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Request to Annex by John KnepperMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Annexation Request - John L. Knepper DATE: October 8, 2010 MCVM:Iw Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager Michael C. Van Milligen Dubuque Eiitii All- America CIty I I I I Ir 2007 Planning Services Manager Laura Carstens recommends City Council approval of an application for annexation and rezoning received from John L. Knepper for 2.79 acres of property on the south side of the City of Dubuque adjacent to Timber -Hyrst Subdivision. I concur with the recommendation and respectfully request Mayor and City Council approval. Masterpiece on the Mississippi TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager -J SUBJECT: Annexation Request — John L. Knepper DATE: September 29, 2010 Enclosures cc: Gus Psihoyos, City Engineer Bob Green, Water Department Manager Don Vogt, Public Works Director Mark Dalsing, Police Chief Dan Brown, Fire Chief Kyle Kritz, Associate Planner Dubuque AID- America City 11111 2007 INTRODUCTION An application for annexation has been received from John L. Knepper requesting annexation and rezoning of 2.79 acres of property on the south side of the City of Dubuque adjacent to Timber -Hyrst Subdivision. This memorandum transmits the application, a resolution, a staff report, and a vicinity map. DISCUSSION The request is intended to facilitate the purchase of the subject parcel by an adjacent land owner. The annexation is in conjunction with rezoning to R -1 Single - Family Residential District. The adjacent property in the City limits is zoned R -3 Moderate Density Multi - Family Residential District. The Zoning Advisory Commission's recommendation on the rezoning will be forwarded to the City Council for a public hearing on October 18, 2010 concurrent with the annexation public hearing. The Knepper annexation parcel is in Area I of the 2006 -2007 Annexation Study Update. Area I is ranked in the second highest category in the Comparative Analysis section of the Annexation Study. RECOMMENDATION Staff recommends that the City Council approve the annexation, as it is consistent with the City's Comprehensive Plan and Annexation Study. CITY OF DUBUQUE ANNEXATION STAFF REPORT Council Agenda: 10/18/10 Property Location: South of Creekwood Drive Property Owner: John L. Knepper Legal Description: Lot 1 of the NE %, SW 1 /4, Section 2, Township 88N, Range 2E of the 5 P.M., Dubuque County, Iowa Proposed Land Use: Residential Existing Zoning: County C -1 and R -2 Adjacent Land Use: Flood Plain: Partial Water: Adjacent to site Storm Sewer: Adjacent to site Impact of Request on: North - Vacant East - Agricultural South - Vacant West - Agricultural Existing Land Use: Vacant Proposed Zoning: City R -1 Adjacent Zoning: North — R -3 East — C -1 South - C -1 West — C -1 Total Area: 2.79 acres Existing Street Access: Creekwood Drive Sanitary Sewer: Adjacent to site Purpose /Reason for Annexation: The requested annexation of the property into the City of Dubuque is being done in conjunction with rezoning to R -1 Single Family Residential. Physical Characteristics: The subject parcel is located south of Timber -Hyrst subdivision and is a large rock outcropping that overlooks the agricultural fields owned by Mr. Knepper as well as the Catfish Creek running on the west side of the parcel. Because of the severe topography, this parcel of land has never been used for agricultural purposes. Conformance with Comprehensive Plan: This request supports the Comprehensive Plan's Land Use Goals: 1.5, 1.8, and 4.5. The 2030 Future Land Use Map of the Comprehensive Plan designates this site for single - family or duplex development. Utilities: Staff does not anticipate that utilities will be extended into this area; however, if they are, they would be extended from Creekwood Drive to the south. Traffic Patterns /Counts: The nearest street is Creekwood Drive and there are no traffic counts available for this street. Public Services: Existing public services are adequate to serve the site. City of Dubuque Annexation Staff Report for Page 2 Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion control is provided when and if the site is developed for residential purposes. Adjacent Properties: Staff does not anticipate any adverse impacts to adjacent properties. CIP Investments: None proposed. Staff Analysis and Recommendation: An application for annexation has been received from John L. Knepper requesting annexation and rezoning of 2.79 acres of property on the south side of the City of Dubuque adjacent to Timber -Hyrst Subdivision. The request is intended to facilitate the purchase of the subject parcel by an adjacent land owner. The annexation is in conjunction with rezoning to City R -1 Single- family Residential District. The adjacent property in the City limits is zoned R -3 Moderate Density Multi - Family Residential District. The Zoning Advisory Commission's recommendation on the rezoning will be forwarded to the City Council for a public hearing on October 18, 2010 concurrent with the annexation public hearing. The Knepper annexation parcel is not within the urbanized area (i.e., within two miles) of another city. Therefore, approval of the annexation is made by the City Council after a public hearing. Upon approval, the annexation request will be filed with Dubuque County and the Secretary of State. The Knepper annexation parcel is in Area I of the 2006 -2007 Annexation Study Update. Area I is ranked in the second highest category in the Comparative Analysis section of the Annexation Study. Staff recommends that the City Council approve the annexation, as it is consistent with the City's Comprehensive Plan and Annexation Study. 'c gi_. Prepared b Reviewed: NSA Date: O9. -2- 1O Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St, Telephone: 589 -4210 Return to: Jeanne Schneider, City Clerk Address: City Hall, 50 W. 13th St. Telephone: 589 -4121 RESOLUTION NO. 409 -10 RESOLUTION APPROVING APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, John L. Knepper, the property owner, has submitted a written application for voluntary annexation of approximately 2.79 acres of land to the City of Dubuque, Iowa; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement; and and Whereas, the annexation territory does not include any State or railroad property; Whereas, Iowa Code section 368.7 authorizes the extension of City limits in situations of this character by adoption of a resolution after notification and public hearing; and Whereas, this annexation is consistent with the Comprehensive Plan of the City of Dubuque; 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: Resolution No. Page 2 Section 1. That the application of John L. Knepper, the property owner, for voluntary annexation of approximately 2.79 acres of land of territory lying outside of the corporate limits of the City of Dubuque, Iowa, as shown on Exhibit A and legally described as Lot 1 of the NE 1 /4, SW 1 /4, Section 2, Township 88N, Range 2E of the 5 P.M., Dubuque County, Iowa is hereby approved for annexation to the City of Dubuque, Iowa. Section 2. That, subject to the approval of the Secretary of State, the corporate limits of the City of Dubuque, Iowa, be and they hereby are extended to include the approximately 2.79 acres of annexation territory as shown on Exhibit A. Section 3. That the City Council of Dubuque, Iowa, does hereby certify that the City of Dubuque has complied with the notice and hearing requirements of the Iowa Code pertaining to voluntary annexation of territory outside an urbanized area of another city. Section 4. That if Secretary of State approves this annexation, the territory hereby annexed shall become a part of Precinct One of Ward One of the City of Dubuque, Iowa. Section 5. That the City Clerk shall file this resolution, all exhibits and the applications for voluntary annexation with the State of Iowa in accordance with the provisions of Chapter 368 of the Iowa Code. Attest: Passed, approved and adopted this 18th day of October 2010. -10 eanne F. Schneider, City Clerk F: \USERS \LCARSTEN \WPWnnex \Knepper Annexation \Knepper annexation resolution.doc Roy D. Buol, Mayor Masterpiece on the Mississippi 0 Variance ❑Conditional Use Permit ❑Appeal ❑Special Exception ❑Limited Setback Waiver ®Rezoning Oubuqu. iiiir 2007 Please tvoe or print legibly in ink Property owner(s): John L . Knepper Address: 2R7 1 Thornwood Ct City: Dubuque Fax Number: Applicant/ MOW , Davin C. Curtiss Phone: 563 -557 -8400 ext. 250 Address: 700 Locust — Roshek Bldg. Fax Number: 563 -556 -1867 Cellular Number: _E -mail Address: dcurt i ss(aoct_hanasl a �,r. oan Site location /addressypt 1 of the NE 1/4, SW 1/4, Sect. 2, T88N, 122E of the, 5th P.M. 15-02-300—OL Existing zoning: 1 r. Proposed zoning: Res. Historic District: Landmark: Legal Description (Sidwell parcel ID# or lot number /block number /subdivision):Bpp si tP 1 onati on Total property (lot) area (square feet or acres): 2.79 acres Describe proposal and reason necessary (attach a letter of explanation, if needed):I . \:Qta. CERTIFICATION: I /we, the undersigned, do hereby certify that: 1. It is the property owner's responsibility to locate property lines and to check your 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. Fee: Property Owner(s): Date: 7— 7 a 07° Appiicany4ger � Date: c l — Gt FOR OFFICE USE ONLY — APPLICATIOJI SUBMMITTTAL. CHECKLIST Received by: 7 PLANNING APPLICATION FORM ❑Planned District OPreliminary Plat ❑Minor Final Plat ❑Text Amendment ❑Simple Site Plan DMinor Site Plan ❑Major Site Plan ['Major Final Plat ❑Simple Subdivision Annexation ❑Temporary Use Permit Date: 9 fO •/D Docket: Site /sketch plan- Conceptual Development PI ' Plat Other: Improvement plans .: Design review project description U Floor plan City of Dubuque Planning Services Department Dubuque, IA 52001 -4864 Phone: 563 - 589 -4210 Fax: 563 -589 -4221 ❑Certificate of Economic Non- Viabilty ❑Certificate of Appropriateness ❑Historic Designation ❑Neighborhood Association ❑Other: Phone: 563-5 8 2— 07 5 4 state I owa Zip .52 0 0 3 Cellular Number: 563 3 0 -3P6(, E -mail Address: City: _State: Iowa Zip:52001 September 8, 2010 VIA Facsimile and U.S. Mail City of Dubuque Planning Services Attn: Laura Carsten 15 W. 13 St Dubuque, IA 52001 -4864 Re: Parcel No. 15 -02- 300 -02 Best regards, �L C E. Marshall Thomas, 1907 -1989 Davin C. Curtiss O'Connor & Thomas, P.C. DCC /aas Encl. cc: client O'CONNOR THOMAS.r . ATTORNEYS AT LAW est.t84o w ww.octhornaslaw.com Francis J. O'Connor, 1916 -1990 JOHN C. O'CONNOR BRENDAN T. QUANN A. JOHN ARENZ t$ CHAD C. LEITCH * UAVIN t . All attorneys licensed in Iowa I * Also licensed in Illinois I tAlso licensed in Wisconsin I § Also licensed in Minnesota $ Certified in Civil Trial Advocacy by National Board of Trial Advocacy I I Also licensed in U.S. Tax Court \\11 r SEP 82010 CITY OF 0 i ii0 E 1. _t�l.�:. � PLANNING SERVICES D P a• EN T Dear Ms. Carsten, Please find enclosed a completed Planning o the NE 4requesting W 1/4, Sec ion 2�Township 8 Ng of Parcel No. 15 -02- 300 -02, legally described as Range 2E of the 5 P.M. Could you please advise concerning the expected length of the annexation and re- zoning process after you have had a chance to review the enclosed application. I ask because the real estate closing for this particular real estate parcel is set for November 1, 2010. Thank you. Davin C. Curtiss j ext. 250 I dcurtiss @octhomaslaw.com Roshek Building I 700 Locust Street, Suite 200 I Dubuque, Iowa 52001 I Phone 563.557.8400 I Fax 563.556.1867 K. WHITTY PAUL]. SIGWARTH t GREG A. REHMKE GOODMAN, JAMES E. G MAN JR. i * .. JOSHUA P. WEIDEMANN STEPHANIE R. FUEGE R * t STEPHEN C. *t RICHARD PETER D. ARCING *§1. WHITNEY R. JACQUE C RTISS *t CHRISTOPHER C. FRY CHRISTOPHER M. LUETH g. , /1- " 11 PREPARED 9Y: OUESN G ASSOCIA S ADDi9A S: 1212 LOCUST S ET Plot of Survey of: Lot 1 of the NE1 /4 SW1 /4, Section 2, 788N, R2E, of the 5th P.M., Dubuque County, Iowa LO! 7/ 4C 2, TR74 R7E 139'00'52"E 1355.14' 1/4 SEC 'N UNE POUND 5011 0 THE 11/4 CoetrER of SECTION 2. TaEN. R2E Compriasd of o port of 010 NE1 /4 Sw1 /4, Section 2. TUN. RTC of the 541 PJL. Oi50 J9 Ca:s+C1 loco LA. 4 3 .53 PART OF NET /4 SIC /4 SECTION 2, 788N, R2E AREA = 36.7 ACRES +7- LOY 5 of 1181BER -N7RST ESTATES 12 N89 OO'52'E 411.04' 300.41'(300 41') LOT 1 NE1 /4 SW1 /4 SECTION 2, T88N, R2E AREA = 2.79 ACRES NOTES 1. ALL NEASUREIIERTS ARE IN FEET AIO OEC'3fALS E RECf. 2 PROPRETOR OF THE 8E1 /4 5W7 /4. SECTION 2. TC#I. R2E: .001 L. RNE3'.'ER 2575 TiCRN11000 CT, 900 IA 52003 3. 7.JR:EYE0 5EO0E5150 ST: CMG NCCOY 2070 S71370 PARS CT 3217E I. DJ' o'91CUE. IA 52003 4. TOTAL AREA 5'JESEYE0 IS 2.79 ACRES. 5. '055 PLAT 15 5718.ECT TO AL! EASENENTSS OF RECORD Au0 803 OF RECORD ACCESS FOR LOT I Volt EE ACROSS LOT 5 (1 T{LTER- 1 -1YRST E0TA1t'.S 12 S12 °10'57'E 24.76' C' IOWA PH' .• 555 - 4369 1 50' 100' SCALE: 1 o TOO' LEGEND LOT kg 5 5 I 2. /2. NW fR I/4 TOf L r 1 845.77' FOUND 112 P.00 1/ /YELL 14417 WITNESS CORNER 39' NORTH OF CENT%5 or SECTION 2. THEM. 02E 7195 IS AN ASSUMED BEARING FOR THE PURPOSES Of 7105 SURVEY ONLY. 200' ▪ P5.351 , TAT 432 C°.IASETE NCITRAZIIT 9537) O Fa01 1/2 SOD 1/02.000 CAP 04417 O RAM 5/5' IRO. 0OR10 11 /CRARZ P.A1TC CAP 1A10R0 100.00112447' 9040D BOOOAAY lOE fROAERTt ONE ( ) RECTO 01 f W:Ts TA TOTAL AREA I HOotlir COITCY SlAT 11410 LANG 000010 OCCIA1AT OAR PREPARED AND 54 RELATER SANE' WIN WAS PW RE BY 510 OR 1YOE11 1fT DRSCT PER501AL 9.002001 FRB MAT I AN A RAY SMOOT DIE LA7b5 STATE OF 11. Si i 10 4 TERRY L S +. _ - _. MANI cox= R RA 0(0120 R RA L1IZI17R 1Rn0M 1x57 901(7 Out 3/37/10 1501 RAR1 8/21/10 w UCh2 1015544. 00 IS G_M.2:01 31. 2011 50 W ■0782•0' WMSA r. Io' r£fTS 001E00 FIT was 85 8AL 1 0(9 5 1 ! 2 LW01LUR ANN S R1(Ol 1212 LOCUST ,1. 01 UCTUL 10 ( 811-01*' SHEET 1 OF 4 AG • 4 �Dubuq rr .T �.a ii 2 007 THE CITY OF Dui Masterpiece on the Mississippi Vicinity Map Applicant: Davin Curtiss / John Knepper Location: South of Creekwood Drive Description: To rezone property, in conjunction witl annexation, from County C -1 and R -2, to City R -1 Single - Family Residential District. Legend City Limits Zoning (B & W) Proposed Area to be Rezoned Base Data .rovided b Dubu•ue Count GIS Date: 09/16/20. I:.