. TB9H. RSE S(1 Ill' IfI()N IICtI liAS CAP 1111'1 FINAL PLA T .... ." I~ ," .... ~~ :~ \'8 .'" . (... OLD HIGHli.'1' , .. ROAD .,-. - sflfr;;'.r;i:'! 5IJ4.~' "'~'u:" 11'/ ....y. ~'J ,. ..It _ JJ 141'''' 11~ 11 Ll LJ t. U tf t1 tl U 'ORlloG s" ,,.,,' E SID"'''' It S /I Jf' I)' ( S J 11'15' f SID"'''''' "" "'59' " /1/1 OJ'''' C IIUIII'lrII IIU'/lI'Ir" OISIAHCE 114.11 1l1. " 1DC1III ".55 15D.n 115.111 151.58 ",. .9 ",. II LOT 2 45,21 ACRES TOTAL 2.87 ACRES R.O.Ii. 42.34 ACRES lET SlAXCI 10 flSf~NlS 1JF If(cal/ IJr'1 '.r . ")! 1- 1- C . 11 . . .. I" .... ,. ,'..1..;. i e9"J. n 1 f ~.. . .f" .;! N 26'40'5S' E 68.52 _.... 590 CQ'OO' It !9,'J..,r 250' J 500' LOT J- J SElIl, SEC. J5. ,WI. /lIE EJ/4 CORJER SECTION 36. TB9H. RJE 10. '12' 1_ /lCO LEGEND o . SU 1/1' II1IJN /lCO liltS CAP 1/1641 IaHJ EZlsrl10G KIMH'" I." me SlBJlflSI"" fl/V()JRY Sl1/rCl'lO LO' LI~ ESu.'WO ~H II(C1I1<<0 IS __ CZlsr/loG rEHCELI~ 0"" SO "" ".,t IIIAt~ /lIS-: . 'D. _.D.". lUll 250' O' IIOIC: Mot lIDOS AIlE SE' OIIlilLL It 50 1I1'HI/I I l'l1R fJF 'IE DA IE fJF 1I(CfR)11oG DA TE OF SURVEY: 1213198 12/14/98 PROPRIETOIIS: NASON CATE IJl} 110111'* CATE I HEREBY CERTIFY THAT THIS LA"'S~VEYING OOCUHENT liAS PREPARED AHD nElA 'EO SURVEY MORK liAS PREF'OIIHED Sf HE OR UNDER NY DIRECT PeRSONAL suPERVISION AND THA T I All A DCA. Y LICENSED LAN(j SURVCy:::n U>IO[n THE: LAItS OF THE STATE OF 10liA, HY LlCEHSE (fEHElIAL DA TE IS DECEHSER 3J, 2000 ~ ' 12 _ _ ,;./z.:>/~ I/II.L1AN H. IJ(JRC-ER ~2Slrj DA TE SHEET 1 OF. 6 IULf: " . 'lsD' Ie. , pars PI'flt'II " ",IIIfAl , Hm, Burger LandSurveyors ,,0 Jrd Slr"t tt,st court I/DI'thlnlLon. 10'" ~7S . . :..-..... ..-.-,--" . . '.'.- . T.... . -- '~~: : ii -19- EASEMENT Filed March 22. 1995 ELEC~RXC LXNE EASE~EN~ 2446-1995 (condItIoned on payment of addItional consIderation): KNOW ^ll HEN DY TIIESE PRESENTS: lh.t ". r..td..t. .r Du'.q" c...ty. st.t. .r ,... ,. ,...'d.r.tt.. .r flS." t. 'j" p.td by IMTERST.TE pOWER COMP'M'. .0.1..'" c.rp.,.t'", ..th .ff"" .t D.b.q'" I.... tho ""'pt .h"..f .. h".by ",,,.,.dg.d. g,..t "ld ,orpor' "on , n. ..".....r<, ... I g" "d ,...... . .porp.,", 1 r 'ght..f ",y .......1. .lth "" right "d p'" n.l. t, ,," <roo t. r"'" truOt, .p'" t., .., .1. ." "d ...". 11." for tho t,,,,",>,' ton ., .1.,tr" ...,g', ,.".d'.g ..,....,y p.l.., ..,.., g.,'. .t~. ..d .th.,~,.t.,.., ..d., , .,.r. .,r." ..d ,p" tho f,"ow"9 d..,r'b.d r." ..t.t. ow..d b, .. ..d ,.,.t.d in the County of Dubuque, State of Iowa, to-wit: Lot J of Lot 1 of Lot Z o( Lot 4 of the Northeast Quarter of Section 36, Township 89 North, Range 1 East of the 5th P.H. The Intent of this easement Is to provide for the placement of 3 poles within a 50 foot strip of land across the above described property with the centerline shown on the reverse side hereof being bet~een Station 466t45.0 and station 47~~20.0. . This easement cancels and supcrcedes a certain casement granted on the 21st day of Harch, 1963, ,nd filed for record on the 10th day of April, 1963, in the necorder's Office in Dubuque County, as Document No. 32246 in Oook 55 on Page 506 as it relates to the above described property only and a certain casement granted to Eastern Iowa Electric Company on tIle 16th day of September, 1915, and filed for record on the 30th day of January, 1918, in the Recorder'S Office in Dubuque County, as Document No. 26782 In Oook 107 on Page 17 as it relates to the above described property onll T.g.th.r .'th th. right ..d pr",'.g. t. tr'o, ,.t dow. or ,o.trol th. gro.th of .., tr..' ..thl. ZS f..t of th. ,..t.r ".. of,..td tr."""'o, 1,..; ..d .1.0 th. r'ght to ..t., .po. th. .bo" d..,rlb.d pr."'" .t ..., t'" for lh. p.rp..' .bo" ..t forth, Including survey. Th. IM1ERS1.TE PQW[R COMP,"', It. .."...or' ..d ....g.., .1" p., for .11 d...,.. to r..1 ..t.t. (..,.pt the ,.ttt.g ..d tr.....g of tr..' .. h.r.l. ..thor".d), t"l.g, f."". ,rop' ..d ",..to,' ,....d b, the ",.tr.,t.o.. ,p.r.tlo. ..d ....t....,. of said transmission line. Th', ,r..t t. ..d. 0' ".d.t'o' th.t .. .dd't'o..' .....t of ..,.. .h." b. p.'d to the undersigned following survey and before actual construction begins. ....lor horeb, ",,,o,.dg" r",lpt of too ..p'" .f · Mo"" of C..,,'1o"on .ddre<..d to ....ter, ..d th.t, ....'OR SIlOl.t II,VE TIlE RI GilT TO CANCEL TIll S 'GRElMENT If. MITIlIN SEVEN (I ) BUSlMESS Bm fROM TilE IlATE Of TIll S "RElItEM! , NOncE Of CAHCELLA1IOH (HAILED 8Y CER1IFIED MAil) IS RECEIVED BY GRAH1EE. 'M Vl1MESS "IEREDF, V. h'" h.r...to ..t ..r h.,d. ..d ...,. thl. ~ d., 0' L?Jl1lfr N ,11..2S. STATE OF IOWA COUNTY OF DUBUQUE B. th.....L2-., d., of flJ,.",N . ~. before ... · notory p.bll' .......n' .pp..r.d ..... c.r, ... FI.rt.. c.r.. Io,b... ... .IF., to .. k.oo, t. b. tb. p.r.o.. d.."Ib.. ,. ond ..h. ..".tod tho f.reg.'.g ,..tre...l ond ",.ow,.d,.d th.t th., ,..,.t.. tho .... .. th.'r f..' ..d ,01..t.r, .,t ..d ...d, t.,'.d'" th. T.l.... ..d waiver of the rlghls of homestead. \sSe (SEAL) ... Under penalties of perjury, 1 Certify that 480-10-5741 Is my correct laxpayer Identification Humber. (SEAL) 1M VITNESS ........ I b.,. ber...to.'ff'..d", offlel., ,'g..t.re .'th~ ,.., .f "' office, the day and year My c_ln'on [.plr.. - If? J L.:.f) Notarv Pub 1\c (13 . . . ANNEXATION STAFF REPORT Council Agenda: Property Location: Southwest corner of Old Highway Road and Seippel Road Property Owner: Wayne Stewart Legal Description: Lot 2 of Mason Cate Estates, a Division of Lot 1-1-2-4 of the NE 1/4, Section 36, T89N, R2E. Proposed Land Use: Industrial Existing Land Use: Agricultural Existing Zoning: County R-1 Adjacent Land Use: North: Residential Adjacent Zoning: North: County R-1 East: Agricultural, Residential East: City AG South: Agricultural South: County R-1 West: Railroad, Industrial West: County M-2 Flood Plain: N/A Total Area: 45.21 Acres Water: Available Existing Street Access: Old Highway Road and Cottingham Road Storm Sewer: N/A Sanitary Sewer: Available Purpose: Wayne Stewart has requested rezoning to LI Light Industrial and MHI Modified Heavy Industrial Districts, concurrent with annexation to develop this agricultural acreage for industrial uses. Physical Characteristics: The property has been in agricultural use for decades. The property is vacant farm land with frontage on both Old Highway Road and Cottingham Road, which will become the extension of Seippel Road. The topography is gently rolling and drains to the southwest. Conformance with Comprehensive Plan: The Land Use and Urban Design, Infrastructure and Economic Development Elements of the Comprehensive Plan include goals and objectives related to the need to annex and provide utilities to future growth areas for industrial development. The 1995 Comprehensive Plan Future Land Use Map did not identify the subject property as a potential growth area; however, the subject property was included in Area 4 of the 1997-1998 Annexation Study. Impact of Request on: Utilities: The property can be adequately served from a 12" water main along the new alignment for Seippel Road. An 8" sanitary sewer interceptor is approximately one mile away at this time. ANNEXATION STAFF REPORT Page 2 Traffic Patterns/Counts: The proposed property has frontage on both Old Highway Road and what is currently Cottingham Road. With the completion of construction of the extension of Seippel Road, the subject property will have frontage on Seippel Road. Average daily traffic counts from 1997 are 2,270 for Old Highway Road and approximately 1,500 for Seippel Road at its intersection with Old Highway Road. Public Services: Response time for City Police, Fire and Emergency Services will be the same as or less than response times of County and volunteer services. The City has identified that an additional or relocated fire station may be needed in the future as the community develops to the west. The City also has identified that annexation will require an additional snow removal route. Environment: Storm water management will be required as part of the review and approval of any site development. Adjacent Properties: Development of the subject parcel for industrial businesses could impact adjacent property through increased levels of noise, odors and automobile and truck traffic as well as the visual change of an agricultural field converted to industrial buildings. The land to the west is zoned County M-2, which is industrial. Single family homes have been built along Old Highway Road north of the property. CIP Investments: The City is nearing completion of extension of a 12" water main along the Seippel Road extension as well as extension of an 8" sanitary sewer interceptor to a point that is approximately one mile southeast of the subject property. Southeast of the property the City plans to construct an industrial park. Staff Analysis and Recommendation: Wayne Stewart is requesting the annexation of a 45 acre parcel with rezoning from County R-1 Rural Residential District to City LI Light Industrial and MHI Modified Heavy Industrial Districts. The subject property is on the southwest corner of Old Highway Road and Seippel Road. The 45 acres of land was included in the City's Annexation Study as part of Area 4. Area 4 is comprised of a total of 530 acres. The Annexation Study anticipated approximately 424 acres for industrial development while the balance, 106 acres, was proposed for park and open space. The Annexation Study looked at 14 growth areas and ranked them in terms of priority. Area 4 was one of the areas designated as Priority 1, an area of immediate opportunity. Priority 1 areas represent areas recently purchased by the City for the development of industrial sites and areas critical to the preservation of entrance ways and transportation corridors. Additionally, they represent areas under active development that will allow greater control over land use and building standards to help ensure more orderly development patterns. ANNEXATION STAFF REPORT Page 3 . Access from the site would most likely be off of the newly constructed extension of Seippel Road, which would provide a direct pathway to U.S. Highway 20. Staff recommends approval of the annexation request. The proposal is consistent with the City's Annexation Study. Annexation of this property provides the City with the ability to control growth and regulate development through subdivision, site plan and building plan approvals. Prepared bY:~eViewed: '/.>{.. Date: 1O-\-0C1 . . CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby given that the Dubuque City Council will conduct a public hearing on MONDAY, November 15,1999 at a meeting to commence at 7:00 P.M. in the Public Library Auditorium for the purpose to consider annexing approximately 45.21 acres lying outside of the corporate limits of the City of Dubuque, Iowa to the City of Dubuque, Iowa as requested by Wayne Stewart, property owner Said property is legally described as "Lot 2 of Mason Cate Estates, Section 3, T89N, R2E of 5th P.M. in Dubuque County and located at the Southwest corner of Old Highway Road and Seippel Road. (Copy of map and description for properties are on file in the City Clerk's Office and may be viewed during normal working hours.) Written comments regarding this annexation may be submitted to the City Clerk on or before time of pubic hearing. At said time and place of public hearing all interested citizens and parties will be given an opportunity to be heard for or against said proposed annexation. Any visual or hearing impaired persons needing special assistance or persons with special accessibility needs should contact the City Clerk's Office at (319) 589-4120 or TOO (319) 589-4193 in the Human Rights Department at least 48 hours prior to the meeting. Published by order of the City Council given on the 18th day of October, 1999. Mary A. Davis CMC City Clerk 1~.... /~f i0 / ....r . / / I -- ,L-I /1 - o{" - fJ OCT-26-99 tUE 04:02 PM TELEGRAPH HERALD \ CITY OF DUBUQUE,IOWA OFFICIAL NOTICE NOTICE is hereby giVen that the DUbuque Ci~ Council will conduct a. publio heltring on MONDAV, November 15.1999 at a meeting to commenCIil at 7:00 P.M. In the Public Library Auditorium for the pUrpose to consIder ~n8Xing :lpprox/- m=ltely 45.21 acres lying out- side of the corporate limit:! of thf.l City of Dubuql.le, IOWQ to the City of DUbuqua. Iowa as requKted by Wayne Stewart. property oWl1er. Said property Is I"gally dellcribed lIS 'Lot 2 of Mason C~te Estates, Sec- tIon 3, T89N. A2f: of the 5th P.M. In DUbuque County and located at the Southwest COmer of Old Highway Road and Seippel Road. (Copy of sUpportln!! documents we on file in tne City Clerk's Office and may be viewed during nOrTrIal worj(ing hours.) Wntten oomments regarding this anncxation may be sub- mitted to the City Clerk's Office on or before said time of public hearing. At said time and place of p,u.blic hearing, all Interested clm:ens and partloc will ba given DI'l opportunity to be neard for or against said pro~ posed ;mnaxatfol'l. Any visual or hei5ring im- p~lred persons needing spe-o clal ~3Istii\nCe or ~llIrsons wIth specil1/ accessibili~ needs should contact the City Clerk's Office at (319) 599-4120 or TOO (319) 589-4193 in the Human rlights Departrnent at least 48 hours prior to ttle meetIng. Publi&hed by order of the City Council given on the 18th day of Ootober, 1999, Mary A. Davis CMC City CllJrk 1t 11/5 FAX NO. 3195885782 P, 04 =#-.3L/d~,b L( Planning Services Department 50 West 13th Street Dubuque, Iowa 52001-4864 Phone (319) 589-4210 Fax (319) 589-4149 5U~~E ~<k~ NOTICE OF PUBLIC HEARING The Dubuque City Council will hold a public hearing on a request for annexation of 45.21 acres of territory into the Dubuque corporate limits. The public hearing will be held: DATE: Monday, November 15, 1999 TIME: 7:00 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: Wayne Stewart, W.C. Stewart Construction, Inc. LOCA liON: Lot 2 of Mason Cate Estates, southwest corner of Old Highway Road and Seippel Road. PROPOSAL: Annex 45.21 acres of private property. Additional information is available during regular business hours at: Planning Services, City Hall, Second Floor, 50 W. 13th Street, Dubuque, IA 52001, telephone (319) 589- 4210. Written comments may be sent to the Zoning Advisory Commission at this same address. Service People Integrity Responsibility Innovation Team work ~l"""'''I!.. ...-----.-.....--.........-...... County M-1 old Highway Road . : : : : : : : : : : : : : : : : : : : : : : : : : : : : : . : . : . . : . ...rt-..-....---....-.-"""-'-"'--"-"-'---""- County M-2 ::::::::::::::::::::::::::::::::::::::: i ........................................ : .:~:~:~:~:~:~:~:~:):~:~:~:):):~:~:~:..... . 'I . -: . :- : -: -: . : -: -: -: -: -: . : -: . : . : -: . :- :- : . :- :- :- :- : . en . : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : :: \ -! City : ~ ~ ~ ~ ~ ~ H H ~ U ) ~ ~ H H H ) : ~ ~ ~ ~ ~ ~ ~ ~ ~ > ~ :H H ) ~ ~ H \ ~ AG . . . . . . . . . . . . . . .COUf.l:tY. R..~. . . . . . ' II> ::::::::,::::::::::':::j':::'j':':':::::::::::!:.:.::: \ i :::::::::::::::::::::::::::::::::::;:::::::::::::::::::. \ g ::::::=:::::::::::::=:::=:=::=::::::::=::=::=:=:=:::=::: I : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : . : . : -: . :- : -: .' \ County R-1 (j. A' O. I' ~.I -<". ::i!. 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