Annex - Herrig, John & Sally Jo
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MEMORANDUM
May 11 , 2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Voluntary Annexation Request of John and Sally Jo Herrig
Planning Services Manager Laura Carstens is recommending that a public hearing be
set for June 19, 2006, to consider a voluntary annexation request of John and Sally Jo
Herrig for 112.10 acres and the Zoning Advisory Commission's recommendation on the
zoning of this property.
The annexation will be contingent on approval of the zoning and an annexation
agreement that will also be on the June 19, 2006 Agenda.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
(ll1 ~~>/ftvL-
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
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MEMORANDUM
May 9, 2006
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager ~
RE: Voluntary Annexation Request of John and Sally Jo Herrig
Introduction
This memo transmits a request from John and Sally Jo Herrig for annexation of 112.10
acres of their property south of Derby Grange Road, in conjunction with rezoning their
property to R-3 Moderate Density Multi-Family Residential, C-3 General Commercial,
and AG Agricultural. A staff report and application materials concerning the Herrigs'
request are enclosed.
Discussion
On May 3, 2006, the Zoning Advisory Commission recommended approval of R-2 Two-
Family Residential rezoning rather than the R-3 requested by the Herrigs, and that the
C-3 District utilize the rear yard setback of 20% of lot depth.
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 19, 2006 meeting to meet State Code notification
requirements for annexations.
The applicants have requested City financial assistance to facilitate future
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 0.647 acres of right-of-way for Derby Grange Road is included.
Recommendation
I recommend that a public hearing on the voluntary annexation request of John and
Sally Jo Herrig be set for the City Council's June 19, 2006 meeting.
Attachments
cc Bob Green, Water Department Manager
Gus Psi hoyos, City Engineer
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oty of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
plANNING APPUCATION FORM
o Variance
Deondltional Use Permit
DAppeal
DSpedal Exception
DUmited SeI:back Waiver
U!RezOning
DPtanned otstriCt
DPrellminary Plat
DMinor Final Plat
[]Text Arnefl(lment
G1Simple Site Plan
DMlnor Site Plan
o Major Site Plan
o Major Final Plat
DSimple Subdivlsion
[JAnne><ation
[]Temporary Use Permit
DCertificale of EaJnomiC Non-Viability
DCertillcate of Apprl>pI1ateI1e5S
DOlher.
Plea$!;! tvoe or orint leaiblv in Ink
Phone:~~ ~_1;~~_1 d? 1
Property owner(s): filUM (II jAJf) m;, <:j r r v TO li1=rnnr.
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AddreSS: 1 ~1c;n ~,,""DY 1 t11110
oty: VI/h/lC/I/U.
State:~Zip: ~?nn?
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Fax Number: ~~~- ~R?- ~~,d
MObile/Cellular Num~ 5H 1;4~- ~~~~
Applicant/Agent: Tah~ III f!u""ifJ
~ne: )....-~
Address: Oty:
State: _ Zip:
Fax Number:
Mobile/Cellular Number:
Site Iocation/addreSS: 13316 and 13500 VVMU Glran,gv Rond V/lhl/q/lu T...m ~?<1n?
Existing zoning: Aa ~~:~-~' /-i-nstoncDlstrict:, Landmark:
Legal Description (Sidwell parcel 10# or lot numberjblock. number/subc!iVision):Sv, a;t;taehvd I v!JfTF,\
r.<:.nlfnlll;ty U;Asrg
Total property (lot) area (square feet or acres): 112 ,MirV!> 110/1 air "9 'AelrUA Mil C:UU r"..:ti..ge.nc.i.e6.
Describe proposal and reason necessary (attach a letter of explanation, if needecI): . and Le;CtVl.
Sqq At~n~~~? ,<<ttqt
CERTIFICATION: I!we, the undeIsigned, do hereby cert:itY that:
L The infunnalion submitted herein is true and rorrect to the best of rrrt lour \<nc:lINtedge and upon
submitlQl l:lel:DI1leS public reoord; .
_ 2 Fees are .not' refu[tdable and payment does not guarantee approval; and
3. All additiOflill required written and graphic materials are at:l:aChed.
4. AU a:pp.ti.CJLtJ-on ne.e6 and zolLi.ng ne.1ZA pvr. aJ'I1I.e.xQ,t.i.on Jle.qulZA.t and zorWtg
f'Topert:./WJ.Jt::Jfs):a/I./!. hvr.e-.i.n. WtLi.ve.d by :the. Ci.t1j 06 Of,Lbuque.1)ate:e
Applicant/Agent , ' Date:
FOR OFFICE USE ONLY - APPUCATION SUBMJ:TT At CHECIQ.IST
Fee: Recelved by:
OSite/sketd1 plan 0 Conceptual Development Plan
Ormprovement plans ODesign review project description
Date:
DPhoto
OAoor plan '
Docket:
OP\at
OOther:
2B
Lot 1 of Lot 2 of the S.W. V. of the S.E. v., of Section 8, T89N, lUE of the Sill P.M., in.
Dubuque County, Iowa. Net Acres 19.51 Parcel#-10084S1003 ~HeimParcel
Lot I of Butler's Hill Second Addition, in Dubuque County, Iowa.
Net Acres 3633 parcel # - 1008376003
Lot 3 of Butler's Hill Second Addition, in Dubuque County, Iowa.
NetAcres 16.19 parcel # - 1008451004
Lot 2 of the N Yz of the S.W.v., Section &, T89N, R2Eofthe Sill PM., Dubuque County,
Iowa. Net Acres 0.07 parcel # - 1008328003
CONTINGENT .
S.w. \4 of the S.W. \4, Section 8, T89N,lUE of the Sill PM., Dubuque County, Iowa.
Net Acres 40 parcel # - 1008351001
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ANNEXATION STAFF REPORT
Council Agenda: June 19, 2006
Property Location:
South of Derby Grange Road
Property Owner:
John W. & Sally Jo Herrig
Lot 1 of Lot 2 of the SW Yo of the SW Yo, Lot 1 of Butler's Hill 2nd
Addition, Lot 3 of Butler's Hill 2nd Addition, Lot 2 of the N Y. of
the SW Yo, and SW Yo of the SW Yo of Section 8, T89N, R2E of
the 5th P.M. in Dubuque County, Iowa
Legal Description:
Proposed Land Use: Residential/Commercial
Proposed Zoning: R-3/C-3/AG
Existing Land Use: Agricultural
Existing Zoning: County A-1 Agricultural
Adjacent Land Use: North - Residential
East - Agricultural
South - Agricultural
West - Residential
Adjacent Zoning: North - County A-1
East - County A-1
South - County A-1
West - County A-1
Flood Plain: Yes
Total Area: 112.10 acres
Water: No
Existing Street Access: Yes
Storm Sewer: No
Sanitary Sewer: No
Purpose: To rezone to R-3 Moderate Density Multi-Family Residential, C-3 General
Commercial, and AG Agricultural, in conjunction with annexation.
Physical Characteristics: The subject property is located south of Derby Grange Road.
The property is characterized as a rolling topography that drains primarily to the
northwest. It has been used for agricultural purposes since its settlement.
Confonnance 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, 2.3, 6.1, 6.2, 6.3, 7.2, 8.5,
10.2 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.
ANNEXATION STAFF REPORT. Herrig
Page 2
Traffic Patterns/Counts: The subject property will be served by an extension of
Plaza Drive to Derby Grange Road. Plaza Drive is the public street that serves
the northeastern portion of Asbury Plaza Shopping Center, currently within the
City of Dubuque corporate limits. Based on 2001 IDOT counts, Derby Grange
Road carries approximately 650 average daily trips.
Public Services: Existing public services are adequate to serve the property as
it's developed for residential purposes.
Environment: The rolling topography of this site will require adequate erosion
control during any development of the property and adequate storm water control
atter development.
Adjacent Properties: The impact to adjacent properties will mostly be through
increased volume of traffic on Derby Grange Road and an increase in the
ambient light level.
CIP Investments: The City of Dubuque will be coordinating the extension of City
water and sewer into these areas to service the future development of the
property.
Staff Analysis and Recommendation:
The property requested for annexation lies within the urbanized area of the City of
Asbury. Iowa Code allows for these types of voluntary annexation requests be
approved first by the City Council, and then by the State of Iowa's City Development
Board. The property meets Iowa Code requirements for 50 feet of adjacent boundary
for annexation to the City of Dubuque.
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
staff recommendation for an agreement regarding City assistance will provided under
separate cover for the public hearing.
On May 3, 2006, the Zoning Advisory Commission recommended approval of R-2 Two-
Family Residential rezoning rather than the R-3 requested by the Herrigs. The
Commission also recommended that the proposed C-3 General Commercial District
utilize the rear yard setback of 20 percent of lot depth regardless of zoning of adjacent
property.
Staff recommends approval of the annexation request.
Prepared by: ~IIII'O,~ Reviewed: N/A
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Date: ~
Annexation Property Owners
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Property Owners
(195.100 Total Acres)
Dean & Patricie Butll!lr- 8.000 acres
John & Sally Jo Herrig-
112.10acras
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Corey/MOtolY City LLC -
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County Right-of-Way -
0.647 acres
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SUMMER
Dubuque City Limits
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Sutler/Herrig/Motor City Annexation 04_26_06
ASBURY
Annexation Property Owners
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Property Owners
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Dean & Palrlcia Butler. 8.000 acres
John & SaHy Jo Herrig .
112.10 acres
SUMMER
Corey/Motory City LL.C .
75 acres
County Righl-ol-\Nay-
Q647acres
ASBURY
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