Kress Industrial Facility Annexation RequestDubuque
THE CTTY OF
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Masterpiece are the Mississippi
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Voluntary Annexation -Kress Industrial Facility
DATE: December 13, 2007
Toby Kress has filed an application for annexation of 80 acres of property south of Old
Highway Road and west of the railroad line, in conjunction with rezoning the property to
Light Industrial District.
Planning Services Manager Laura Carstens is recommending approval of the
annexation request. Nothing in her recommendation or in mine relates to the requested
rezoning.
On December 5, 2007, the Zoning Advisory Commission tabled the rezoning public
hearing at the request of the applicant. The applicant wants to proceed with the public
hearing on the annexation.
I concur with the recommendation and respectfully request Mayor and City Council
approval of the annexation request. Should the City Council approve this
recommendation, filing the annexation documents with the State of Iowa for final action
will be delayed until the City Council has acted on the rezoning. If the rezoning is not
approved, the annexation would not be filed with the State of Iowa.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
THE CITY OF Dubuque
-~ ~
DuB E
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Masterpiece on the Mississippi
2007
TO: Michael C. Van Milligan, City Manager
FROM: Laura Carstens, Planning Services Manager _~
SUBJECT: Voluntary Annexation -- Kress Industrial Facility
DATE: December 10, 2007
Introduction
A public hearing on the voluntary annexation request of Kress Industrial Facility is set for the
City Council's December 17, 2007 meeting. This request is for annexation of 80 acres south of
Old Highway Road and west of the railroad line, in conjunction with rezoning the property to LI
Light Industrial District. The application, resolution, and staff report are enclosed.
Discussion
On December 5, 2007, the Zoning Advisory Commission tabled the rezoning public hearing at
the request of the applicant (enclosed). In addition, the Commission received the enclosed letter
from the Dubuque County Board of Supervisors.
Typically, the City Council's public hearing on the rezoning request would be held concurrently
with the public hearing on the annexation. The applicant wants to proceed with the public
hearing on the annexation at the December 17, 2007 meeting.
The City Council can proceed with the public hearing on the annexation. Since the rezoning
public hearing has been tabled, discussion should be limited to the annexation based on the
City Attorney's Office opinion on the quasi judicial nature of rezonings.
At the November 19, 2007 meeting, the City Council adopted the resolution approving the
annexation. Technically, this action cannot occur until after the December 17, 2007 public
hearing to comply with State law regarding notification requirements for annexation requests.
The enclosed resolution rescinds that resolution, and provides for approval of the annexation.
Filing the annexation documents with the State of Iowa for final action would be delayed until
the City Council has acted on the rezoning. If the rezoning is not approved, the annexation
would not be filed with the State.
Recommendation
I recommend that the City Council approve the enclosed resolution for the annexation request.
Enclosures
cc Barry Lindahl, City Attorney
Jeanne Schneider, City Clerk
F:\USERS\Kmunson\WP\City Council\CC 12_17_07\Kress Facility Annexation Memo to MVM 12_10_07.doc
Prepared by: Laura Carstens. City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider. City Clerk Address: City Hall, 50 W. 13 St Telephone: 589-4121
RESOLUTION NO. - 07
RESOLUTION RESCINDING RESOLUTION NO. 557-07 AND APPROVING AN
APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY OWNED BY
KRESS INDUSTRIAL FACILITY
Whereas, Kress Industrial Facility has submitted a written application for the
voluntary annexation of approximately 80 acres of territory lying outside the corporate
limits of the City of Dubuque, Iowa, as shown in Exhibit A and legally described as
Kunde Place #2 -Lot 3 (the Annexation Territory); and
Whereas, the Annexation Territory is not subject to an existing annexation
moratorium; and
Whereas, the Annexation Territory does not include any state property; and
Whereas, the Annexation Territory does include railroad property and county
road right-of-way; and
Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by
adoption of a resolution and required notification; and
Whereas, the annexation of the Annexation Territory is consistent with the
Dubuque Comprehensive Plan; and
Whereas, the future growth and development of the City of Dubuque, Iowa
makes it desirable that the Annexation Territory be made part of the City of Dubuque,
Iowa; and
Whereas, Resolution No. 557-07 should be rescinded.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Resolution No. -07
Page 2
Section 1. Resolution No.557-07 is hereby rescinded.
Section 2. The corporate limits of Dubuque, Iowa are hereby extended to
include the Annexation Territory legally described above and as shown in Exhibit A.
Section 3. The Annexation Territory hereby annexed shall become part of the
5th Precinct of the 1St Ward of the City of Dubuque, Iowa.
Section 4. The City Clerk shall file this resolution, all exhibits and the petition
for voluntary annexation with the State of Iowa as required by law.
Passed, approved and adopted this day of 2007.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
F:\USERSUCmunson\WP\City Council\CC 12_17_07\Kress Facility Annexation Resolution 12_07_07.doc
DEC-04-200? 15 50
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PHONE: 563-589-4441
FAX: 563-587-3836
December 3, 2006
eUubuc~ue (,our~t~
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COURTHOUSE - 720 CENTRAL AVENUE
DUBUQUE, IOWA 52001-7079
Dubuque City Council and Zoning Board
City Hall
50 West 13~` Street
Dubuque, IA 52001-4864
Dear Mayor and Council members and Zoning Board members;
DONNA L. SMITH
ERIC MANTERNACH
WAYNE DEMMER
We have recently been notified of a concurrent voluntary annexation public hearing and rezoning to Ll,
Light Industrial for the Kress Industrial Facility. This area is approximately 75.43 acres of land, south of
Old Highway Road, currently county zoned as R-1, Residential and C-1, Conservancy.
Kress Industrial, LLC came before the Board of Supervisors on February 12, 2007 with an application to
rezone this property from R-1, Rural Residential to R-2, Single Family Residential and M-l, Industrial to
allow for residential and industrial development of the property. The zoning request was unanimously
denied by the Board of Supervisors.
In light of the recent effort by Kress Industrial, LLC to include the voluntary annexation and rezoning
efforts, we wish to reiterate our concerns. These concerns include the location of an industrial use
adjacent to existing and future residential development, the increase of industrial and residential traffic,
noise pollution associated with industrial development and public safety concerns with ingress and egress
of industrial truck traffic and additional residential traffic. In addition, this proposed development does
not follow our Dubuque County Future Land Use Development Map which is included in our Dubuque
County Comprehensive Plan.
We ask that you consider our concerns during this annexation proposal and the possible subsequent
rezoning of this parcel.
Sincerely,
~~+~'
Eric Manternach, Chairperson
Dubuque County Board of Supervisors
cc: Anna O'Shea
n-~ cm o~
DuB E
PLANNING APPLICATION FORM
Gty of Dubuque
Planning Services Departrnent
Dubuque, IA 52001-4864
Phone:563-589-4210
Fax: 563-589-4221
^ Variance
^Conditional Use Permit Rezoning
^Planned District ^Simpie Site Plan
^Minor Site Plan Annexation
^Temporary Use Permit
'
^App,~l ^Prelirrrnary Plat
^Minor Final Plat ^ Major Site Plan
^ Major Rnal Plat rty
^C.ertifKate of Economic Non-Viafxl
^Certificate of Appropriateness
^Spedai F~oception
^Limited Setback Waiver ^Text Amendment ^Simple Subdivision ^Other:
Please type or print legibly in ink
property owner(s): ~ ~,~~~,~,~._._~..~~ •~`~~ Phone: ,~~,~ ~ I3 f~F~`7
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Address: ~i~'" ~- ~(~~ ',~,~L~ Gty: ~~~.(~ State: ZLl- Zp:~ S~ C~'?i
Fax Number: .J ~' s'.s8 ~"' .~/'~~T_ -+~obile/Cellular Number: ~~1
-'--~ Phone: _ , G ~^ ~
Applicant/Agent: ~ ~ .,
Address:
Fax Number.
Gty: Stat~:= Trp:
Mobile/Celiular Numfier:
Ste location address: (1 ~ S 4~ s .-~- ~o ~-
Existing zoning: ~, ~ Proposed zoning: L' ~
Historic District: ~ Landmark:
Legal Description (Sdwelt paroe! ID# or lot number/blodc number/subdivision): ~~ 3r^' ~--1 l ~~
._,.
Total property (lot) area (sq re feet or aaes): ~~' ~ ~-~ I~J`G~'" ~ ~~'S'
Describe proposal and reason r~cessary (attach a letter of explanation, if needed): , ~~1 i~t-C' X
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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 beconmes public record;
2. Fees are not refundable and payment does not 9uarantiee approval; and
3. All ad~tional required written and graphic materials are attached.
,° ~ ~ -~ `~
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Property r*Nner(sJ'.- ~-~_---~- _ Date: _.
Applicant/Agent: Date:
FOR OFFICE USE ONLY,-rAPPL~CATION SUBMITTAL CHECKLIST
~: L'~~:tv~~t Received by: '~Z~,u.~tc'< ( Gz~C~t,--m Date: ~~ ~-G ? Docket:
^Site/sketch plan ^Conceptual Development Plan ^Photo ^Improvement plans
^Design review project description ^Floor plan ^Plat ^other~
THE CITY OF ~~/
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DUBUQUE
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Kress Industrial Facility Annexation Vicinity Map
® Kress Industrial Facility 75.43 acres
Railroad Right of Way - 16.17 acres
Q Dubuque City Limits
Race Man Pmvirlarl by r)nhunua Cnunty C;IR HiPlanninn Raniiroc5\/irinifii ~Aanc\7A( \lirini4v Mana\Kraec Inf7nchrial T+nm RAilc Aori~l ~Aa~ 11 f1r. !17
ANNEXATION STAFF REPORT
Council Agenda: December 17, 2007
Property Location: South of Old Highway Road and west of railroad line
Property Owner: Kress Industrial Facility
Legal Description: Kunde Place #2 -Lot 3
Proposed Land Use: Light Industrial Proposed Zoning: LI
Existing Land Use: Agricultural Existing Zoning: County R-1 Single-Family
Adjacent Land Use: North -Residential/AG Adjacent Zoning: North -County R-1
East -Industrial/AG East -City Hic and LI; County R-1
South -Agricultural South -County R-1
West -Agricultural West -County R-1
Flood Plain: No Total Area: 80 acres
Water: Yes Existing Street Access: Yes
Storm Sewer: No Sanitary Sewer: No
Purpose/Reason for Annexation: To rezone to LI Light Industrial District for property
to be developed for industrial uses, in conjunction with annexation.
Physical Characteristics: The subject property is farmland located south of Old
Highway Road and west of the railroad line.
Conformance with Comprehensive Plan: Goal 8.4 of the Economic Development
Element of the 2002 Comprehensive Plan states: Annex additional land, as necessary
and as possible to accommodate projected commercial and industrial expansion. The
2030 Future Land Use Map designates this parcel for rural density residential
development.
Impact of Request on:
Utilities: The property can be adequately served by City water main along Old
Highway Road. City sanitary sewer service is approximately one mile away and
terminates on the south side of the landfill property.
Traffic Patterns/Counts: The subject property is west of the intersection of
Seippel Road and Old Highway Road. Based on IDOT 2005 vehicle counts,
Annexation Staff Report -Kress Industrial Facility
Page 2
Seippel Road carries approximately 1,520 ADT (average daily traffic) and Old
Highway Road carries approximately 1,450 ADT.
Public Services: Existing public services are adequate to serve the property as
it's developed for industrial purposes.
Environment: No adverse impacts provided erosion control and stormwater
management are implemented.
Adjacent Properties: The impact to adjacent properties most likely will be through
an increased volume of traffic and an increase in the ambient light level and noise
levels, depending on the nature of any future industrial uses on the subject
property.
CIP Investments: None proposed.
Staff Analysis and Recommendation: The property requested for annexation
contingent on rezoning lies with the urbanized area (i.e., within two miles) of the City of
Asbury and the City of Centralia. Iowa Code allows for these types of voluntary
annexation requests be approved first by the City Council, and then by the State of
Iowa's City Development Board. The property meets Iowa Code requirements for 50
feet of adjacent boundary for annexation to the City of Dubuque provided that 16.17
acres of railroad right-of-way is also annexed. Because the subject property is adjacent
to Old Highway Road, the City must annex to the center line of this County road to
comply with Iowa Code. The property is adjacent to existing industrial uses in the
County and industrial zoning in the City.
The property is included in the City's 2006 Annexation Study Update in Area P, which is
located westerly of the City of Dubuque. Area P is part of the South Catfish Creek
basin and land forms generally slope easterly and northeasterly. The topography in
Area P is considered moderate to moderately rough. There is a limited amount of
commercial and residential development along Old Highway Road in the northern part
of Area P. The majority of Area P is undeveloped and used for agricultural use.
Development of Area P will require the construction of water main improvements and
sanitary sewer improvements.
Staff recommends approval of the annexation request.
Prepared by:~ Reviewed: ~°~'~~
Date
i 4 I'~ 0°7
F:\USERS\KmunsonlWP\City CouncillCC 12_17_07\Kress Facility Annexation Staff Report 11_13_07.doc