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River City Development Group, LLC Voluntary Annexation Request_InitiateCity of Dubuque City Council Meeting Copyrighted October 4, 2021 Items to be set for Public Hearing # 3. ITEM TITLE: Set for Public Hearing - River City Development Group, LLC Voluntary Annexation Request SUMMARY: City Manager recommending the City Council set a public hearing for November 1, 2021, on the 100% voluntary annexation request filed by River City Development Group, LLC for approximately 156.25 acres of property. 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 November DISPOSITION: 1, 2021 Suggested Disposition: ATTACHMENTS: Description Type River City Development Voluntary Annexation-MVM City Manager Memo Memo Staff Memo Resolution Application Annexation Map Vicinity Map Annexation Legal Notice of Public Hearing Staff Memo Resolutions Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation THE CITY OF Dubuque DUB TEE 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 - River City Development Group, LLC Voluntary Annexation Request DATE: September 27, 2021 Planning Services Manager Wally Wernimont recommends the City Council set a public hearing for November 1, 2021, on the 100% voluntary annexation request filed by River City Development Group, LLC for approximately 156.25 acres of property. The annexation territory is located west of the Southwest Arterial and north of Tamarack Business Park. The 156.25-acre annexation territory would be connected to the corporate limits of Dubuque by Southwest Arterial right of way. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Wally Wernimont, Planning Services Manager THE CITY OF DUB 0 r Masterpiece on the Mississippi MEMORANDUM TO: Michael C. Van Milligen, City Manager FROM: Wally Wernimont, Planning Services Manager SUBJECT: Set for Public Hearing — River City Development Group, LLC Voluntary Annexation Request DATE: September 16, 2021 INTRODUCTION Dubuque Ali•Aieerica City k. k . I i 1 If 2007-2012.2013 2017*2019 This memorandum transmits a 100% voluntary annexation request for City Council to set for public hearing. The request is being filed by the River City Development Group, LLC for approximately 156.25 acres of property. The resolution, maps, and other supporting documentation are enclosed. DISCUSSION The annexation territory is located west of the Southwest Arterial and north of Tamarack Business Park. The property is farmland and consists of five (5) platted lots. The 156.25-acre annexation territory would be connected to the corporate limits of Dubuque by Southwest Arterial right of way. By Iowa 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 resolution to set the public hearing on the voluntary annexation request for November 1, 2021. 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\River City Development Group Voluntary Annexation\01 Memo MVM RCDG annex set hearing October 11, 2020.doc Prepared by: Wally Wernimont, City Planner Address: City Hall, 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. 342-21 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 River City Development Group, LLC for the voluntary annexation of 156.25 acres of property. The property is located west of the Southwest Arterial and north of Tamarack Business Park as shown on Exhibit A and legally described as: Lot 2 of Wertzberger Acres No. 3, in Table Mound Township, Dubuque County, Iowa, according to the recorded Plat thereof; and The Southwest 1/4 of the Northeast 1/4, Lot 1 of the Northwest 1/4 of the Northeast 1/4, Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4, and Lot 2 of the Southeast 1/4 of the Northeast 1/4, in Section 14, Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to United States Government Survey and the recorded Plats thereof, excepting therefrom that land acquired for highway right of way by the Iowa Department of Transportation known as Lot A of Lot 1 of the Northwest 1/4 of the Northeast 1/4 and of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 11.95 acres and as shown and described in the Warranty Deed filed as Instrument Number 2010-00003964 in the Dubuque County Recorder's Office, and excepting therefrom that land acquired for highway right of way by the Iowa Department of Transportation known as Lot B of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 114, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 0.62 acres and as shown and described in the Warranty Deed filed as Instrument Number 2011-00011776 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 not include State owned property; 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 1st day of November, 2021, 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 4th day of October 2021. & Roy D. Buol, Mayor Attest: ALA"41 Adrienne N. Breitfelder, City Clerk Dubuque THE CITY OF� DUB E it l 1.' zuw- 012.2013 2017*2019 Masterpiece on the Mississippi PLANNING APPLICATION FORM []Variance ❑Preliminary Plat []Simple Subdivision ❑Conditional Use Permit ❑Major Final Plat ❑Text Amendment ❑Appeal ❑Minor Final Plat ❑Temporary Use Permit ❑Special Exception ❑Simple Site Plan MAnnexation El Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Rezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone:563-589-4210 Fax: 563-589-4221 olannina(@citvofdubuaue oro ❑Certificate of Appropriateness ❑Advisory Design Review (Public Projects) ❑Certificate of Economic Non -Viability ❑Historic Designation ❑Demolition ❑Port of Dubuque /Chaplain Schmitt Island Design Review Please type or print legibly in ink Property owner(s): River City Development Group LLC Phone: Address:24655 75th Avenue —City: Cascade Fax #: Cell #: E-mail: River City Development Group. LLC, Go Kevin Webber, Its Aulhont ed Representative Applicant/Agent: 15191 Wood Wind Ct Peosta Fax #: Cell #: 702-460-2422 IA 52033 702-460-2422 IA _,__52068 West of SW Arterial and North of Tamarack Business Park Site location/address: Neighborhood Association: NA County R-2/A-1 N/A Existing zoning: Proposed zoning: District: Landmark: El Yes N No Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): See attached legal description & parcel #s Total property (lot) area (square feet or acres): 156.25 Acres Describe proposal and reason necessary (attach a letter of explanation, if To voluntarilv annex to the Citv of Dubuaue CERTIFICATION: I/we, the undersigned, do hereby certify/acknowledge that: 1.It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2.The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written and graphic materials are attached. Property Owner(s): River City Development, LLC Date: Applicant/Agent: n '1Date: Kevin Webber, Its uthorized Representative FOR OFFICE USE ONLY — APPLICATION 9/16/2021 9/16/2021 Fee: N/A Received byk ��� Date: -2kocket: DEVELOPMENTRIVER CITY GROUP• D PARCELS # OF PROPERTY TO BE VOLUNTARILY ANNEXED TO CITY OF Legal Description: Lot 2 of Wertzberger Acres No. 3, in Table Mound Township, Dubuque County, Iowa, according to the recorded Plat thereof; and The Southwest 1/4 of the Northeast 1/4, Lot 1 of the Northwest 1/4 of the Northeast 1/4, Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4, and Lot 2 of the Southeast 1/4 of the Northeast 1/4, in Section 14, Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to United States Government Survey and the recorded Plats thereof, excepting therefrom that land acquired for highway right of way by the Iowa Department of Transportation known as Lot A of Lot 1 of the Northwest 1/4 of the Northeast 1/4 and of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 11.95 acres and as shown and described in the Warranty Deed filed as Instrument Number 2010- 00003964 in the Dubuque County Recorder's Office, and excepting therefrom that land acquired for highway right of way by the Iowa Department of Transportation known as Lot B of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 0.62 acres and as shown and described in the Warranty Deed filed as Instrument Number 2011-00011776 in the Dubuque County Recorder's Office Parcel Descriptions: 1514176005 72.39 Acres 1514201001 33.11 Acres 1514200006 40.00 Acres 1514226003 1.45 Acres 1514276003 9.30 Acres Total Acreage 156.25 Acres Dubuque THE C DUt�BE 1 1 1 F 2007.2012.2013 2017*2019 Masterpiece on the MissisSippi Vicinity Map F R�P� yTP gSeGRYR ENNSYLVANIAAVE DO GE ST SwgRTFRiq< City of Dubuque Annexation property Owner: River City Development Group, LLC Parcels: 1514176005, 1514201001, 1514200006,1514226003, 1514276003 Acreage: 156.25 City of Dubuque limits N 0 1,000 2,000 n Feet 1:10,000 Exhibit 6 .., a Ogg, wa� JdC�OBS;�ST ELL Fop a�x4 1 � '� � • � � k. 14m• �GG� � !.7 Ar- r E 3, 2� ' 0- _ y'd NATALIECN WDOD GATE DR MFl kSOR - —� Dubuque THE CITY OF L 7 7 \ D��l DU—E�' )��E 11111.1' 2007*2012.2013 Masterpiece on the Mississippi 2017+2019 Vicinity Map ,-A City of Dubu Annexation property Owner: River City Development Group, LLC Parcels: 1514176005, 1514201001, 1514200006,1514226003, 1514276003 Acreage: 156.25 Annexation right-of-way Owner: City of Dubuque Acreage: 51.56 City of Dubuque limits N 0 0.5 , n Miles ,`\V 1:24, 000 EXHIBIT C The legal description of the proposed annexation territory is: Lot 2 of Wertzberger Acres No. 3, in Table Mound Township, Dubuque County, Iowa, according to the recorded Plat thereof; and The Southwest 1/4 of the Northeast 1/4, Lot 1 of the Northwest 1/4 of the Northeast 1/4, Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4, and Lot 2 of the Southeast 1/4 of the Northeast 1/4, in Section 14, Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to United States Government Survey and the recorded Plats thereof, excepting therefrom that land acquired for highway right of way by the Iowa Department of Transportation known as Lot A of Lot 1 of the Northwest 1/4 of the Northeast 1/4 and of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 11.95 acres and as shown and described in the Warranty Deed filed as Instrument Number 2010-00003964 in the Dubuque County Recorder's Office, and excepting therefrom that land acquired for highway right of way by the Iowa Department of Transportation known as Lot B of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 0.62 acres and as shown and described in the Warranty Deed filed as Instrument Number 2011-00011776 in the Dubuque County Recorder's Office 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: River City Development Group, LLC for the voluntary annexation of 156.25 acres of property. The annexation territory is located west of the Southwest Arterial and north of Tamarack Business Park. The property consists of five (5) platted lots. The public hearing will be held: DATE: Monday, November 1, 2021 TIME: 6:30 p.m. PLACE: City Council Chambers, Historic Federal Building 350 W. 6th Street, Dubuque, Iowa The legal description of the River City Development Group, LLC proposed annexation territory is: Lot 2 of Wertzberger Acres No. 3, in Table Mound Township, Dubuque County, Iowa, according to the recorded Plat thereof; and The Southwest 1/4 of the Northeast 1/4, Lot 1 of the Northwest 1/4 of the Northeast 1/4, Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4, and Lot 2 of the Southeast 1/4 of the Northeast 1/4, in Section 14, Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to United States Government Survey and the recorded Plats thereof, excepting therefrom that land acquired for highway right of way by the Iowa Department of Transportation known as Lot A of Lot 1 of the Northwest 1/4 of the Northeast 1/4 and of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 11.95 acres and as shown and described in the Warranty Deed filed as Instrument Number 2010-00003964 in the Dubuque County Recorder's Office, and excepting therefrom that land acquired for highway right of way by the Iowa Department of Transportation known as Lot B of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 0.62 acres and as shown and described in the Warranty Deed filed as Instrument Number 2011-00011776 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, ctyclerkC@..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.