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Voluntary Annexation - Spiegel Family Realty Company Iowa LLC - Cycle Club Lane Copyrighted August 3, 2020 City of Dubuque Public Hearings # 3. City Council Meeting ITEM TITLE: VoluntaryAnnexation - Spiegel Family Realty Company lowa LLC - I DOT SUM MARY: Proof of publication on notice of public hearing to consider approval of the 100% voluntary annexation request filed by the Spiegel Family Realty Company, LLC for approximately 7.05 acres of property, concurrent with rezoning, located east of Highway 61 and Cycle Club Lane, and the City Manager recommending approval. RESOLUTION Approving an application for VoluntaryAnnexation of Territory to the City of Dubuque, lowa SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Spiegel Family Realty Voluntary Anne�tion-MVM City Manager Memo Memo Staff Memo Staff Memo Application Supporting Documentation E�ibit A Anne�tion Map Supporting Documentation E�ibit B Vicinity Map Supporting Documentation E�ibit C Supporting Documentation Staff Report Supporting Documentation Resolution Resolutions Proof of Publication Supporting Documentation Dubuque THE CITY OF � ui-Aseria cih DuB E , . � . , � II � Maste iece on tj2e Mississi i zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Spiegel Family Realty Company lowa LLC - Voluntary Annexation DATE: July 29, 2020 Planning Services Manager Wally Wernimont recommends City Council approval of a 100% voluntary annexation request filed by Spiegel Family Realty Company lowa LLC for approximately 7.05 acres of property located east of Highway 61 and Cycle Club Lane, concurrent with rezoning. In addition to this parcel, the annexation territory includes a parcel of 0.60 acres owned by the lowa Department of Transportation that needs to be annexed so that it would not be made an island of un-annexed land, in accordance with lowa Code. I concur with the recommendation and respectfully request Mayor and City Council approval. � Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Wally Wernimont, Planning Services Manager Dubuque THE CITY OF � D `J L E All-America CitY � � � r Masterpiece on the Mzsszsszppz � 2007•2012•2013•2017 TO: Michael C. Van Milligen, City Manager FROM: Wally Wernimont, Planning Services Manager SUBJECT: Spiegel Family Realty Company lowa LLC -Voluntary Annexation DATE: July 24, 2020 INTRODUCTION This memorandum transmits a 100% voluntary annexation request for City Council approval after a public hearing. The request is being filed by Spiegel Family Realty Company lowa LLC for approximately 7.05 acres of property which includes an additional 0.60-acre parcel of lowa Department of Transportation property, concurrent with rezoning. The resolution, maps, and other supporting documentation is enclosed. DISCUSSION The City received a written application from Spiegel Family Realty Company lowa LLC for voluntary annexation of approximately 7.05 acres of property. The annexation territory is located east of Cycle Club Lane and Highway 61. The property consists of one platted lot with frontage along Cycle Club Lane (private road). In addition to this parcel, the annexation territory includes a parcel of 0.60 acres owned by the lowa Department of Transportation that needs to be annexed so that it would not be made an island of un-annexed land, in accordance with lowa Code. On July 1, 2020, the Zoning Advisory Commission approved the request of the Spiegel Family Realty Company lowa LLC to rezone the property including the adjacent lowa Department of Transportation property from County R-2 Single-Family Residential to City R-2 Two-Family Residential in conjunction with annexation. By lowa Code, the annexation will be approved upon acknowledgement by the Secretary of State that the legal description, map and resolution have been received. RECOMMENDATION Staff recommends the City Council approve the voluntary annexation request at the August 3, 2020 public hearing. City staff has completed the notifications, certified mailings, and newspaper publication required by lowa Code as well as the rezoning public hearing before the Zoning Advisory Commission. Enclosures F:\Users\Planning Sec\scans\City Council\Voluntary Annexation-Spiegel Family Realty Company lowa LLC-IDOT\Memo MVM- Spiegel Family Realty Company lowa LLC-IDOT annex approval.doc Dubuque TH�CTI'Y OF �" City of Dubuque �H•1�haCny Pianning Services Department DT TR � �� t Dubuque, IA 52001-4845 �,.J L �� Phone: 563-589-4210 zao�•2fl�x•zoi3 Fax; 5b3-589-4Z�1 Masterpiece on the Mississippi 20i7*2019 Qlanr�innCa�cityofdubuq�.org PLANN�NG APPLICATION FORM ❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness ❑Conditional Use Permit ❑Major Final Piat ❑Text Amendment ❑Adv�sory Design Re�iew{Public Projects} ❑Appeal ❑Minor Final Plat ❑Temporary Use Permit ❑Certificate of Eronomic Non-Viability ❑Special Exception ❑Simple 5ite Plan �Annexation ❑Historic Designation ❑Limited Setbacic Waiver ❑Minor Site Plan ❑Historic Revofving Loan ❑Demolition �Rezaning/PU[7/ID ❑Major 5iEe Plan ❑Flistoric Housing Grant ❑Part of Dubuque�Chaplain SchmEtt Tsland Design Review Please tvne or nrint lenibly in ink �� Property owner(s); S.� �'�.,�'-� �"��r•,,j, �e., ��y ��kat.,,, ��:.�.:;�� hone: -�� m��" "7`C�� —r . � r•-r Address: �C;' ��x• •.� C-' ,City: �r�'L-'�� State: �� Zip: � �� Fax#: Cell #: E-mail: ►'�'� Yn C c� �c�;h f�/ �,'i-+�t , Lc'.� Applicant/Agent: M ��. �,�i.,} ��r , 1i'v��,�1-r J •ti rW�*y�,�.:.�phone� � �•.�- J.`7L�_s-f r.1�1 � Address: �-G..I;�:? `-��Y1� �}f/� CRry: I��rkc,r� state; d �E zip: ��.?.�C'3 L Fax#: CeEI #: � �-� � ��rL� `"�if`+ � �-mail: N,_t_e��•. i��vruar`.�„r�� ' c.C'� -S - � ,��.��._ , Sife location/address:��'�r �� *�c.t� G�xy ��. Neighborhood AssociaCiqn: C.u�„f y C;.;�-y Existing zoning: i'2•� Propased zoning:_�-"� District: Landmark: ❑Yes ❑ No Legal Description{Sidwell parcel I�#ar lat number/b�ack number/subdivision): �'��c;t-� 1.1�r� 1 '� ��u �U I �Jv4 L.v t � , .5 �uer c-%ta k�; 6�Iu 'Z Total property(lot)area (square Feet or acres): �.v S �t c N�� Describe proposal and reason necessary{attach a letter of explanation,if needed}: _. � G_l�tv'1 '�'�.��. ci N/1 'r.y�i ?;��v, Gtt1r� ��'�.G'.�.�c� �u . f1 � -- CERTIFICATION; I/we, the undersigned, do hereby certify/acknowledge thak: i.It is the properry owner's respqnsibility to locate praperty lines and to review the abstract for easements and restrictive covenants. �.The information submittecf hereln is true and correct to the best of my/our knowledge and upon submittal becomes put�lic record; 3. Fees are not refundable and payment does not guarantee approval;and 4.All additional required wrikten and graphic materials are attached. ProperCy Dwner{s): Date:�� ?— �/_�c�G�__ ApplicanC/Agent; �� J;�`�� Date: ,.5� - 2-`� � �U FOR OFFIC�USE ONLY—ARPLICATIQN SUBMITTAL CFEECKLIST Fee: Received by: Ddte: DoCket: � �i�iiiu oiiiii iii��i riiii ii�ii iiiii iiui i��ii��ii�iiiii i�ii�ii��i�i�ii�i Doc ID: 008337200007 Type: GEN Kind: SURVEY PLAT Recorded: 10/27J2015 at 11:46:20 AM Fee Amt: $37.00 Pa�e 1 of 7 Dubuque County Iowa John MurphY Recorder File2�1�-4�013819 PREPARED BY� MICHAEL J, WEBER, WEBER SURVEYING, LLC, 26789 46TH AVE, BERNARD, IA 52032 C563) 879-4173 FINAL PLAT of SILVER CJAKS NO. 2 SI]UTHWEST CQRNER L�T in Dubuque COUYIt�/, TOWQ� 1-2, SW-SE, SEC. 23, T.88N. N�RTHWEST CCIRNER L�T 4 R.2E. FOUND A T-BAR LOT 1-2 L�T A �F SILVER OAKS WILDERNEST HEIGNTS ND. W/METAL GAP N�. 9761 SW-SE tPI.AT D❑C. NE}. 2Q15-3342) 2, FQUN� A 1' DIA. PIPE NORTH 1/4 Ci]RNER SEC, 23 S $9'49'1 1�� E 570.�3� � SEC, 26, T,88N, R.2E, F�UND CUT 'X' IN PAVEMENT N�RTH LINE OF SECTION 26, T.88N. R,2E. S 89'49'11" E 1�3.92' (S 89'25'26" E 103.83') d 4� NaTE� SILVER OAKS N0, 2 Is a subdlvislon of the North 1010 pQ LOT 1 LgT 4 feet, except the East 660 � SI�.VER OAKS NO. 2 0' l00' 200' feet thereof, of the NW 2 �� - �i AREA=7,Q5 AC � 1/4 of the NE I/4 of �r� Z� Sectlon 26, T,88N R.2E, of �'a � ,�,�•,�. �,i" the 5th P,M, of Dubuque � � ,��'�Z�' a, =a SCALE IN FEET County, iowa, excluding that �, ��•Q ��,�'�'0 04 � W N SCALE� 1' = 200' part thereof conveyed to c� �- �`�'�,0�,,��,�-�.� ao =Z the State of Iowa by � � ��,��ti��'�10'�' � ;� Warranty Deed for hlghway m�� o��'�QP�o4��.s Z� �A purposes recorded in Book ,., a�. �a 4��O� ��,Qe o o Q� of Lands No, 57 Pages 499 �,�`�b�p� 2�''�`Z'4r,'��QJ Qo �a & 500 and as shown on the �,o.� ��'�.�0 P� �� 3� LEGEND Plat thereof, �I'1 BOOk Of �,�.�,��Jq��tiC3�� J � PLACED 5/8" DIA STEEL Plats No, 34, Page 335, and ROW LINE PER �a�,y - RER�D WifIRANGE In Instrur�ent NO, 979-1995, wARRANTY DEED �� PLASTIC CAP MARKED Dubuque County Records� D�C, N�, 979-95 G� O j '1dEBER PLS 15084' �p � F�UND 5/8" DIA. RER�D 3 � Q �� W/ALUM IDQT CAP UNLESS � "• OTNERWISE NOTED � iy � �+ � � FDUND 1" C1,D. DIA PIPE N❑TES+ � "'� � �` S 89�48'35" E 378.97� + UNLESS OTHERWISE P�TED 1, ALL MEASUREMENTS ARE IN FEET AND W �' 7,15' L�T 6 SURVEYED LINE DECIMALS THEREOF� Z N �3 Ja, LOT Z - -- -EASEMENT LINE 2. PR�PRIETER� SPIEGEL FAMILY REALTY !� N �n Lt]T LFNE C�MPANY IOWA, LLC, P❑ $aX 50, >' n � , M �� SILVER OAKS NO. 2 � > RECORDED DIMENSION PEOSTA, IA 52068 3 `�' :� � � '" AREA=3,0� AC 3. SURVEYED REQUESTED BY� A.J, = O o Q ,,, 1 W P.�.B. P�INT OF BEGINNING ~ � ss.00� AccEss o R�W RIGHT OF WAY SPIEGEL � 2 � N E A S E M E N T :i A C A C R E S 4, T❑TAL AREA SURVEYED IS 10,05 .�,y � P,D,B ACRES. S�UTHWEST GORNER 5, THIS PLAT IS SUBJECT T� RIGHT �F LOT 6 OF WILDERNEST WAY AND EASEMENTS ❑F RECf]RD AND HEIGHTS N0, 2. FIIUND NQT ❑F REC❑RD, d A 1' DIA, PIPE O� �j LINE BEARING DISTANCE �4 �� N $9'4$'35" W 398.38' L1 N 31'01'39" W 58.77' � !2 S 89'49'11" E 103.92' �,�I]T 2, WILDERNEST HEIGHTS CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BFARING DELTA ANGLE SEC. 26, T.88N. R,2E. Ci 606.00' 8.22� 8.22' N 39'15'16 W 0'46'38" �PLAT DOC, N0. 4408-82) F HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT W,4S WEBER SURVEYING, LLC ��\�"��ANDrI��ii� PREPARED AND THE RELATED SURVEY W�RK WAS PERF�RMED BY ME OR z6789 46TH AVE `�� ,,e.e,, �G�i�� UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY BERNARD, IA 52032 � �a• °o ./s i LICENS D LAND SURVE �R UNDER THE LAWS �F TWE STATE OF I�WA, PH� C563) 879-4173 ``"_�� o�`�� J .�,�/ F'AX� C563) 879-4199 z�; MICNAEL J. :�� S w1,7��h 4� L(�I�~ ��e WEBER e�= MICHA L J. WEBER <DAT DRAWN BY� MJW � : 15Q84 � � LICENSE NUMBER 15084 SURVEY DATE� 9/24/15 �//�ee��eseo�� MY LICENSE RENEWAL DATE IS DECEMBER 31� 2015 DWG� iSO3O "''��%%�,,,��°��A„��`'�� S !�- 1�2- S H E E T 1 C1 F 6 SHEETS COVERED BY THIS SEAL � ,��1,UD � .� ArcGIS Web Map ;' � .�j �} '��. ' �,,,;�. �Y �"� ,:4 .:; r � F . "�'<� � ._� � - . �5` �:: . _j _ �." . ��_+ �p �. Q' ,� �� `_ ' � �� g �� y na��. �. � :�.�.. �.�,� :{ 4 .�.} ��.� .. � � �d� � -F-�� F � � � � ,y, p =� � � _� ( (^ ^ � �� : �.r � � �i � �x.��,F"f��+�.l V'7 ��,.�_i ... � , f�l� er 9g ir .•.x;�A` ..�r�."� n , i .�� . . , _ i ? _ ' ( : '` t � � `"�,' .s N . 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I ':a, . . r ♦ � ' • Applicant: 1)Spiegel Family Realty, LLC �� F ;r A•t• " -.� � � , . : ' 2) lowa DOT ' w. .� _ •� � ' _ r,` '. � : . ,. � 1 ;� , Location: Silver Oaks subdivision, .. , .r. ��. • . , : � {+`j • - � � � � �. , �;.:: - East of Highway 61 and Cycle Club Ln � , � I `� M � � � T ;, Proposal: To rezone parcels from County R-2 � I � � ;;',', � Single-Family Residential to City R-2 � � ♦ � C'�-G� ► • •. v. . : � � � � y� Two-Family Residential zoning district �p 4� �� ' ' �'` " concurrent with annexation to the � ■ � � � � � ► �Q.�� . .�� City of Dubuque ♦ Q� � n �r.. st� ,� , \ ' - � �.. �. '•. . r • ' .•.�r+• r�' :� � Subject Properties _ � � p - - �� :� 'r:• � . . �' � ' ♦ ' �� "' , � - i Clty �IIl11tS ' � : � � � ._' �.w � ' / . �' �+ , ..N t' �. ,t '" � •, 2 '� .�.;�, � .��3".- - �� ,y ',� , � _ � �.�. . . . . � - �_ � � js� , _ � s � �� -'y Nn � �j 0 500 1,000 2,000 N �° Y� � __�...� , � Feet � "iC°J �� ' � • . _ �,�, 1:20,000 EXHIBIT C The legal description of the proposed annexation territory is: Lot 1 Silver Oaks No. 2, in Dubuque County, lowa: and Lot 1 of 2 of the Division of Lot 2 of the SW 1/4 of the SE 1/4, Section 23, T88N, R2E of the 5t" P.M., Dubuque County lowa containing 0.60 acres ANNEXATION STAFF REPORT Council Agenda: August 3, 2020 Property Address: Lot 1 Silver Oaks No. 2 Property Owner: Spiegel Family Realty Company lowa, LLC Applicant: Michael J. Weber Proposed Land Use: Residential Proposed Zoning: City R-2 Existing Land Use: Agricultural Existing Zoning: County R-2 Adjacent Land Use: North —Agricultural Adjacent Zoning: North — City R-2 East— Residential East— County R-2 South —Agricultural South — County R-2 West— US Highway 61 West— County R-2 Former Zoning: 1934 — County; 1975 — County 1985 — County Total Area: 7.05 acres Flood Plain: N/A City Services Provided: Water: Water is available along Highway 61 Right-of-Way Sanitary Sewer: Sanitary Sewer is available along Elmwood Dr Right-of-Way Storm Sewer: Storm Sewer is available along Elmwood Dr Right-of-Way Existing Street Access: Highway 61, Cycle Club Lane (private road) Other Services: Police, Fire, and Emergency Response Purpose/Reason for Annexation: The owner desires to hook onto city water and sewer to help facilitate the development of single-family and duplex residential structures and to provide vehicular access to Highway 61. Property History: The subject property has been utilized for agricultural production. The property was platted in September 2015 as part of a residential county subdivision. Physical Characteristics: The subject property is located east of Highway 61 and Cycle Club Lane. The property consists of one platted lot near Cycle Club Lane (private road). Spiegel Family Realty Company lowa, LLC is in the process of applying to rezone the property to City R-2 Two-Family Residential concurrent with annexation. Annexation Staff Report— Spiegel Family Realty Company lowa, LLC Page 2 Imagine Dubuque Comprehensive Plan Recommendations: Multi-Family — Encourage a mix of housing affordable for all segments of Dubuque's populations throughout the community, including options for those who might be saving for their first home. Future Land Use Map — Single-Family Residential. Impact of Request on: Utilities: City water is available to the site along the Highway 61 frontage and there are two hydrants to the north at the City of Dubuque pump station at 8113 Rt 61. The water main is adequate to serve the proposed development. City sanitary sewer service is not currently accessible to the property but would be adequate to meet demand if extended to the property. Traffic Patterns/Counts: There are no traffic counts available for Cycle Club Lane which provides access to the development. This segment of Highway 61 had Average Annual Daily Traffic (AADT) counts of 8,800 vehicles in 2017. The property is adjacent to the Silver Oaks subdivision and owned by the same owner, so indications are that this will become part of the Silver Oaks subdivision as well. Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any adverse impact to the environment provided that any future development of the property is in compliance with established City standards for storm water management and erosion control. Adjacent Properties: The proposed rezoning of the subject parcel to City R-2 Two- Family Residential allows single-family and two-family housing units. The properties to the east are part of a single-family residential subdivision. The properties to the north and south are agricultural, and the property to the north was rezoned to City R-2, annexed to the City, and is part of the Silver Oaks subdivision. The property to the west is Cycle Club Lane and US Highway 61/151 right-of-way. The proposed rezoning should have very little impact on the adjacent uses. CIP Investments: None proposed. Staff Analysis: The City received a written application from Spiegel Family Realty Company lowa LLC for voluntary annexation of approximately 7.05 acres of property. The annexation territory is located east of Cycle Club Lane and Highway 61. The property consists of one platted lot with frontage along Cycle Club Lane (private road). In addition to this parcel, the annexation territory includes a parcel of 0.60 acres owned by the lowa Department of Transportation that needs to be annexed so that it would not Annexation Staff Report— Spiegel Family Realty Company lowa, LLC Page 3 be made an island of un-annexed land, in accordance with lowa Code. The application, a resolution, and other supporting documents are attached. Within the past three years, the City of Dubuque has installed water and sewer service to the airport. These public utilities run along Elmwood Drive to the north and along Highway 61 to the west and can adequately service the site. The applicant has requested rezoning the subject property from County R-2 Residential to City R-2 Two-Family Residential in conjunction with annexation to the City of Dubuque. The rezoning was approved by the City's Zoning Advisory Commission on July 1, 2020. The subject property is part of Area E of the Annexation Analysis. This study provides a cost/benefit analysis of 23 potential growth areas around the city of Dubuque. This annexation is consistent with the Imagine Dubuque Comprehensive Plan. The City of Dubuque has the capacity to provide substantial municipal services to the annexation territory. By lowa Code, annexation will be considered complete upon acknowledgement by the Secretary of State that the legal description, map, and resolution have been received. The City of Dubuque's analysis of the proposed annexation territory is consistent with the following: Imagine Dubuque Comprehensive Plan Recommendations: Land Use — Multi-Family— Encourage a mix of housing affordable for all segments of Dubuque's populations throughout the community, including options for those who might be saving for their first home. lowa Smart Planning Principles 6. Housing Diversity — Strategy 6.1 Encourage mixed use developments. Mixed use developments are designed to allow for a range of housing. Mixed use zoning can help promote and direct flexible housing diversity. Staff recommends City Council approval of the voluntary annexation request. .�; ��-� + Prepared by: ��;:� �;'t�� Reviewed: Date: June 24, 2020 :, � � � �� STATE OF IOWA SS: DUBUQUE COUNTY ; , CERTIFICATE OF PUBLICATION � il � i , I, Kathy Goetzinger, a Billing Clerk for Woodward � Communications, Inc., an Iowa corporation, publisher � of the Telegraph Herald, a newspaper of general ii circulation published in the City of Dubuque, County I; of Dubuque and State of Iowa; hereby certify that the III attached notice was published in said newspaper on the , � following dates: 07/10/2020 i� ;'. and for which the charge is 40.74 'i ��,i i 'i Subscribed to fore me, a Notary blic in and for � Dubuque County, Iowa, , i this 10th day of July, 2020 �� ,; Notary u lic in and for Dubuque Co ty, Iowa. I� ;I ;� �.�4....�. CI �,"..*,, JAWET K. PAh'E ' _ 'e�'-�4'�'' = Co�nmm�iesic�Nur�b�t 199�BS9 � ��-� �l�Camm.E.xp.DEC ti,2tk22 !� _�,• i� , �r ;i I) � � � � � � � tl � 3 � ( �f . 4 Ad text : 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 Spiegel Family Realty, LLC for the voluntary � annexation of 7.05 acres of property which includes an ! additiona10.60-acre parcel of Iowa Department of Transportation property located immediately to the north. I These parcels are located east of Highway 61 and Cycle Club 'I Lane. 'I The public hearing will be held: � � DATE: Monday, August 3, 2020 ' TIME: 6:30 p.m. PLACE: Please join the meeting from a computer, tablet or smartphone. https://global.gotomeeting.com/j oin/732084405 You can also dial in using your phone. . (For supported devices, tap a one-touch number below to join instantly.) United States(Toll Free): 1 866 899 4679 -One-touch: tel:+18668994679„732084405# United States: + 1 (646) 749-3117 - One-touch: tel:+16467493117„732084405# - - Access Code: 732-084-405 If you are new to GoToMeeting, please visit: https://global.gotomeeting.com/instal]/732084405 Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through GoToMeeting. The official agenda will . be posted on July 17, 2020 and will contain location, listening, viewing, and public input options. The City Council agenda can be accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ The legal description of the Spiegel Family Realty, LLC proposed annexation territory is: Lot 1 Silver Oaks No. 2, in Dubuque County, Iowa: and Lot 1 of 2 of the Division of Lot 2 of the SW 1/4 of the SE 1/4, Section 23, T88N, R2E of the Sth P.M., Dubuque County �- Iowa containing 0.60 acres , � At the meeting, the City Council will receive aral and written comments from any resident or property owner of said City to the above action. Written comments regarding the above public hearing may be submitted to the City Clerk's Office, City Hall, 50 W. 13th Street, on or before said time of public hearing, or through ctyclerk@cityofdubuque.arg. 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. Individuals with limited English proficiency, vision, hearing or speech impairments requiring special assistance should contact the City Clerks Office at (563) 589-4100, TDD . (563) 690-6678, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard-of-hearing individuals can use Relay Iowa by dialing 711 or(800)735-2942. Kevin 5. Firnstahl, CMC City Clerk lt 7/10 OY u 0 tl tl V u Doc ID 010574840006 Type GEN Kind: ANNEXATION Recorded: 09/18/2020 at 03:45:46 PM Fee Amt: $32.00 Page 1 of 6 Dubuque County Iowa John Murphy Recorder Fi1e2020-40014179 RECORDER'S COVER SHEET FOR CITY OF DUBUQUE Voluntary Annexation into the City of Dubuque Spiegel Family Realty Company Iowa, LLC Preparer Information: Prepared by Wally Wernimont, City of Dubuque Planning Services, 50 W. 13th Street, Dubuque, IA 52001, 563-589-4210 Taxpayer Information: Spiegel Family Realty Company, Inc. PO Box 50 Peosta, IA 52068 563-556-7494 Return Document To: Kevin S. Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001 563-589-4100 Legal Description: Lot 1 Silver Oaks No. 2, in Dubuque County, Iowa: and Lot 1 of 2 of the Division of Lot 2 of the SW 1/4 of the SE 1/4, Section 23, T88N, R2E of the 5th P.M., Dubuque County Iowa containing 0.60 acres; and Grantors: Grantees: City of Dubuque, Iowa 50 W. 13th Street Dubuque, IA 52001 Spiegel Family Realty Company, Inc. PO Box 50 Peosta, IA 52068 Previously recorded documents: Final Plat of Silver Oaks No. 2, File 2015-00013819 32°° i�y Planrl i V19 Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall, 50 W. 13th St. Telephone: 589-4121 RESOLUTION NO. 239-20 RESOLUTION APPROVING 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 Spiegel Family Realty Company Iowa, LLC for the voluntary annexation of 7.05 acres of property which includes an additional 0.60-acre parcel of Iowa Department of Transportation property located immediately to the north. These parcels are located east of Highway 61 and Cycle Club Lane as shown on Exhibit A and legally described as: Lot 1 Silver Oaks No. 2, in Dubuque County, Iowa: and Lot 1 of 2 of the Division of Lot 2 of the SW 1/4 of the SE 1/4, Section 23, T88N, R2E of the 5th P.M., Dubuque County Iowa containing 0.60 acres; and 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 to avoid creation of an island; 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: Section 1. That the application for the voluntary annexation of property owned by Spiegel Family Realty Company Iowa, LLC consisting of 7.05 acres and includes an additional 0.60-acre parcel of Iowa Department of Transportation to avoid a creation of an island and has connection to the city of Dubuque as shown on Exhibit A and legally described as: Lot 1 Silver Oaks No. 2, in Dubuque County, Iowa: and Resolution No. 239-20 Page 2 Lot 1 of 2 of the Division of Lot 2 of the SW 1/4 of the SE 1 /4, Section 23, T88N, R2E of the 5th P.M., Dubuque County Iowa containing 0.60 acres; is hereby approved for annexation to the City of Dubuque. Section 2. That subject to the acknowledgement by the Secretary of State that the legal description, map and resolution have been received, the corporate limits of the City of Dubuque be and they hereby extended to include the 7.65 acres of property as shown on Exhibit A. Section 3. That the City Council does hereby certify that the City of Dubuque has complied with the notice and hearing requirements of the Iowa Code pertaining to 100% voluntary annexation of territory not in urbanized area of another city. Section 4. That the territory hereby annexed shall become a part of Ward One of the City of Dubuque. Section 5. That the City Clerk shall file this resolution, all exhibits and the applications for voluntary annexation with the Secretary of State in accordance with the provisions of Chapter 368 of the Iowa Code. Passed, approved and adopted this 3rd day of August 2020. Attest: / Key/di S. Firnstahl, City Clerk F:\Users\Planning Sec\scans\City Council\Voluntary Annexation - Speigel Family Realty Company Iowa LLC - IDOT\Resolution - Spiegel Family Realty Company Iowa LLC - IDOT annexation 2020.doo ,0 im Roy D. Buol, Mayor Dubuque THE CITY OF �+ us NwY�5� �� All-Ameriea City Exhibit A ��°° � �UB E '�� '�► � � k." 2007+2012�2013 5,�� Masterpiece on the Mississippi zoi�*zoi9 �ROAkS�R Vicinit Ma METCALF LN � � �\ r�q \�� O� \ �o `\ > � �U' � � �' �� 2, r—` `�� r ��Q,' --� L_ �P�ZE� z \\1 � �� I � aseuRVRo r-1 �, � �� `� �`IJ / �'-- I �I ��I 1 � 1 ��.� I I DODGEST ' � —4l` �� i L� `Ir.--'Y�— 1 I '� 1 �� .�t_f�� f—� \ 2 �/ I I t�� Y� c�� j ��"rJ ��ti�� -- r� _l`�L i� i i—� — -�� l' — e � I /� City of Dubuque '� SILVER OAKS CT Owner: Spiegel Family Realty � Company lowa LLC � Description: Lot 1 Silver Oaks No. 2 � Acreage: 7.05 Owner: State of lowa DOT Description: Lot 1 of 2 of the Division of Lot 2 of the SW 1/4 of the SE 1/4, Section 23, T88N, IDOT, 1523451002 ' R2E of the 5th P.M., Spiegel, 1526201009 Dubuque County lowa / Acreage: 0.60 � , N -- — � City Limits � Annexation Boundary � Parcels 1:6,000 _ � � DISCLAIMER:This information was compiled using the �P Dubuque Area Geographic Information System(DAGIS),which �� includes data created by both the City of Dubuque and �� Dubuque County. It is understood that,while the City of .. �Q Dubuque and participating agencies utilized the most current � � and accurate information available,DAGIS and its suppliers do n not warrant the accurecy or currency of the information or data %� m � � � contained herein. The City and participating agencies shall not �/ n be held liable for any direct,indirect,incidental,consequential, P250 500 .1,000 rG punitive,or special damages,whether foreseeable or r � � � unforeseeable,arising out of the authorized or unauthorized Feet Z i use of this data or the inability to use this data or out of any � breach of warranty whatsoever. STATE OF IOWA CERTIFICATE of the CITY CLERK ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 239-20 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 17th day of September, 2020. Kev,'r S. Firnstahl, CMC, ity Clerk PAUL D. PATE SECRETARY OF STATE September 4, 2020 Kevin Firnstahl City of Dubuque 50 W 13th St Dubuque, IA 52001 Re: Res 239-20 & 240-20 Dear Mr. Firnstahl, LUCAS BUILDING DES MOINES, IOWA 50319 0 to N) rn CO w 0 r You are hereby notified that the resolutions, plat maps, and legal descriptions pertaining to the voluntary annexations of territory to Dubuque, which were approved by the city August 3rd, 2020 have been received and filed by this office as required by Iowa Code section § 368.7. You may consider these annexations filed. In accordance with § 368.1(15) and § 368.7A the territories extend to the center line of all secondary roads adjacent to the above described properties. Iowa Code 312.3(4) requires the mayor and city council to certify the population of any annexed territory, as determined by the last certified federal census, to the treasurer of state in order for apportionment of street construction funds to be adjusted. Please review your city's precinct ordinance (if any) and confer with your county auditor to ensure these territories are assigned to the correct election precinct and/or ward (if any). If you have questions or concerns about this communication, please let me know. Sincerely, Melanie Shellenberger Iowa Secretary of State's Office 321 E. 12th St. Des Moines, IA 50315 Melanie.Shellenberger@sos.iowa.gov Cc: Annexations, Iowa Department of Transportation Matt Rasmussen, City Development Board Administrator Phone 515-281-5204 Fax 515-242-595 sos@sos.iowa.gov sos.iowa.gov iowa.gov Service People Integrity Responsibility Innovation Teamwork Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org Via EMAIL: mjweber1@bernardtel.com and mmcclain@mitm.com July 29, 2020 Mike Weber Weber Surveying, LLC 26789 46th Ave. Bernard, IA 52032 RE: City Council Public Hearing – Rezoning Request Dear Mike: The City Council will consider your request to rezone property located East of Hwy. 61 and Cycle Club Lane at a public hearing on Monday, August 3, 2020 beginning at 6:30 p.m. Due to social distancing guidelines related to the COVID-19 pandemic, City Council members and City staff will participate by webinar and will not meet in person. The City Council meeting will be conducted as a virtual meeting. The virtual meeting will be aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2), streamed live and archived on the city’s website at www.cityofdubuque.org/media, and streamed live on the City’s Facebook page at www.facebook.com/cityofdubuque. Please attend the meeting virtually or have a representative available to present your request and answer questions. Here is the log in information for the meeting. Dubuque City Council Meeting Mon, Aug. 3, 2020 6:30 PM - 9:30 PM (CDT) Please join the meeting from your computer, tablet or smartphone. https://global.gotomeeting.com/join/732084405 You can also dial in using your phone. (For supported devices, tap a one-touch number below to join instantly.) United States (Toll Free): 1 866 899 4679 - One-touch: tel:+18668994679,,732084405# United States: +1 (646) 749-3117 - One-touch: tel:+16467493117,,732084405# Access Code: 732-084-405 Page 2 Service People Integrity Responsibility Innovation Teamwork New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/install/732084405 Please contact the Planning Services Department at (563) 589-4210 if you need more information or have any questions. Sincerely, Wally Wernimont Planning Services Manager Enclosures cc: Spiegel Family Realty Company Iowa, LLC., P.O. Box 50, Peosta, IA 52068 Kevin Firnstahl, City Clerk