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
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1 845.77'
FOUND 112 P.00 1/ /YELL
14417 WITNESS CORNER
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or SECTION 2. THEM.
02E
7195 IS AN ASSUMED
BEARING FOR THE PURPOSES
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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:.