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Annex Valentine 58.62 acres DU~~E ~ck~ MEMORANDUM April 26, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Voluntary Annexation Request of Gary and Mary Beth Valentine Planning Services Manager Laura Carstens is recommending that a public hearing be set for June 5, 2006, on the annexation request from Gary and Mary Beth Valentine for 58.62 acres. This request is contingent on approval of the development annexation agreement negotiated with Gary and Mary Beth Valentine. I concur with the recommendation and respectfully request Mayor and City Council approval. (lfJ (t. /II J tic ..., t\.L Mlchael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager ----.... '.~' DU~%duE ~<J<e.-~ MEMORANDUM April 25, 2006 TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manage~ RE: Voluntary Annexation Request of Gary and Mary Beth Valentine Introduction This memo transmits a request from Gary and Mary Beth Valentine for annexation of 58.62 acres of their property south of North Cascade Road, in conjunction with rezoning their property to R-3 Moderate Density Multi-Family Residential. A staff report and application materials conceming the Valentines' request are enclosed. Discussion On April 5, 2006, the Zoning Advisory Commission recommended approval of R-2 Two- Family Residential rezoning rather than the R-3 requested by the Valentines. Mr. Valentine indicated at the meeting that R-2 zoning was acceptable. The City Council's public hearing on the rezoning request should be held concurrently with the public hearing on the annexation. Staff recommends that a public hearing be held at the City Council's June 5, 2006 meeting to meet State Code notification requirements for annexations. The applicants have requested City financial assistance to facilitate future residential development. An agreement for City assistance is being negotiated, and the recommended agreement will be provided for City Council consideration at the public hearing. State law requires that the City annex to the centerline of any adjoining County secondary road, so 1.52 acres of right-of-way for North Cascade Road is included. Recommendation I recommend that a public hearing on the voluntary annexation request of Gary and Mary Beth Valentine be set for the City Council's June 5, 2006 meeting. Attachments cc Bob Green, Water Department Manager Gus Psihoyos, City Engineer ANNEXATION STAFF REPORT Council Agenda: June 5, 2006 Property Location: South of North Cascade Road Property Owner: Gary and Mary Beth Valentine Legal Description: See Exhibit - Annexation Certificate Proposed Land Use: Residential Proposed Zoning: R-3 Existing Land Use: Agricultural Existing Zoning: County A-1/ R-2 Single-Family East - Agricultural South - Agricultural West - Agricultural Adjacent Zoning: North - A-1/ C-1 Conservancy East - A-1/C-1 South ..,.A~1 West -A;1 Adjacent Land Use: North - Agricultural Flood Plain: No Total Area: 58.62 acres Water: No Existing Street Access: Yes Storm Sewer: No Sanitary Sewer: Yes Purpose: To rezone to R-3 Moderate Density Multi-Family Residential for future development in conjunction with annexation. Physical Characteristics: The subject property is located east of Edval Lane and south of North Cascade Road. The property is characterized by rolling topography and generally drains toward the southeast. It has been used for agricultural purposes since its settlement. The preferred alignment of Iowa 32 (Southwest Arterial) lies approximately 1,000 feet to the south of the property. Conformance with Comprehensive Plan: The Comprehensive Plan includes goals and objectives supporting annexation of land for residential development that is readily served by City infrastructure and utilities. This request is consistent with the Comprehensive Plan's Land Use Element: Goals 1.2, 1.5, 10.2, 10.3, 10.4 and 10.6. The 2002 Proposed Land Use Map of the Comprehensive Plan designated this area for residential development. Impact of Request on: Utilities: City utilities can be extended to serve the subject property. The timing of utility extension is dependent on the development of adjacent properties. City ANNEXATION STAFF REPORT - Valentine Page 2 water and sewer facilities will be extended through the NCR development to serve the subject property. Traffic Patterns/Counts: Traffic patterns and counts likely will be consistent with similar mixed residential subdivisions in the Dubuque community. Public Services: Existing public services will be adequate to serve the site once it's developed for residential purposes. Environment: The rolling topography and floodplain characteristics of this site will require adequate erosion control during any development of the property and adequate storm water control after development. Adjacent Properties: The applicants at this time do not have immediate plans for development of the property, but the impact to adjacent properties will mostly be through the increase in traffic along North Cascade Road and an increase in ambient light levels. CIP Investments: The City of Dubuque intends to place the reconstruction of North Cascade Road, including the two curves heading up the hill west of Catfish Creek, in its Five Year Capital Improvement Program. It is the intent of the City to perform the work subject to the availability of funds within six years. Staff Analysis and Recommendation: The property requested for annexation lies outside the urbanized area of any other city. Iowa Code allows for these types of voluntary annexation requests be approved first by the City Council, and then by the Secretary of State. The property meets Iowa Code requirements for 50 feet of adjacent boundary for annexation to the City of Dubuque. State law requires that the City annex to the centerline of any adjoining County secondary road, so 1.52 acres of right..of-way for North Cascade Road is included. The property is included in the City's 1996-1997 Annexation Study as a preferred area for annexation due to its proximity to the City limits, infrastructure and utilities. The applicant has requested City financial assistance to facilitate development of housing. The staff recommendation for an agreement regarding City assistance will provided under separate cover for the public hearing. On April 5, 2006, the Zoning Advisory Commission recommended approval of rezoning to R-2 Two-Family Residential rather than the R-3 requested by the Valentines. Mr. Valentine indicated at the meeting that R-2 zoning was acceptable. Staff recommends approval of the annexation request. Prepared by: ~~ Reviewed: ,....fA Date: Oq\z,,!olO " . February -z.:&, 2006 Mayor Roy Buol and the Dubuque City Council City Hall 13th and Central Dubuque, IA 52001 Re; Request for Voluntary Annexation to City of Dubuque Dear Mayor Buo1 and Dubuque City Council: We, Gary L. and Mary Beth Valentine, hereby request that the following described real estate be annexed into the City of Dubuque subject to pre-development agreement between us and the City of Dubuque: Lelpll Descrintion Parcel No. " -That portion of Lot 2 and Lot 2 of Lot 1 of Valentine P~ in Township 88 North, Range 2 East of the 5th P.M. according to the recorded plat thereof lying east of a line running 125 feet to the east cfEdval Lane 1503127003 1503 i27004 Attached is a map showing the property to be annexed outlined in red. Respectfully submitted, ~ dL"Z:.,. Gary ~a1entine '111o~ '/l&iIr !lal~' Mary Beth entine Approx. Acreaae 30 1!!.24 Sheet 1 of 2 Annexation Certificate Dubuque, Iowa -+.A.d .5 . 2006 The drawing shown on sheet 2 of 2 hereof, is a true and correct REPRESENTATION OF LOT 2 & A PORTION OF LOT 1 DEFINED AS PARCEL A OF VALENTINE PLACE NO.3, LOCATED IN THE NW1/4, SECTION 3, T88N, R2E (TABLE MOUND TWP) OF THE 5TH P.M., DUBUQUE COUNTY, IOWA, that is proposed to be Annexed to the City of Dubuque, Iowa. The perimeter of the ANNEXATION area within the parcel A portion of Lot 1 is more particularly described as follows: . PARCEL A PORTION OF LOT 1 OF VALENTINE PLACE NO.3: Commencing at the North 1/4 comer of Section 3, T88N, R2E of the 5th P.M., Dubuque County, Iowa (also being the Northwest comer of Lot 2-2 Ohmert Farms); Thence South 0 Degrees 39'-02" West along the West line of said Lot 2-2, a distance of 792.95 feet to the Northwest comer of Lot 6 of the Northeast Fractional 1/4 of said Section 3; Thence South 0 Degrees 47'-35" West along the West line of said Lot 6, a distance of 676.54 feet to the Point of Beginning; Thence South 0 Degrees 47'-35" West along the West line of said Lot 6, a distance of 1821.93 feet to a point 125 feet North of the Center of Section 3; Thence North 89 Degrees 20'-03" West along the East-West 1/4 Section line, a distance of419.02 feet to a point 125 feet Easterly of the Easterly Right Of Way (ROW) line of Edval Lane; Thence North 5 Degrees 32'-27" West along a line parallel to and 125 feet Easterly of the Easterly ROW line of said Edval Lime, a distance of 1330.99 feet to the point of curvature; Thence North 0 Degrees 07'-31" East along the East line of said Lot 2-1, a distance of 117.17 feet to the South comer of Lot 2 of the E112 of the NW1/4 of said Section 3; Thence North 33 Degrees 32'-42" East alon~the Southeast line of said Lot 2, a distance of 554.26 feet to the South line of Section 34, T89N, R2E of the 5 P.M.; Thence North 89 Degrees 51'-53" East along the South line of said Section 34, a distance of 358.39 feet; Thence South 37 Degrees 43'-44" East, a distance of 731.13 feet; Thence South 0 Degrees 45'-36" West, a distance of 738.25 feet; Thence South 52 Degrees 45'-26" East, a distance of 250.15 feet to the Point of Beginning; The Total area of that PORTION OF LOT 1 OF VALENTINE PLACE NO.3 described above is 49.165 acres. The Total ROW area is 0.811 acres. The Total Net area is 48.354 acres. SHEET 2 OF 2 N N 89"51'53. E :..G.;:: __.a58:-~------- J. TBBN. R2E :" " :, /" ,? " ... i " ; , ----~--~~:~~--~: ... , , "1 \P'" ,,/" ,,/ ,,/ j'/ ... "," /' LOT....2 " C; ./~' AA-vA7~ I"'i ./ ... V'. ,/ RA _...U.715 ACREs i... ~ ,,' ,/ S". ~. &74\-'AcREs,\r '" ...,,,, ""GJ ,/ ," ,'~ /' ,,/ I ~I /'.1 ,/" ,// ...,......~ ,/ ,;,/' 1'...1.... I 0l'I~~;T2F"~..S / /~. / // r/ ~I / <~~}/ ~I ,/ l, ! / I / 1 " ... ~ "" // ~roJ / / I' UI'" . """" ,/' ,,/'1'" ;; ",',/ ..." J' ~ // /1/ }i--~ / f ,/ ... / ...'?O=-~ B. ./ /' " ,/ "$.~!t- .0. " /' " " "f /' ,... " ," , " ,/' " " " I ("'1.1 I' ,/ ' ... \ ... ... /' /' I .-# ," " " , ... ... , " ,.. " ," ~-_/ ... ... , ;' w ,... ,,' ..' ",,' ... ~ ... I' ... I' ... ... " ... 1 j ..."'1' //,/,,,, ////' .../",/ l.... w ...' ,/' ,,/ ,"f. //// /// ////1'/ ~- ... " " ,," at ," /' ,... {/- " " " ... , ... 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