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Kress Industrial Facility Annexation RequestDubuque THE CTTY OF ~~~ ~ All-A~ricaCity 4 { Masterpiece are the Mississippi Zao7 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 ~ r 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 r -. • Date: To: ~~~ REMAX ADVANTAGE REALTY r • ~ •- Fram: ~ i ~ ~ ~ d VL9,-Q:Ir . ~(. . R~IiVIA1C • ~ : Advantage Realty ~_ ~~r'.`. Nicole Ehlinger •_ :~.' ~ • ~ :` ' ~- • REALTOR' o S T d ~~ , an sv~ man earn x'h X029 Pennsyhrenle Ave. ~"~ Duque, Iowa 52002 7 '~ CeY; (5E3) 548.6178 . ' i;1..1. )• / Office: (563) 508.3078 .. • ~ Fed (563) 586.1798 . E•Meil: Nlcola~DaveSandmen.com • ~~~,~.•OEacnawsrd.,.m,~ga.+ra.MwMr.+ ~~ RE: ~~ ~ 7 ~ ~ ~u~a ~U ach.z,o ~~ (Number arpages to follow: ~ t . Note: ... l ~ ~ . l ,~~_'/C/ ~ ~ t If you have pro Isms receiving this transmission, please confect ~tsrat 3 _ Soft-307Q. Ou '.Iax number is 31 J-.ri8a-1799. ~ ~~~~ g This mess e a9 (mended only for the use of the individual oc entity to which it is addressed a d maY'rAritain informat'wn that is privileged, conlidentia! anrJ exempt from di closure•uncter applicable law. If the reader of this message is not Vie inlende redp'ient, you are hereby riolifred that any dissemination, distribution or clopying of this communication i$ strictl received this Communication in error, please notify us mmediialelylbYou have telephone, and ~re(urn the original message to us at the above address via the U.S. Postal Service. • ~ ~`~i~ a' ^s7l\ Advantage I~eatt ~~ ti 4029 Pen~~syivanla Ave, y I: •~ ~~M'..:.".;_;::;; # Dubuque, Iowa 52002 Y A:'i~.~'J~'~1.1.~`~~y. 'rA, pehvne: ((3'19) S8H~070 ~, Y;Y i~ Ofpce huiepeu~,~y Owned anJ Opaiafeu 563 588 1?9q P.01i01 TOTAL P.01 PHONE: 563-589-4441 FAX: 563-587-3836 December 3, 2006 eUubuc~ue (,our~t~ G~OG~NGL O ~l~L e~"(1G~0/^~ 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 r 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 ~: )'? C. eL~v2C' ~ 1,~t ~~. ~ ~-~ti t'~ ~ c~~ ~~ ~.., ~ ~ ~L; I~. f~ ,~-r~i=lt S f} x~i z,~-~ ~ " T f i 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. ,° ~ ~ -~ `~ .. --- 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 ~~/ SUB E NTnste>piece on the Mississippi N ~~ DUBUQUE ,~ 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