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Set for Public Hearing - Weber Acres Voluntary Annexation Request_InitiateCity of Dubuque City Council Meeting Copyrighted June 5, 2023 Items to be set for Public Hearing # 06. ITEM TITLE: Set for Public Hearing - Weber Acres Voluntary Annexation Request SUMMARY: City Manager recommending City Council adopt a resolution to set the public hearing on July 5, 2023, for the voluntary annexation request being filed by the City of Dubuque (applicant) in conjunction with the Iowa Department of Transportation (property owners) for approximately 4.56 acres of property which is comprised of public right-of-way and industrially zoned land in Dubuque County. RESOLUTION Setting a public hearing on an application for voluntary annexation of territory to the City of Dubuque, Iowa SUGGESTED Receive and File; Adopt Resolution(s), Set Public Hearing for July 5, DISPOSITION: 2023Suggested Disposition: ATTACHMENTS: Description MVM Memo Staff Memo Resolution Notice of Public Hearing Application Exhibit A -Annexation Map Exhibit B - Vicinity Map Exhibit C - Annexation Legal Type City Manager Memo Staff Memo Resolutions Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation THE C Dubuque DUj!BQTE WAWca 914 Masterpiece on the Mississippi YP pp aoo�•o 13 z0i7*20*�oi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Set for Public Hearing - Weber Acres Voluntary Annexation Request DATE: June 1, 2023 Planning Services Manager Wally Wernimont is recommending City Council adopt a resolution to set the public hearing on July 5, 2023, for the voluntary annexation request being filed by the City of Dubuque (applicant) in conjunction with the Iowa Department of Transportation (property owners) for approximately 4.56 acres of property which is comprised of public right-of-way and industrially zoned land in Dubuque County. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Wally Wernimont, Planning Services Manager THE CITY OF DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Wally Wernimont, Planning Services Manager Dubuque AIIAneNca Ciiy 2007-2012.2013 2017*2019 SUBJECT: Set for Public Hearing - Weber Acres Voluntary Annexation Request DATE: May 31, 2023 INTRODUCTION This memorandum transmits a 100% voluntary annexation request for City Council approval after a public hearing. The request is being filed by the City of Dubuque (applicant) in conjunction with the Iowa Department of Transportation (property owners) for approximately 4.56 acres of property. The resolution, maps, and other supporting documentation are enclosed. 11 6*9111K6*11IQ 01 The City of Dubuque (Engineering Department) is working with the Iowa Department of Transportation (property owners) to conduct this voluntary annexation of approximately 4.56 acres of property. The annexation territory is comprised of public right-of-way and industrially zoned land in Dubuque County. This annexation is: 1) Consistent with the City's Comprehensive Plan; and 2) 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 3) the City of Dubuque has the capacity to provide substantial municipal services to the annexation territory; and 4) the annexation is in the public interest. RECOMMENDATION Staff recommends the City Council approve the resolution to set the public hearing on the voluntary annexation request for July 5, 2023. This date will provide adequate time to complete the notifications, certified mailings, and newspaper publication required by Iowa Code. Enclosures F:\Users\Planning Sec\City Council\00 Voluntary Annexation\Voluntary Annexation - Weber Acres\Set Public Hearing Documents\01 Staff memo to MVM - City of Dubuque - Request Annexation Public Hearing - Weber Acres.docx Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St, Telephone: 589-4210 Return to: Adrienne Bre1elder, City Clerk Address: City_Hall, 50 W. 13th St. Telephone: 589-4121 RESOLUTION NO. 178-23 RESOLUTION SETTING A PUBLIC HEARING ON AN APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City Council of Dubuque has received a written application from the City of Dubuque (applicant) in conjunction with the Iowa Department of Transportation (owner) for the voluntary annexation of 4.56 acres of property. The property is comprised of public right-of-way and industrially zoned land in Dubuque County as shown on Exhibit A and legally described as: ALL OF LOT 2 OF WEBER ACRES IN DUBUQUE COUNTY, IOWA, AS ORIGINALLY PLATTED AND SHOWN ON THE FINAL PLAT OF WEBER ACRES, DUBUQUE COUNTY, IOWA, PER INSTRUMENT NUMBER 11187-00 IN THE DUBUQUE COUNTY RECORDER'S OFFICE, DATED AUGUST 2, 2000, CONTAINING 4,56 ACRES, WHICH INCLUDES 1.34 ACRES OF EXISTING PUBLIC ROAD RIGHT OF WAY. THE INTENT OF THIS DESCRIPTION IS TO INCLUDE ALL OF SAID LOT 2 OF WEBER ACRES AS ORIGINALLY PLATTED, INCLUDING THAT PART OF SAID LOT 2 OF WEBER ACRES INCLUDED IN THE CONDEMNATION DOCUMENT PER INSTRUMENT NUMBER 18684-01 IN THE DUBUQUE COUNTY RECORDER'S OFFICE. Whereas, the annexation territory is not subject to an existing annexation moratorium agreement and does not include any railroad property; and Whereas, the annexation territory does include State owned property; and Resolution No. 178 - 23 Page 2 Whereas, Chapter 368.5 of the Code of Iowa allows the annexation of property owned by the state of Iowa, provided the attorney general is served with notice of the hearing and a copy of the proposal; and Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption of a resolution and required notification; and Whereas, the annexation territory is consistent with the City's 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, the City of Dubuque has the capacity to provide substantial municipal services to the annexation territory; and Whereas, the annexation is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: A public hearing will be held on the 5t" day of July 2023, at 6.30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed annexation, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than fourteen days prior to the date of such hearing. Passed, approved and adopted this 5th day of June 2023. a Cavanagh, Mayor Attest; Adrienne Breitfelder, City Clerk CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of Dubuque, Iowa will hold a public hearing on a voluntary annexation request by: The City of Dubuque (applicant) in conjunction with the Iowa Department of Transportation (property owner) for the voluntary annexation of 4.56 acres of property. The annexation territory is comprised of public right-of-way and industrially zoned land in Dubuque County. The public hearing will be held: DATE: Wednesday, July 5, 2023 TIME: 6:30 p.m. PLACE: City Council Chambers, Historic Federal Building 350 W. 6th Street, Dubuque, Iowa The legal description of the City of Dubuque proposed annexation territory is: ALL OF LOT 2 OF WEBER ACRES IN DUBUQUE COUNTY, IOWA, AS ORIGINALLY PLATTED AND SHOWN ON THE FINAL PLAT OF WEBER ACRES, DUBUQUE COUNTY, IOWA, PER INSTRUMENT NUMBER 11187-00 IN THE DUBUQUE COUNTY RECORDER'S OFFICE, DATED AUGUST 2, 2000, CONTAINING 4.56 ACRES, WHICH INCLUDES 1.34 ACRES OF EXISTING PUBLIC ROAD RIGHT OF WAY. THE INTENT OF THIS DESCRIPTION IS TO INCLUDE ALL OF SAID LOT 2 OF WEBER ACRES AS ORIGINALLY PLATTED, INCLUDING THAT PART OF SAID LOT 2 OF WEBER ACRES INCLUDED IN THE CONDEMNATION DOCUMENT PER INSTRUMENT NUMBER 18684-01 IN THE DUBUQUE COUNTY RECORDER'S OFFICE. At the public hearing, all interested parties may present oral and written comments regarding the proposal. Copies of supporting documents for the public hearing are on file in the City Clerk's Office, 50 w. 13th Street, Dubuque, and may be viewed during normal working hours. The official agenda will be posted the Friday before the meeting and will contain public input options. The City Council agenda can be accessed at https://citVofdubugue.novusagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk cityofdubugue.org. At said time and place of public hearings all interested citizens and parties will be given an opportunity to be heard for or against said proposal. Any visual or hearing -impaired persons needing special assistance or persons with special accessibility needs should contact the City Clerk's Office at (563) 589-4100 or TDD (563) 690-6678 at least 48 hours prior to the meeting. THE C DUUB-*TE Masterpiece on the Mississippi Zoning Advisory Commission ❑ Amended PUD ❑ Rezoning/PUD/ID ❑ Text Amendment ❑ Simple Subdivision ❑ Preliminary Plat ❑ Major Final Plat ❑ Minor Final Plat ❑ Waiver from Site Design Standards Zoning Board of Adiustment ❑ Conditional Use Permit ❑ Special Exception ❑ Variance ❑ Appeal Development Services ❑X Annexation ❑ Limited Setback Waiver ❑ Site Plan Simple ❑ Site Plan Minor ❑ Site Plan Major ❑ Simple Subdivision ❑ Temporary Use Permit ❑ Port of Dubuque/ Chaplain Schmitt Island Design Review City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone: 563-589-4210 Fax: 563-589-4221 plannina@)cityofdubuque.orq Historic Preservation Commission ❑ Demolition Review ❑ Historic Revolving Loan ❑ Certificate of Economic Non -Viability ❑ Design Review Certificate of Appropriateness ❑ Advisory Design Review (Public Projects) ❑ Historic Designation A. Property Information Site Location/Address: Westside Drive, Dubuque, Iowa Legal Description/Parcel ID#/Subdivision: Lot 2 Weber Acres, PIN 200300005029 Existing Zoning: County M2 proposed Zoning: City CS Site Area (square feet/acres): 4.56 acres Historic District: -andmark: ❑ Yes ❑x No B. Describe proposal and reason for application (attach a letter of explanation, if necessary): To annex property into the city of Dubuque as part of the follow-up to the Southwest Arterial to clean the right-of-way and dispose of excess property. C. Applicant/Agent Information Name: City of Dubuque Engineering Department Phone: (563) 589-4270 Address: 50 W 13th St city: Dubuque State: IA Zip: 52001 Email: bschiesl@cityofdubuque.org D. Property Owner(s) Information Name(s): State of Iowa Department of Transportation Phone: (515) 239-1101 Address: 800 Lincoln Way City: Ames State: IA Zip: 50010 Email: Sam Shea sam.shea@iowadot.us E. Certification: I/we, the undersigned, do hereby certify/acknowledge that: 1. Payment does not guarantee approval and fees are nonrefundable; 2. All additional required written and graphic materials are attached; 3. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants; and 4. The information submitted herein is r nd correct t best of my/our knowledge and upon submittal becomes public record. Applicant/Agent: Robert Schiesl j.Date: 5-31-2023 Property owner(s): Sam Shea, Iowa Dept of Transportation Date: FOR OFFICE Fee $ 0 Ck# ❑CC ❑Cash Received by Date lamrz a Exhibit A IFIN __777- Dubuque THE CITY OF 1 \ kv� Ill -America City D_U_ B E 'LifL' 2007-2012.2013 Masterpiece on the Mississippi 2017*2019 Annexation Map 1ki City of Dubuque Weber Acres Annexation Owner: State of Iowa Department of Transportation Acreage: 4.56 Z 2 City of Dubuque limits N A 0 125 250 Feet 500 -7 Dubuque THE CITY OF [ \ kv r RII America City DUB E 1I11I' 2007-2012.2013 Masterpiece on the Mississippi 2017*2019 Vicinity Map City of Dubuque Weber Acres Annexation Owner: State of Iowa Department of Transportation Acreage: 4.56 City of Dubuque limits N A 0 250 500 Feet 1,000 EXHIBIT C The legal description of the proposed annexation territory is: ALL OF LOT 2 OF WEBER ACRES IN DUBUQUE COUNTY, IOWA, AS ORIGINALLY PLATTED AND SHOWN ON THE FINAL PLAT OF WEBER ACRES, DUBUQUE COUNTY, IOWA, PER INSTRUMENT NUMBER 11187-00 IN THE DUBUQUE COUNTY RECORDER'S OFFICE, DATED AUGUST 2, 2000, CONTAINING 4.56 ACRES, WHICH INCLUDES 1.34 ACRES OF EXISTING PUBLIC ROAD RIGHT OF WAY. THE INTENT OF THIS DESCRIPTION IS TO INCLUDE ALL OF SAID LOT 2 OF WEBER ACRES AS ORIGINALLY PLATTED, INCLUDING THAT PART OF SAID LOT 2 OF WEBER ACRES INCLUDED IN THE CONDEMNATION DOCUMENT PER INSTRUMENT NUMBER 18684-01 IN THE DUBUQUE COUNTY RECORDER'S OFFICE.