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Set for Public Hearing - Butler Children's Garden Voluntary Annexation Request_InitiateCity of Dubuque City Council Meeting Copyrighted July 17, 2023 Items to be set for Public Hearing # 04. ITEM TITLE: Set for Public Hearing - Butler Children's Garden Voluntary Annexation Request SUMMARY: City Manager recommending City Council approve the resolution to set the public hearing on the voluntary annexation request filed by the Butler Children's Garden Foundation, Inc. (applicant and property owner) for approximately 18.717 acres of property for August 21, 2023. 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 August DISPOSITION: 21, 2023Suggested Disposition: ATTACHMENTS: Description Type MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Application Exhibit A - Annexation Map Exhibit B - Vicinity Map Exhibit C - Annexation Legal Notice of Public Hearing Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation THE CITY OF Dubuque DUB TEE1. All -America City Masterpiece on the Mississippi � pp zoo�•*o 13 zoi720zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Set for Public Hearing - Butler Children's Garden Voluntary Annexation Request DATE: July 11, 2023 Planning Services Wally Wernimont is recommending City Council approve the resolution to set the public hearing on the voluntary annexation request filed by the Butler Children's Garden Foundation, Inc. (applicant and property owner) for approximately 18.717 acres of property for August 21, 2023. This date will provide adequate time to complete the notifications, certified mailings, and newspaper publication required by Iowa Code. The resolution, maps, and other supporting documentation are enclosed. I concur with the recommendation and respectfully request Mayor and City Council approval. k�4 Mic ael C. Van Milligen MCVM:sv Attachment CC' Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Wally Wernimont, Planning Services Manager THE C DUUB%TE Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Wally Wernimont, Planning Services Manager Dubuque AII•Anterica Cipl 2007-2012.2013 2017*2019 SUBJECT: Set for Public Hearing - Butler Children's Garden Voluntary Annexation Request DATE: July 10, 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 Butler Children's Garden Foundation, Inc. (applicant and property owner) for approximately 18.717 acres of property. The resolution, maps, and other supporting documentation are enclosed. DISCUSSION The Butler Children's Garden Foundation, Inc. (applicant and property owner) is working to conduct this voluntary annexation of approximately 18.717 acres of property. The annexation territory is comprised of undeveloped forest land just north of the Dubuque Arboretum 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 August 21, 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 - Butler Children's Garden\01 Staff memo to MVM - City of Dubuque - Request Annexation Public Hearing - Butler Children's Garden.docx Prepared by: Wally Wernimont, City Planner Address: City Halt, 50 W. 13th St, Telephone: 589-4210 Return to: Adrienne Breitfelder, City Clerk Address: City Hall, 50 W. 13th St. Telephone: 589-4121 RESOLUTION NO. 232-23 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 Butler Children's Garden Foundation, Inc. (applicant and property owner) forthe voluntary annexation of 18.717 acres of property. The property is comprised of undeveloped forest land just north of the Dubuque Arboretum in Dubuque County as shown on Exhibit A and legally described as: ALL OF LOT 2 OF Y-CAMP PLACE NO. 3 IN DUBUQUE COUNTY, IOWA, CONTAINING 18.717 ACRES. Whereas, the annexation territory is not subject to an existing annexation moratorium agreement; and Whereas, the annexation territory does not include state-owned property, county - owned road right-of-way, or any railroad 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 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 Resolution No. 232 - 23 Page 2 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 2V day of August 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 17kh day of July 2023. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder,`City Clerk it IF CITY OF DUB F Mt1Sft'1p1Vt'e uu flit, Mississippi City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone:563-589-4210 Fax: 563-589-4221 akftuin00�Kyofdubuque orc APPLICATION FORM Zoning Advisory ZonlingBoard of �velopment Services Historic Preservation -Commission Commission Adjustment ❑X Annexation ❑ Demolition Review ❑ Amended PUD ❑ Conditional use Permit ❑ Limited Setback Waiver ❑ Historic Revolving Loan ❑ Rezoning/PUD/ID ❑ Special Exception ❑ Site Plan Simple ❑ Certificate of Economic Non -Viability ❑ Text Amendment ❑ Variance ❑ Site Plan Minor ❑ Design Review Certificate of ❑ Simple Subdivision ❑ Appeal ❑ Site Plan Major Appropriateness ❑ Preliminary Plat ❑ Simple Subdivision ❑ Advisory Design Review (Public ❑ Major Final Plat ❑ Temporary use Permit Projects) ❑ Minor Final Plat ❑ Port of Dubuque/ ❑ Historic Designation ❑ Waiver from Site Chaplain Schmitt Island Design Standards Design Review completePlease .. .. A. property Information Site Location/Address: Y Camp, north of Dubuque Arboretum Legal Description/Parcel ID#,(Subdivision: Lot 2 Y Camp Place No. 3 Existing Zoning: Al Proposed Zoninq: AG Historic District: NIA Site Area (square feet/acres): 18.7 acres -andmark: ❑ Yes ® No B. Describe proposal and reason for application (attach a letter of explanation, if necessary): Annex the property into the city of Dubuque for development of the Butler Children's Garden. C. Applicant/Agent Information Name: Address: State: Zip: Email: D. Property Owner(s) Information Name(s): Butler Children's Garden Foundation, Inc Address: 898 Mount Carmel Rd State: IA Zip:52003 Email: Phone: City: Phone: City, Dubuque E. Certification: 1/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 true and correct to the best of my/our knowledge and upon submittal becomes public record. Applicant/Agent: Date: Property ❑wnerts}: _� Cr,L • Dater Authorized to sign on behalf of Butler Children's Garden Foundation, Inc. FOR OFFICE USE ONLY Fee $None Ck#. [:]CC ❑Cash Received by _ Date 1 33.00'(33.00') �l I �I I I l O — 3 in I �W-M LOT 10 OF FOREST I j, O) 00 00 GRANGE SUBDIVISION I i- 0 00 I v 11d� I Ln FOREST 'Ono NLn MEADOW I Z j ;— Plat of Survey of: Y—CAMP PLACE NO. 39 in Dubuque County, Iowa LOT 8 OF FOREST GRANGE SUBDIVISION N 88'24'45' E Z 288.99'(289.03') 33.00' J o (33.00') / V QI o V/ i 24.60' —F — — — Z-(24.67') -- ROW - - — — N 54'50'53' W 57.60'(57.67') EXISTING 10, WIDE UTILITY EASEMENT EXISTING UTILITY & PRIVATE ROADWAY EASEMENT (66' WIDE) &0 OD 0 00 LOT 18 OF FOREST GRANGE SUBDIVISION i N N 0 z W "I o S 87'59'12" W 24.39' J LAT z LOT 1-9 9 OF A 9 OF o OFOTS FOSUBDIVISION vW 7.37' _g OF Rfig OF LOT LOTS AGRANGE 0 FOSUBDIVIS[ON z LOT 1 Z' TA=5.018 ACRES (218,584 SF) RA=0.161 ACRES ( 7,005 SF) NA=4.857 ACRES (211,579 SF) z EXISTING R.O.W. PER DOC. g106D6-93 — ------------ -- 5/8" IRON ROD 26.48 EXISTING 50' W/ORANGE CAP RECREATIONAL EASEMENT #15084 —V—V—V--X— — LOT 13 BLOCK 7 OF ARBOR ESTATES S 88'55'53' W 225.28'(225.50') LOT 12 BLOCK 7 OF ARBOR ESTATES NW CORNER OF SWI/4 SW1/4 SECTION 10, T89N, R2E FOUND 5/5-IRON ROD W/YELLOW CAP k4016 I x1 5/8' IRON x ROD I xI if i P F F LOT 1 x I xltV'� WATERWAY Y / 1� II x xI I 11 I 7.37' INDEX LEGEND Location: Y-Camp Place No. 3 SW1/4 of Section 10 & SE1/4 of Section 9, both of T89N, R2E of the 5th P.M., Dubuque County, Iowa Requestor: Andrew Butler Proprietor of: Lot 1-2 & 2-2 of Y-Camp Place No. 2, in Dubuque County, Iowa Tha Butler Children's Garden Foundation, Inc - 898 Mount Carmel Rd., Dubuque, IA 52003 Proprietor of: Lot 1-9 & 2-9 of Replat of Lots A & 9 of Forest Grange Subdivision, in Dubuque County, Iowa Daryl E. & Roben M. Bee - 12173 Forest Meadow, Dubuque, IA 52001 Surveyor: Terry L. Koelker Company: Bues.ng & Associates, Inc. 1212 Locust St., Dubuque, IA 52001 Retum To: tlkoelker@buesing.com (563) 556-4389 LOT 1 Y-CAMP PLACE NO. 2 Doc ID: 011112850008 Type: GEN Kind: SURVEY PLAT Recorded: 06/21/2023 at 12:35:52 PM Fee Amt: $42.00 Pape i of 8 Dubuque County Iowa Karol Kennedy Recorder File2023-000051 / PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET, DUBUQUE, IOWA PHONE: (563) 556-4389 LEGEND • FOUND 1" IRON PIPE (UNLESS OTHERWISE NOTED) N 88'27'30" E 1281.42' . FOUND 5/8" IRON ROD W/ORANGE CAP /15487 z ® FOUND 5/8" IRON ROD W/RED CAP #12631 1264.75' ® FOUND 5/8- IRON ROD W/YELLOW CAP #4850 o_ FOUND 5/8- IRON ROD W/YELLOW CAP #4016 6 QO FOUND MAGNAIL IN ACC O PLACED 5/8- IRON REROD W/ORANGE 'KOELKER PLASTIC CAP MARKED 15487" 3 SURVEYED BOUNDARY LINE rn ROW PROPERTY LINE — — — — RIGHT OF WAY LINE SF SQUARE FEET z TA TOTAL AREA o RA RIGHT OF WAY AREA N NA NET AREA { ) RECORD DIMENSION —TOB—TDB— EXISTING TOP OF BANK (3-1-2023) N —X—X—X— EXISTING FENCE/REMNANTS (3-1-2023) LOT 2 N R.O.W. RIGHT OF WAY OFNY-ZA�IP 18.717 ACRES 1_2 LOT PLACE (815,298 SF) rn W 0 NE COR. OF SW1/4, SW1/4 SEC. 10, T89N, R2E FOUND MAG NAIL IN ACC 1283.34' o NW1/4 OF SE1/4, S 88'27'30" W 12SO.71' SW1/4 SEC. 10. T89N, R2E S 88'27'30" W 1317.19' 0' 75' 150' 300' SCALE: 1" = 150' SW1/4, SW1/4 SEC. 10, T89N, R2E NOTES 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. TOTAL AREA OF PERIMETER SURVEYED IS 23.735 ACRES (1,033,882 SF). 3. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. 1 C1 — A pUIW`IIANDb I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS U ESI PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME N G IL 37*14'23` 37'O6'SS" �� S' i Gj; ••'•••••''•GP OR UNDER MY DIRECT P RSON AL SUPERVISION AND THAT I AM A DULY ASSOCIATES INC. ENGINEERS AND SURVEYORS RADIUS ARC 66.00' 42,90' RADIUS ARC 99.00' 64.13' �• L ' = J TERRY L ;�� D AND U Y UNDER THE LAWS OF PE STA OF IOWA. 1272 LOCUST ST. OUSUOUE. !A ��� TANGENT 22.24' TANGENT 33.24' �; KOELKER ' o e -� >' (563) 556-4389 CHORD BEARING 42.15' CHORD 63.02' _ 3 15487 a TERRY L LICENSE NUMBER 15487 LKER (DATE) DRAWN BY: JCH & JJL CHECKED BY: TLK N16'54'21'E BEARING S16'50'37`W ��•••• SURVEY DATE: 3/01 /23 PLOT DATE: 3/13/2: •�'�\ //////���III! MY WAL DATE IS 31. DWG. N0. 22143-02 SCALE: 1" = 150' Owl, SHEETSNSE COVERED BY THIS SEALDECEMBER SHEET521 & 2 SHEET 1 OF 4 ON -PARK LNG ri KENNED D 4R ROBftHO ODJDR &DEER -VALLEY_TRAIL- id 4 . . . ....... A-V i-4 ARROW%N z 0 1A OIL Jp 001i m6pl' 51 F BITTERSWEE iLNAt- V A x Exhibit B Butler Children's C Annexation-,,-,,,•. I ; y F We , a 1 a :fie e Vti r bA �.♦ �+ 12 ° . Butler y E---Children's -- Garden-;� N City Limits t ----- Miles - - - -, DUBUQUE 0 1 2 4 i EXHIBIT C The legal description of the proposed annexation territory is: ALL OF LOT 2 OF Y-CAMP PLACE NO. 3 IN DUBUQUE COUNTY, IOWA, CONTAINING 18.717 ACRES. 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: Butler Children's Garden Foundation, Inc. (applicant and property owner) for the voluntary annexation of 18.717 acres of property. The annexation territory is comprised of undeveloped forest land just north of the Dubuque Arboretum in Dubuque County. The public hearing will be held: DATE: Monday, August 21, 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 Y-CAMP PLACE NO. 3 IN DUBUQUE COUNTY, IOWA, CONTAINING 18.717 ACRES. 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. 13t" 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://cityofdubugue.novusagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk(a-)_cityofdubug ue.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.