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Home My WebLink Aboutpetition for voluntary annexaion vsl AT�RLpp OW A Co ccLpF . FpRB TIlE CITY BE BXAT1pN LET NO A- tes, LC, as option LT1Tlp�FpRVp ezgy p'ss°clapetitl nersez i oTC as co P Elk Run E ecti�ely the following t and as It , t...� " ;\ wners and i ned �coll annex the 1p to the C y ned land° the unders�City»�� to -relationship sh esbezein 4..' dersig by the Lion In t pages the 0- Tb , estate own Iowa its 1Oca ubseau out in for ze` o f �1 atezl°follows, showing zo�ided in s ers aze set of. o egal tlti sty that f oUoexationPlat p the Petitio ge a eTein.post ze e etitit tbap e Ann of d m in th sho` aeScz%bed on and signatuzeAnnexation an the land aze pacific lefollo addze Petition for V oluntazy $0)pmzcent of es a Unto aztjes ate clu The names,of this etition t least eighty ed also ine Bell land ap a in the following pageszepzeseto a to be am-vexed eby fez to be anne he undezl1c ai heze The t el of v 1 tezzitozy eBe with Milota, nets estate owned and Thezesa L Azbuckle 'The o beltannexe d a pazeel°f veal ongh easements In adowanthz 'Thomas C. a hn -D. Dpzothy itozy t h of-way etitiOners• t , Iowa, Th Padden, 3° and tezz zip t- e P k Cos y Mozgan� Pa herez' Railroad anon Bl ck xa doe, s 3°an C\\zlsti T oy Gene chided el and zoad occu?the by being 1 Tdoe, icot Czaig lounge z,r itioneze nets zequest a o 11nersh�P d c eanpz Ungez Scott among the 6 1, P etitzo 3ames B. and Raymond axe not inch Code Section 3 8 Tzustee'T odd pales to Iowa 3 Mangez' pUzsuant described herein.TI�EI�Fp the azea des (Date) annexing :iic Resolution� By. di Vchevssenv zesident LC :iece, ice Associates,LI,C cIo L Bneeg evelopmelt,ste•I,C l,S Pow Centex, '1 cI° Chestezfield 6301 DAY OF 110 ass zi S�l,ouis,6- °2200 hone 636-532- 14W A,THIS P CITY a W ATERLOO 61)L5 BY TY__ Cl 2p4'1. REC �� C et City - . • I II c ar, �a �,*7, Ta ` s". :- . . ,:_f.,-,---„-tz---,' ,....-tyr-Alte----- 4- so Pfl ' cad' D Y r :f7 - +�,3' s Jth r r r m m m co 73 rno� z flo am I m * m r MERLE RD. ,. 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WATERLOO.IOWA.50703. 319-232-6531 ' i S i 3 p.,dS 1-:,-,:zigqi - ;o-_1-i 3 ii p ry a 3 .„m a wN e;r A A m;3:;;3: x Agg� m A -g i 0 0 a N m m •w N , 11111 - a o 0 0 '" 0 0 0 0 0 0 0 0 0 0 0 o a o a m rfl III e e n e o e e e o e e e e e e e e e e u I e e a A a A a -< z z z z z z 00 0 8o m o o ro c e$e 2 oo0 m w moo m £ mEmmmmmmmmmm £<£ Fm : £ £ m mmmmm fi '~O Soo 0 8 +g H `w m N �8r •g8�o8HONS db =dd �< u o2n x ~ D N L o O iZ m m D 1 g O D - Th r _m x mmonod n,DNrin „„mTmO Z I O0 y Oo AT ND, . t 13 d'A�w - - sl�+mlo- £$u-�-.�-.,ao��ie oono _ onm�vn Nonni z -wosiim ino og_~1o�:7:.'b oa . -Iim 52' rPr=>ztOo m�n t15-!*Ni -�i?��Ti;,HEmazp� ,A-; to = Cpipo00� -'n s'slni�>-moaaDo ma`�',-ova : a my� $ �c oy nae In oxflm8m-.� A-41 _ i8A '"-m'2.„y aim> s o�? m �m$$oiu� - E : ..Ana$ zamNmmi �^' �c u �r --ieomo2m -i m Imo xo;a -I i m o18 _ mix - _ z n$� on m "- ozwm Am`3Ao$a E% g ?'"- - %iiimmoaz�"N'm Ao 0 IxI n maap m $^£a�coNy�z - m000m7A' maar _ Hzgit-£.-MK m mn o `" z�'?Amz ag`'z' o r7,44� "4'•%5$<iw zco 0 .z-,in�mccm�i om rou z$i Hm=Zrnl cmi gA Asm • 0- 1oNAmTz cziomo-o _ - m�8w�"ioo $ozNo-m"I�oo s_omcmPzo:8 rznmN�TNy '.a� _ Armen'"-mi rm.�i rb,I mo a m-I N _ IMRNMP;INDF::,1$?;:ig 41pi5'lliN41 - n mm - - _ - mAoi '''''8: m £$ b 0 0o mZ.�v m 4 T� � 4p o��Am�mA �»�mb��o $° mm -on41,E,ThE'uzo8F,�m=m:o7,rmoK$x2h u:BzdNmm� mcm mo ">m8�>��_so�� ;oyr ��mo $p=o"�o ��_� Mii-Ti �p oarm'>y -4ox ' "ur11%,8`Ar. �o� nx oar Nm ti imam:om Inc m m aro$o�~ $�Ci8E 'a� u m _ J S m A A. x a x m o 1 i N 0 N Landowner/Petitioner Name:Douglas Miller and Debra Miller Landowner/Petitioner Address:4811 Newell Street,Waterloo,IA 50703 Landowner/Petitioner Phone: (319)291-6035 Legal Description: The following described real property located in Black Hawk County,Iowa is FULLY included in the Annexation Plat: Parcel ID: 8912-15-476-003 THAT PART SE SE SEC 15 T 89 R 12 DESC AS FOL: COM AT SE COR SAID SE SE TH W 699.68 FT ALONG S LINE SAID SE SE TO PT OF BEG TH CONT W 523.27 FT ALONG SAID S LINE TH N 415.88 FT THE 313.55 FT TH S 01 DEG 49 MIN 44 SEC W 93.97 FT TH E 211.91 FT TH S 316.59 FT TO PT OF BEG EXC RD R-O-W Owner(s): 4:4 (mom Miller (Date) fia41' 111 1a& ce3 9 /d067 Debra Miller (Date) Landowner/Petitioner Name:Marlene Pearl Miller Landowner/Petitioner Address:4418 Vintage Lane,Waterloo,IA 50701 Landowner/Petitioner Phone:(319)232-1806 Landowner/Petitioner Name:Darrel Oldenburger and Jeanne Mae Oldenburger Landowner/Petitioner Address:3435 Monarch Avenue,Marion,IA 52302 Landowner/Petitioner Phone:(319)377-2721 Legal Description: The following described real property located in Black Hawk County,Iowa is FULLY included in the Annexation Plat: Parcel ID:8912-15-476-002 SE SE SEC 15 T 89 R 12 EXC N 17 FT OF THE S 50 FT OF THE W 300 FT SEE BK 493 P 631 AND EXC RD AND EXC THAT PART DESC AS FOL: COM AT SE COR SAID SE SE TH W 699.98 FT ALONG S LINE SAID SE SE TO PT OF BEG TH CONT W 523.27 FT ALONG SAID S LINE TH N 415.88 FT THE 313.55 FT TH S 01 DEG 49 MIN 44 SEC W 93.97 FT THE 211.91 FT TH S 316.59 FT TO PT OF BEG AND EXC RD R-O-W Parcel ID:8912-15-426-001 NE SE EXC RR SEC 15T89R12 Parcel ID: 8912-14-351-001 SW SW SEC 14 T 89 R 12 Parcel ID:8912-14-301-001 NW SW SEC 14 T 89 R 12 Parcel ID: 8912-14-151-001 SW NW EXC RR SEC 1'4T 89R 12 Owner(s): Marlene Peal Miller J (Date) Darrel Oldenburger (Dat Jeanne Mae Oldenbur r 7, J Landowner/Petitioner Name: Marvena Ryan Landowner/Petitioner Address: 2643 E.Donald Street,Waterloo,IA 50703 Landowner/Petitioner Phone:(319)236-3166 Legal Description: The following described real property located in Black Hawk County,Iowa is FULLY included in the Annexation Plat: Parcel ID:8912-14-326-001 NE SW SEC 14 T 89 R 12 The following described real property located in Black Hawk County,Iowa is PARTIALLY included in the Annexation Plat: Parcel ID: 8912-14-376-002 SE SW SEC 14 T 89 R 12 EXC COM AT PT 33 FT N OF SE COR SW SEC 14 TO PT OF BEG TH 310 FT N TH 532 FT W TH 310 FT S TH 532 FT E TO PT OF BEG Owner(s): n .� rOQ- 02 Ma na Ryan ( ) (Date) I Landowner/Petitioner Name:L K R Farms,Inc. Landowner/Petitioner Address:2825 Huntington Road,Waterloo,IA 50701 Landowner/Petitioner Phone:(319)277-1571 Legal Description: The following described real property located in Black Hawk County,Iowa is PAR?IAA included in the Annexation Plat: Parcel ID:8912-14-251-002 SW NE SEC 14 T 89 R 12 EXC N 540 FT OF E 665 FT OF W 855 FT&EASE Owner(s): II " ' 'rid `—.-g ois K Rie er g (Date) President it f 1 1 I r r I April 17, 2007 Dear Property Owner: This letter is being sent to you pursuant to Iowa Code Section 368.7(1)(c) and Iowa Code Section 368.7(1)(d) to inform you that the Waterloo City Council will hold public hearings on the request of Elk Run Energy Associates, LLC to annex approximately 345 acres of land and to rezone approximately 260 acres of land generally located along Merle Road, north of Newell Street, 3/4 mile east of North Elk Run Road for the construction of a 750-megawatt coal-fired electric generation facility. The Waterloo City Council will hold the public hearings on the above annexation and rezoning requests on Monday, May 7, 2007 at 5:30 p.m. in the Council Chambers, second floor of City Hall, 715 Mulberry Street, Waterloo, Iowa. You may appear at that time and place and be heard or you may file written objection or support with the City Clerk, City Hall, Waterloo, Iowa before the date set for said hearings. Enclosed please find copies of the petition for voluntary annexation which includes a copy of the legal descriptions and maps. Also enclosed is the legal description and map for the rezoning request. If you have questions on the above information, please feel free to contact my office. Sincerely, Nancy Eckert City Clerk Enclosures cc: Planning and Zoning UNION PACIFIC RAILROAD COMPANY TERRY WITT MIDAMERICAN ENERGY REAL ESTATE DEPARTMENT Affected Public Utilities 260 FAIRVIEW AVE ATTN:TONY LOVE, PASST.V.P. 2 0 BOX 6 OMAHA,NE 68179-1001 WATERLOO, 1400 DOUGLAS ST STOP 1690 ERLOO,IA 50704 ROD LARSEN IOWA DOT DENNIS CLARK 1875 W RIDGEWAY AVE RANDY BROWN WATER WORKS PO BOX 1888 4040 A EX 325 SYCAMORE ST WATERLOO,IA 50704 4040 ALEXAN IA 50702 DRIVE WATERLOO,IA 50703 WATERLOO, BRANDON HAMANN GORDON WALDON QWEST QWEST HEFNER QWEST W STRATFORD 1010 STRATFORD WATERLOO,IA 50701 2103 { DES MOINES,UNIVERSITYA WATERLOO,IA 50701 DES IA 50317 BELL,MERLE T BELL,MERLE T R EL ,MERL ST Copy certifiedo the application by 1644 MERLE RD WATBAUCH, T 50701 wn and affected non-public utilitiesting WATERLOO,IA 50703 owner public DAN ARENS RANDY BROWN SUSAN HEFNER MIDAMERICAN ENERGY 4040 ALEXANDRA DRIVE QWEST MEDIACOM 260 FAIRVIEW AVE WATERLOO,IA 50702 2103 UNIVERSITY p O BOX 600 DES DES MOINES,IA 50317 WATERLOO,IA 50704 UNION PACIFIC RAILROAD COMPANY ROD LARSEN REAL ESTATE DEPARTMENT IOWA DOT ATTN: LOVE,ASST.V.P. DENNIS CLARK 1875 W RIDGEWAY AVE 1400 DOUGLAS ST STOP 1690 WATER WORKS PO BOX 1888 1400 NE 68179-1001 325 SYCAMORE ST WATERLOO,IA 50703 WATERLOO,IA 50704 MORGAN JOAN BRANDON HAMANN MORGAN,,PHYLLISHYL MAY QWEST WALDON QWEST O NEWELL ST QWEST 1010 STRATFORD WATERLOO,IA 50703 WATERLOO,IA 50701 WATERLOO,IA 50701 IA HERTZ FARM MANAGEMENT PADDEN,MICHAEL HERTZ FAR J A DA INCINCE 415 S 11TH ST pARDOE,JAMES H pADDEN,CHRISTIN A App BOX 500 942 BROOK PARDOE,ELEANOR 940 BROOK RD WATERLOO,2 T IA WATERLOO,IA 50703 PO BOX 5 0 50201 50703 I C MUNGER,DOROTHY J MILOTA,THOMAS MILOTA,THERESA L MUNGER,SCOTTODD CRAIG ETALD 4545 NEWELL ST MUNGER,SCOTT CRAIG 3365 MT OO,IA 5 DR WATERLOO,IA 50703 WATERLOO,IA 50701 I I. Elk Run Energy Associates,LLS ACKERMAN,RAYMOND L BELL,MERLE T ACKERMAN,MARION J 1644 MERLE RD Annexation Notice—Adjacent 5338 E DONALD ST WATERLOO,IA 50703 Property Owners and Owners WATERLOO,IA 50703 within the Area to be Annexed DEWAR SANITARY DISTRICT FARMERS NATIONAL COMPANY HERTZ FARM MANAGEMENT INC TABER,THOMAS N ARBUCKLE,JOHN DAVID TRUSTEE PO BOX 3 11516 NICHOLAS ST#100 415 S 11TH ST DEWAR,IA 50623 PO BOX 542016 PO BOX 500 OMAHA,NE 68154 NEVADA,IA 50201 HOFFMAN,MATTHEW L KASS,ARTHUR LKR FARMS INC HOFFMAN,ANNETTE M 3428 N NESBIT RD 2825 HUNTINGTON RD 932 BROOK RD DUNKERTON,IA 50626 WATERLOO,IA 50701 WATERLOO,IA 50703 MILLER,DOUGLAS D MILLER,MARLENE PEARL MILOTA,THOMAS C MILLER,DEBRA J OLDENBURGER,JEANNE MAE MILOTA,THERESA L 4811 NEWELL ST 4418 VINTAGE LN#V 4545 NEWELL ST WATERLOO,IA 50703 WATERLOO,IA 50701 WATERLOO,IA 50703 MORGAN,PHYLLIS J MORGAN,PHYLLIS JOAN MUNGER,DOROTHY J 4621 NEWELL ST MORGAN,REVA MAY MUNGER,TODD RAYMOND 4621 NEWELL ST MUNGER,SCOTT CRAIG ETAL WATERLOO,IA 50703 WATERLOO,IA 50703 3365 MT VERNON DR WATERLOO,IA 50701 OBERHAUSER,MICHAEL PADDEN,MICHAEL PARDOE,JAMES H OBERHAUSER,NANCY PADDEN,CHRISTIN A PARDOE,ELEANOR 5421 NEWELL ST 940 BROOK RD 942 BROOK RD WATERLOO,IA 50703 WATERLOO,IA 50703 WATERLOO,IA 50703 SCHONS,JACK R WARD,LE ROY V RYAN,MARVENA R WARD,DEBRA K 2643 E DONALD ST PO BOX 21 BRINKMAN,MICHAEL T WATERLOO,IA 50703 DUNKERTON,IA 50626 1405 N RAYMOND RD WATERLOO,IA 50703 WIDDEL,KATHLEEN L UNIO CIFIC OAD C ANY RE ES ATE D AR EN BELL,MERLE T 1747 RD A ;T Y L VE,AS .P. 1111 BAUCH ST DEWAARR,,IA A 5 500623 14 0 DOU L ST STOP 1690 WATERLOO,IA 50701 0 AHA,NE 68179-1001 TOM LITTLE,CHAIR BOARD OF SUPERVISORS Chairperson of the Black Hawk COUNTY COURTHOUSE County Board of Supervisors SUITE 203,316 E 5TH ST WATERLOO,IA 50703 i _o \ // m � x I Z D o s _ : _k. MEIk:Run:Rd - :. ,.- - >, `J u r (D 0. 0 CD Q y a0 I— C X z 0_ nm so� Z nr.» o x . O DI I . Im I g O O -1 v —I, X %.< Z D CD C 0 co x \ CD 0 O v — X CD ' ( _ � � ea 3j v BCD ( ill \Merle Rd 0 CA) Q. — ci› �� w c . _ o , CDCD — - m cn X u I -• � CD o \\.. 0 D a) _ Z of ®®:N m _ I _ ®®� xrm _ — N•Raymond-Rd - _ 1 ' C 17 Q CD_ = — . O = ° C --- , / \\ UNION PACIFIC RAILROAD COMPANY TERRY WITT REAL ESTATE DEPARTMENT MIDAMERICAN ENERGY Affected Public Utilities ATTN:TONY LOVE,ASST.V.P. 260 FAIRVIEW AVE 1400 DOUGLAS ST STOP 1690 P 0 BOX 600 OMAHA,NE 68179-1001 WATERLOO,IA 50704 RANDY BROWN DENNIS CLARK ROD LARSEN MEDIACOM WATER WORKS IOWA DOT 4040 ALEXANDRA DRIVE 325 SYCAMORE ST 1875 W RIDGEWAY AVE WATERLOO,IA 50702 WATERLOO,IA 50703 PO BOX 1888 WATERLOO,IA 50704 SUSAN HEFNER GORDON WALDON BRANDON HAMANN QWEST QWEST QWEST 2103 UNIVERSITY 1010 STRATFORD 1010 STRATFORD DES MOINES,IA 50317 WATERLOO,IA 50701 WATERLOO,IA 50701 Copy of the application by BELL,MERLE T BELL,MERLE T certified mail to non-consenting 1644 MERLE RD 1111 BAUCH ST owner and affected public utilities WATERLOO,IA 50703 WATERLOO,IA 50701 SUSAN HEFNER DAN ARENS RANDY BROWN QWEST MIDAMERICAN ENERGY MEDIACOM 2103 UNIVERSITY 260 FAIRVIEW AVE 4040 ALEXANDRA DRIVE DES MOINES,IA 50317 P 0 BOX 600 WATERLOO,IA 50702 WATERLOO,IA 50704 DENNIS CLARK ROD LARSEN UNION PACIFIC RAILROAD COMPANY WATER WORKS IOWA DOT REAL ESTATE DEPARTMENT 325 SYCAMORE ST 1875 W RIDGEWAY AVE ATTN:TONY LOVE,ASST.V.P. WATERLOO,IA 50703 PO BOX 1888 1400 DOUGLAS ST STOP 1690 WATERLOO,IA 50704 OMAHA,NE 68179-1001 GORDON WALDON BRANDON HAMANN MORGAN,PHYLLIS JOAN QWEST QWEST MORGAN,REVA MAY 1010 STRATFORD 1010 STRATFORD 4621 NEWELL ST WATERLOO,IA 50701 WATERLOO,IA 50701 WATERLOO,IA 50703 PARDOE,JAMES H PADDEN,MICHAEL HERTZ FARM MANAGEMENT INC PARDOE,ELEANOR PADDEN,CHRISTIN A ARBUCKLE,JOHN DAVID TRUSTEE 942 BROOK RD 940 BROOK RD 415 S 11TH ST WATERLOO,IA 50703 WATERLOO,IA 50703 PO BOX 500 NEVADA,IA 50201 MUNGER,DOROTHY J MILOTA,THOMAS C MUNGER,TODD RAYMOND MILOTA,THERESA L MUNGER,SCOTT CRAIG ETAL 4545 NEWELL ST 3365 MT VERNON DR WATERLOO,IA 50701 WATERLOO,IA 50703 i \>1 +1 L C O _ Q -0 O L.L 1 11 — rr _ p�! puoua�(ea N — W — I � \ J DE • •• r ii >, W ®® ,.„_, 2 z II IJH iS%1— CD I alite- Ii 'P.. (o �O k. p _ 11 � c7 1 1111616M16.11i16X II \\ ,, -"I I NI I I I 11111 LIL INLI 44 I ..§ _ 0 CI (1) Illit4ILMI I ‹: � � � Airii � �� , 1 ill L Q o o � �i a- O z m V J O i \ , z asJ . _ -- . ',- .. \ .� .111 0 .00 45 o_ . . k ili F 0 , O �p�:un�{:�13N - I. zQi cy) w / I ! /\ Page 1 of 2 NANCY ECKERT To: Chris Wendland Subject: RE: Letter for Required Notice Thanks, Chris. I noticed Aric left Tom Little of the Board of Supervisors off the mailing list, so I'll be sure to send notice to him also. Nancy From: Chris Wendland [mailto:chris.wendland@cbwhlaw.com] Sent: Monday, April 16, 2007 10:30 AM To: NANCY ECKERT Subject: Re: Letter for Required Notice Hi Nancy: The content look okay, from my perspective. The P&Z specialists may have different thoughts. Mailing is as follows, to comply with the annexation statute: 1. Certified mail to non-consenting owners and utilities. They also get a copy of the application that includes a legal description and map. 2. Regular mail to chair of the board of supervisors, utilities, owners within the area, and owners of property adjoining the area. They get the notice of time and place of hearing and legal description of area. There is obviously some overlap between the two groups, but send so that those with overlap get one each way. Seems kind of dumb to send them two sets of documents by different mailing methods, but that is what the statute prescribes, so that is what I recommend be done to reduce litigation risks. Chris Wendland Original Message From: NANCY ECKERT To: ARIC SCHROEDER ; NOEL ANDERSON ; Chris Wendland Sent: Monday, April 16, 2007 10:10 AM Subject: Letter for Required Notice Hi Everyone, Attached is the letter to be sent out tomorrow for the hearings. Please review and feel free to make any changes. Aric, I have all my copies ready that I will be sending out with the letter. Could you stop down to make sure I have included everything, especially for the rezoning. I'm pretty sure I have everything for the annexation. Thanks, Nancy Subject to the requirements of the Iowa Open Records Act, this message and accompanying documents are covered by the Electronic Communications Privacy Act, 18 U.S.C. Subsection 2510- 4/16/2007 NOTICE TO PROPERTY OWNER Request by Elk Run Energy Associates, LLC, on behalf of the property owners, for voluntary annexation of approximately 345 acres and to rezone approximately 260 acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District on property generally located along Merle Road, North of Newell Street, 3/4 of a mile East of N Elk Run Road (East of Elk Run Creek) March 23, 2007 Dear property owner: This letter is being sent to inform you of the request by Elk Run Energy Associates, LLC, on behalf of the property owners, for voluntary annexation of approximately 345 acres and to rezone approximately 260 acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District on property generally located along Merle Road, North of Newell Street, 3/4 of a mile East of N Elk Run Road (East of Elk Run Creek) for the construction of a 750 Megawatt coal-fired electric generation facility. The Planning, Programming & Zoning Commission will review the request at their next meeting. The Commission will make a recommendation regarding the request and the request will be forwarded to the City Council for the final decision. The Planning & Zoning Commission meeting is to be held at 4:00 p.m. Tuesday, April 3, 2007 in the Council Chambers, second floor of City Hall located at 715 Mulberry Street, Waterloo. The City Council, at their public meeting at 5:30 on Monday evenings, will make the final decision. The date for the Council hearing will be set after the Planning Commission meeting. Please contact the Planning and Zoning Department for the date and time of the City Council Hearing. You may appear, if you so desire, either in person, by agent or attorney, in opposition to or in support of this request. The hearing on this proposal is not limited to those receiving copies of this notice. If you know of any neighbor or affected property owners who for any reason have not received a copy, it would be appreciated if you would inform them of this public hearing. If you would like to discuss the matter, or if you should have any questions, please contact us at the Planning and Zoning Department at 715 Mulberry Street or call 291.4366. Sincerely, Aric A. Schroeder, Senior Planner rs.—11ry CITY OF WATERLOO , IOWA .�.. ,.,. WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION �+yam 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 °ler100 AO DONALD J.TEMEYER • Community Planning&Development Director April 10, 2007 Mayor TIMOTHY J. Honorable Tim Hurley, Mayor HURLEYCity Council Members City Hall Waterloo, Iowa COUNCIL MEMBERS Dear Mayor and Council: At the regular April 3, 2007 meeting of the Planning Programming & Zoning REGINALD A. Commission, the request by Elk Run Energy Associates LLC to rezone SCHMITT Ward i approximately 260 acres of land from "A-1"Agricultural District to "M-2,P" Planned Industrial District was reviewed and recommended for approval by a 6-5 vote. CAROLYN Please see the attached maps and legal descriptions. COLE Ward 2 This land is located along Merle Road, north of Newell Street, 3/4 mile east of North Elk Run Road (East of Elk Run Creek). In conjunction with this request, the City will HAROLD annex the area as described, which will include Newell Street, and being categorized GETTY Ward 3 as a "flag pole" annexation. This entire area, within the Waterloo city limits, is shown as Industrial on the Future Land Use Map, part of the City of Waterloo JOHN A. Comprehensive Plan. KINCAID Ward 4 The annexation and rezoning of land would allow for the development of a 750- megawatt coal-fired electric generation facility. Land is automatically zoned "A-1" RON when it is annexed. This will further allow the Cityof Waterloo to work with Elk Run WEEPER ward; Energy Associates LLC, through a development agreement, for the provision of services to the site, including water, wastewater, sewer, road improvements, etc. BOB GREENWOOD There have been several petitions submitted in opposition and letters in favor of the At-Largc request. They are on file in the City Clerk's office for your review. Eluc The PlanningProgramming andZoning Commission recommended approval of the GUNDERSON At-Large request with several conditions in place. Those conditions: 1. The proposed Mitigation Criteria as outlined in the traffic study, Page 16 (enclosed). 2. That the design, construction, and operation of the planned electric generation facility will be in compliance with all federal, state, and local laws, ordinances, and regulations. The facility will be equipped with state-of-the-art air emission control technologies, which will make the Elk Run Energy Station one the cleanest coal plants in the country. 3. That the company continues to further engineer and economically study the use and selection of renewable fuel sources, which may potentially involve switch grass, corn stalks, or waste products from Iowa-based ethanol projects. 4. That the site plan meets the rules and regulations of all applicable local codes and ordinances, including but not limited to drainage, landscaping, etc. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer / 5. That a Development Agreement is approved to address the extension of infrastructure for the project including, but not limited to, wastewater, water, sewer, and Newell Street improvements. Therefore, we request the City Council set a date of public hearing on the rezoning request and publish an official notice pertinent to the requested rezoning. If you have any questions, pleas:. •• not hesitate to contact our office. Sin.- - 44 Ado toe-• /4010 •-rsa.. FIgiry City Planner Attachments Cc: Donald J. Temeyer, Community Planning&Development Director , , , c.„, . . .„,° .....,_, , _ m o a .. ° NEIkRunRd ,- 1 AO-In CD ...-.__. )7,_,,,.;:_.,Kl- door y . D C O°'m a . \ ..13 0) .._ :,, . . , . - . -- 8 =tom :( 1 ��i l! ' V) D •- 4 p n ,r O 3• ° -t -.a. z_n may; ' ` r O m CD' rt s fnOQ -- fn 00 2 a W \y m = -� O � � �� s I. 0 N ^Cn 0Z �� "' p. T °' . Merle Rd a i•-% CO-CI) 4 — O CD o CDC -.. �E X C rr- .r (D CD zx < s C �_ >, r m 70 .. � il, -� 50 f t f Z CD 3 r . _ t.:::: m U CI sv 1. ^` CD Q '--_-:..,• -a ...,._:..�. _. _ N Raymond Rd �., � ._ .w_ ��,mom, ' .-� _ Rezoning—NE area—Elk Run Energy—March 13, 200 REQUEST: THE REQUEST BY ELK RUN ENERGY ASSOCIATES LLC ON BEHALF OF 7 LANDOWNERS FOR THE FOR THE REZONING OF APPROXIMATELY 260 ACRES OF LAND LOCATED ALONG MERLE ROAD, NORTH OF NEWELL STREET, 3/ MILE EAST OF NORTH ELK RUN ROAD (EAST OF ELK RUN CREEK). THIS IS BEING REQUESTED FOR THE PURPOSE OF CONSTRUCTING A 750-MEGAWATT COAL-FIRED ELECTRIC GENERATION FACILITY. APPLICANT: Elk Run Energy Associates, LLC c/o LS Power Development, LLC, 400 Chesterfield Center, Suite 110, St. Louis, Missouri, 63017, on behalf of numerous property owners. LOCATION: The site is approximately 260 acres, east of Elk Run Creek, between the railroad line to Newell Street. The site is part of 494-acres being purchased by Elk Run Energy Associates LLC. Of that total acreage, 345 acres would be annexed, and 260 acres would be rezoned, to allow for a buffer from adjacent properties. ZONING HISTORY: This area would be annexed into the city limits. The City of Waterloo Zoning Ordinance, Part V, 2A-6, notes that all territory, which is annexed into the City of Waterloo, shall automatically be classified as "A-1" Agricultural District, until amended. As part of the unincorporated area, the site is currently zoned "A" Agricultural District. COMPREHENSIVE The City of Waterloo Future Land Use Map does not include this area, as it is PLAN: not currently located within the City of Waterloo Corporate Limits. The Black Hawk County Future Land Use Map designates the area to be annexed as Agricultural. The City of Waterloo Future Land Use Map shows this entire area inside of the city limits as Industrial. SURROUNDING LAND USE: AREA ZONING CLASSIFICATION CURRENT USE North "A" Agricultural District agricultural "A-L" Agricultural Limited quarry use East "A" Agricultural District agricultural "R-S" Residential Suburban residential homes South "A" Agricultural District agricultural West "A" Agricultural District agricultural "M-2,P" Planned Industrial Deere, Tyson, FLOOD Eagle Tannery INFORMATION: There is a small portion of the requested area that is located within a flood hazard area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map 190535 0040. The area for development of the power plant is not located within the flood hazard area. MAJOR STREET PLAN: The area is served by Newell Street, which is classified as a Minor Arterial (in city limits), and by North Elk Run Road to the west, which is classified as a Minor Arterial. North Elk Run Road has access to Highway 20 and 1-380 to the Rezoning—NE area—Elk Run Energy—March 13, 2007 southeast, classified as Principal Arterials. A transportation plan is included, noting street and rail options, and these are summarized in the staff analysis. UTILITY SERVICES: All services will be extended to the site by the applicable companies, including water, sewer, gas, electric, phone, etc. The provision of these services will include: - The construction of a transmission line and switchyard/substation - The piping of natural gas from an existing supply pipeline in the area - Storage tanks for above-ground storage of diesel fuel and gasoline - A system for providing wastewater effluent from the City of Waterloo wastewater treatment plant for the cooling process. A smaller quantity of wastewater will be returned to the Cedar River, with a larger quantity evaporating. The project will require 12 to 15 million gallons per day. - Potable water will be from the Waterloo Water Works. - The provision of rail service for the coal train deliveries. The trains will be approximately 7,750 feet in length (assuming 135 cars and 3 to 4 locomotives, but potentially ranging from 110 to 150 cars). A new single or double rail loop will be built on project site, allowing for unloading on-site. DEVELOPMENT The Growth Area Map of the Comprehensive Plan does not nclude this area, SECTOR as it is not currently located within the City of Waterloo. The adjacent area to ANALYSIS: the west is a Primary Growth Area, scoring 29 out of a possible 31 points on the Land Evaluation Scoring Summary. PROPOSED USE: Elk Run Energy Associates, LLC, an affiliate of LS Power proposes to construct a 750-Megawatt coal-fired electric generation facility. The project would involve rail accessibility and use. STAFF ANALYSIS: The area requested for rezoning is a 260-acre site, outside of the corporate limits, which would be voluntarily annexed into the city limits as a part of the project. With that annexation process, the land is automatically classified as "A-1" Agricultural District. As Elk Run Energy Associates, LLC proposes to construct a 750-Megawatt coal-fired electric generation facility, the rezoning of the land to "M-2,P" Planned Industrial would be necessary. Elk Run Energy Associates is an affiliate of LS Power Development LLC, which was established in 1990, and has developed 10 other Greenfield power sites. This project would involve over $1 billion in investment, and is targeted to begin construction in 2008. The "M-2,P" Planned Industrial Districts permits any uses noted in the "M-2" District, which allows any use whatsoever except 4 listed uses, which list of exclusions does not include a power plant. The required conditions listed in the "M-2" District notes the "best practical means known for the disposal of refuse matter of water carried waste, the abatement of obnoxious or offensive odor, dust, smoke, gas, noise, or similar nuisance shall be employed." Elk Run Energy Associates LLC notes it will be utilizing state-of-the-art technology for its operation. This rezoning process, due to the submittal of the detailed information, will be approving the site plan as shown as a part of the rezoning process. The site plan shows several plant buildings, a tower location, wastewater pond, coal pile, rail line within site, as well as buffering areas, access point off of Newell Street, and some vegetative plantings. The submitted site plan would appear to meet all Required Conditions as stated in Rezoning—NE area—Elk Run Energy—March 13, 2007 the "M-2,P" District regulations, including the indication that the proposed project will "establish performance standards relating to air and water pollution emissions meeting or exceeding standards established by Federal, State, or local pollution control ordinances or laws." The submitted site plan design will incorporate large setback distances from the property line to plant equipment and will utilize natural vegetation screening to create buffer areas to minimize off-site noise from operation of the plant. The plant will further be designed with noise mitigation measures as appropriate to ensure noise levels around rotating equipment and at the project boundary are consistent with OSHA requirements. Audible noise levels at the project boundary are expected to be similar to a quiet face-to-face conversation. The requested "M-2,P" rezoning of the site meets the designation of this general area, inside the city limits, as Industrial on the Future Land Use Map, and is consistent with the planned industrial classification of other adjacent sites, including the Deere and Company, Tyson Foods, Ferguson Enterprises, Warren Transport, the Eagle Tannery, Kinder Morgan Energy, as well as the Northeast Industrial Park further to the west. The rezoning will coincide with the request for annexation. The site plan, as submitted, would appear to meet all local ordinance requirements including setbacks, buffering, etc. and will be required to meet all applicable ordinances and regulations wh ch will follow with further information such as storm water, landscaping, etc. As a part of this process, the applicant has submitted a traffic study performed by Earth Tech, a local transportation consultant. In summary, the study finds that the traffic, both rail and street traffic, will be minor in nature - both during the construction phase and the operational phase. Staff has included some mitigation alternatives in the recommendation. The applicants have further submitted an independent study on property values, to determine the impact of the project upon nearby property values. Utilizing other coal fired power plants and developments near them, the study concluded that based on the trends in the region, locating a power plant does not negatively impact the value of the existing residential property. Staff is aware of many people vocalizing environmental concerns for the project. Staff has pointed out the regulations of the Zoning Ordinance, and does not have authority over other environmental entities, laws etc. We would reiterate the information submitted by the applicant: the design, construction, and operation of the planned electric generation facility will be in compliance with all federal, state, and local laws, ordinances, and regulations. The facility will be equipped with state-of-the-art air emission control technologies, which will make the Elk Run Energy Station one the cleanest coal plants in the country. This compliance shall include meeting or exceeding all air and water pollution permits, standards, and laws. There will be extensive regulatory oversight and evaluation by state and federal authorities including the Iowa Department of Natural Resources (IDNR), Iowa Utilities Board (lUB), US Environmental Protection Agency (EPA), and US Army Corps. of Engineers. The plant will comply with all federal laws including the Clean Air Act, the Clean Water Act, the Historic Preservation Act, and the Threatened and Endangered Species Act. The IDNR permits would ensure that a new emission source does not violate National Ambient Air Quality Standards (NAAQS). Waste streams produce coal combustion by-products and scrubber Rezoning—NE area—Elk Run Energy—March 13, 2007 by-products. These by-products will be transported by truck to local quarries to be used as beneficial fill material. There will be a 450-foot tower above ground level for exhaust gases —cleaned by control technologies. The company will continue to further engineer and economically study the use and selection of renewable fuel sources. It may potentially involve switch grass, corn stalks, or waste products from Iowa-based ethanol projects. As noted previously, the City of Waterloo has previously invested large amounts of infrastructure into the northeast industrial area, including road construction, sewer and water lines. These improvements were constructed in this area for large industrial-type development, and this annexation would appear to meet the goals and policies of the Comprehensive Plan for the use and extension of existing infrastructure and logical expansion of an industrial area. The City of Waterloo City Council is working to set hearing dates for the annexation of property and rezoning of land. The project will also involve the City Council's approval of a Development Agreement between the City of Waterloo and the applicant to delineate the hook-on of infrastructure for sewer, road, water, wastewater, etc. An economic impact study, conducted by the Greater Cedar Valley Alliance, notes the 4-year construction period could sustain directly and indirectly as many as 1,526 jobs in the region (region is the Waterloo/Cedar Falls MSA which is Grundy, Bremer, and Black Hawk Counties), and $271 million in 2006 dollars. The operation after construction is estimated at $25.8 million per year in economic stimulus, and $17.4 million in labor income associated with the plant. In addition, tax payments are estimated at over $2 million per year to local jurisdictions. The Greater Cedar Valley Alliance, and Chamber of Commerce have taken action to endorse the project. There has also been opposition to the proposed project, primarily for environmental reasons, with traffic concerns also noted. Such opposition has previously included a petition to the Board of Supervisors of approximately 680 signatures against the request. Staff estimates this petition contains less than 100 signatures from residents within the Waterloo city limits. Staff would note the City of Waterloo does not have the authority or the technical expertise or staff to properly discern the environmental regulations for which a power plant operates, and would leave those decisions to the appropriate authorities, beginning with the Iowa Utilities Board, and the others previously listed above in relation to the local, state, and federal regulation references. The traffic concerns would be addressed by the provisions of the traffic study, which we have included as conditions of our recommendation below. STAFF RECOMMENDATION: Therefore, staff recommends that this request be approved for the following reasons: 1. The request is in conformance with the goals and policies of the Comprehensive Plan, and would appear compatible to existing businesses and the Future Land Use Map for this area 2. The request would appear beneficial to the continued development of the Northeast Industrial Park area, utilizing infrastructure previously invested into by the City of Waterloo, making this a Smart Growth Project. 3. The request would put more land into the city limits in the Primary Rezoning—NE area—Elk Run Erergy—March 13, 2007 Growth Area. 4. The request is a voluntary annexation. And subject to the following conditions 1. The proposed Mitigation Criteria as outlined in the traffic study, Page 16. 2. That the design, construction, and operation of the planned electric generation facility will be in compliance with all federal, state, and local laws, ordinances, and regulations. The facility will be equipped with state-of-the-art air emission control technologies, which will make the Elk Run Energy Station one the cleanest coal plants in the country. 3. That the company continues to further engineer and economically study the use and selection of renewable fuel sources, which may potentially involve switch grass, corn stalks, or waste products from Iowa-based ethanol projects. 4. That the site plan meets the rules and regulations of all applicable local codes and ordinances, including but not limited to drainage, landscaping, etc. 5. That a Development Agreement is approved to address the extension of infrastructure for the project including, but not limited to, wastewater, water, sewer, and Newell Street improvements. A Forecast of the Impact on Transportation Facilities 115 Elk Run Energy Station 5. PROPOSED MITIGATION The following are recommendations to further mitigate the impacts of additional roadway and rail traffic. Earth Tech recommends the following measures: 1. To the extent possible, construction traffic (trucks)should be routed along Elk Run Road, Martin Luther King Jr.Drive and Donald Street and should not be routed along Newell Street to the west of Elk Run Road or along other residential streets. 2. Trucks hauling CCBs to the South Waterloo Quarry should be routed along Elk Run Road, Dubuque Street, Evansdale Drive, U.S. 20, IA 21 and Eagle Road. The trucks should not use Dysart Road north of the quarry. Additionally, all trucks should be covered or enclosed to prevent the release or spillage of CCB products. 3. An alternative route for empty trucks returning from the quarry would be along Eagle Road, U.S. 218, U.S. 20, Evansdale Drive, Dubuque Street and Elk Run Road. Either this route, or the route described in Item 2, would be suitable for the return route. 4. Incoming coal trains should be routed through Waterloo on one of several alternative routes in a way that does not require stopping and switching of the entire train. 5. If needed, additional railroad track connections should be constructed to eliminate the need for stopping and switching between rail lines. Specifically, these connections may include the following: • If trains are arriving via the IN tracks from the west,a connector would be required to the UP tracks near Martin Luther King Jr. Drive. • If trains are arriving via the CN tracks from the east or west, a new direct spur line to the plant site would be required. • Prior to the construction of any new railroad connections, a more comprehensive engineering and environmental study of the location alternatives and impacts should be conducted. 6. Coal cars should be unloaded in an enclosed facility, limiting the amount of noise and dust from the unloading operation. 7. The timing of outgoing trains should be scheduled to avoid the times of peak travel and school bus schedules in Waterloo. Specifically, outgoing trains should not be scheduled for 6:00 to 8:30 a.m. or 2:15 to 5:30 p.m. This avoids metro rush-hour traffic and major shift changes in the industrial park area. 8. The timing of incoming trains is not easy to control, but attempts should be made to avoid scheduling of incoming trains during peak hours. 9. Newell Street between Elk Run Road and the ERES facility will need to be improved and paved in association with the ERES project. 93760/05.00/Trafc-ElkRunEnergyRpt.doc -16- February 2007 • DESCRIPTION: REZONING A PARCEL OF LAND SITUATED IN PART OF SECTION 14 AND PART OF SECTION 15,TOWNSHIP 89 NORTH,RANGE 12 WEST OF THE 5TH PRINCIPAL MERIDIAN,PART OF MERLE ROAD,AND PART OF THE UNION PACIFIC RAILROAD RIGHT-OF-WAY,ALL IN THE COUNTY OF BLACK HAWK, STATE OF IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 14;THENCE NORTH 00°(DEGREES)01' (MINUTES)46" (SECONDS)WEST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ON THE WEST LINE OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 14,A DISTANCE OF 603.02 FEET TO A POINT ON A LINE THAT IS 260.00 FEET NORTH OF AND PARALLEL WITH THE NORTH LINE OF A PARCEL OF LAND DESCRIBED IN WARRANTY DEED RECORDED IN LAND DEED BOOK 561,PAGE 63,IN THE BLACK HAWK COUNTY RECORDER'S OFFICE,BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;THENCE SOUTH 89°20'35"WEST ON SAID PARALLEL LINE AND ITS WESTERLY EXTENSION,792.02 FEET TO THE NORTHERLY EXTENSION OF A LINE THAT IS 260.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF SAID PARCEL OF LAND DESCRIBED IN SAID WARRANTY DEED;THENCE SOUTH 00°01'46"EAST ON SAID PARALLEL LINE AND ITS NORTHERLY EXTENSION, 310.01 FEET TO A POINT THAT IS 260.00 FEET NORMALLY DISTANT NORTH OF THE PRESENT NORTH RIGHT-OF-WAY LINE OF NEWELL STREET;THENCE SOUTH 89°51'12"WEST,2,925.06 FEET TO A POINT THAT IS 260.00 FEET NORMALLY DISTANT NORTH OF THE PRESENT NORTH RIGHT-OF-WAY LINE OF NEWELL STREET AND 260.00 FEET NORMALLY DISTANT EAST OF THE WEST LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 15;THENCE NORTH 00°10'47"EAST ON A LINE THAT IS 260.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 15,A DISTANCE OF 2,079.11 FEET TO A LINE THAT IS 260.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 15;THENCE NORTH 89°44'27"EAST ON SAID PARALLEL LINE, 887.43 FEET TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD;THENCE NORTH 32°05'37"EAST ON SAID SOUTHEASTERLY RIGHT-OF-WAY LINE,307.78 FEET;THENCE NORTH 89°44'27"EAST ON THE NORTH LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 15,A DISTANCE OF 11.03 FEET TO THE WEST 1/4 CORNER OF SAID SECTION 14;THENCE NORTH 00°11'55"EAST ON THE WEST LINE OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 14,A DISTANCE OF 17.63 FEET TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD;THENCE NORTH 32°05'37"EAST ON SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, 237.33 FEET;THENCE NORTHEASTERLY ON SAID SOUTHEASTERLY RIGHT-OF-WAY LINE BEING A 1,857.62-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 231.94-FOOT LONG CHORD BEARING NORTH 35°40'21"EAST,232.09 FEET(ARC LENGTH)TO A LINE THAT IS 260.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 14;THENCE NORTH 00°11'55"EAST ON SAID PARALLEL LINE,661.38 FEET TO A LINE THAT IS 260.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 14;THENCE NORTH 89°16'57"EAST ON SAID PARALLEL LINE,2,313.28 FEET TO A LINE THAT IS 260.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF A PARCEL OF LAND DESCRIBED IN THE APPLICATION FOR CONDEMNATION,RECORDED IN LAND DEED BOOK 543,PAGE 1, IN THE BLACK HAWK COUNTY RECORDER'S OFFICE;THENCE SOUTH 00°01'39"EAST ON SAID PARALLEL LINE AND ITS SOUTHERLY EXTENSION, 540.02 FEET TO THE WESTERLY EXTENSION OF A LINE THAT IS 260.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID PARCEL OF LAND DESCRIBED IN SAID APPLICATION FOR CONDEMNATION;THENCE NORTH 89°17'36"EAST ON SAID PARALLEL LINE AND ITS WESTERLY AND EASTERLY EXTENSIONS, 1,120.12 FEET TO A LINE THAT IS 260.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14;THENCE SOUTH 00°08'13"EAST ON SAID PARALLEL LINE,529.89 FEET TO THE SOUTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14;THENCE SOUTH 89°21'17"WEST ON SAID SOUTH LINE, 1,051.11 FEET TO THE NORTHEAST CORNER OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 14;THENCE SOUTH 00°01'46" EAST ON THE EAST LINE OF SAID EAST 1/2,A DISTANCE OF 2,046.83 FEET TO THE POINT OF BEGINNING. 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