Annex Valtentine prop. 58.62 acres
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MEMORANDUM
June 2, 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 approval of the voluntary
annexation of Gary and Mary Beth Valentine for 58.62 acres.
The annexation is contingent on approval of zoning satisfactory to the owner and
approval of the Annexation Agreement.
I respectfully recommend Mayor and City Council approval of the voluntary annexation
and the Annexation Agreement.
;2t~~/
Michael . 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 31, 2006
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager ~
RE: Voluntary Annexation Request of Gary and Mary Beth Valentine
Introduction
This memo transmits a resolution approving the request Gary and Mary Beth Valentine
for voluntary annexation of 58.62 acres of property east of Edval Lane and south of
North Cascade Road, in conjunction with rezoning the property to R-3 Moderate
Density Multi-Family Residential. A staff report, development annexation agreement,
maps, and application materials concerning the Valentines' request are enclosed. This
item is set for public hearing at the City Council's June 5, 2006 meeting.
Background
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
through its connection to the NCR Developers property, which is being annexed
simultaneously.
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. 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 preferred alignment
of Iowa 32 (Southwest Arterial) lies approximately 1,000 feet to the south of the
property.
On AprilS, 2006, the Zoning Advisory Commission recommended approval of R-2 Two-
Family Residential rezoning rather than the R-3 requested by the Valentines. Mr.
Voluntary Annexation Request of NCR Developers, Inc.
Page 2 of 3
Valentine wants the R-3 zoning for the property. The City Council's public hearing on
the rezoning request will be held at the City Council's June 5,2006 meeting.
Discussion
The applicant has requested City financial assistance to facilitate future residential
development. An agreement for City assistance is being negotiated. The draft
agreement is enclosed. We hope to have the signed agreement for City Council
consideration at the June 5, 2006 meeting.
City staff has recommended the enclosed agreement based on current City policy and
financial resources, subject to review and approval by the City Council. The terms of the
agreement include the following conditions:
~ As funding is available, the City will improve the two curves between the bridge on
North Cascade Road and Edval Lane, and construct two 12-foot travel lanes with 2-
foot paved shoulders and an additional 8-foot unpaved shoulder on both sides. The
Valentines would provide any land that might be needed for the right-of-way to the
City at appraised value.
~ Since NCR Developers, Inc. is purchasing land from Gary and Mary Beth Valentine
to develop an access to North Cascade Road, the agreement acknowledges this
pending sale, and places the terms and conditions of the NCR agreement on the
parcel.
~ Upon approval of a final subdivision plat for the Valentines' property and the
commencement of construction of the associated public improvements for this
subdivision, the City will extend sanitary sewer collector lines to the boundary of the
NCR property at the City's sole expense not later than twelve (12) months after the
commencement of the subdivision improvements. Up to 5 collector lines may be
necessary to serve the site.
~ The Valentines will need to agree to reimburse the City for any monies spent on the
construction of the collector as each lot served by the collector is sold, with a
balloon payment for the balance by no later than five (5) years from the date this
connector is accepted by the City Council.
~ The fee for connection of lots in the Valentines' property to City's sanitary sewer
interceptor will be $500.00 per acre for the entire property, excluding areas
delineated on the FIRM (Flood Insurance Rate Map) as flood plain. As lots are sold,
NeR or the developer must connect to the collector and pay the interceptor
connection charge based on $500.00 per acre pro rated on a per lot basis for the
Voluntary Annexation Request of NCR Developers, Inc.
Page 3 of 3
area being platted. This fee will be assessed only for that portion of the
development served by the South Fork Phase I Interceptor as previously approved
by the City Council.
~ As security for the loan by the City, the Valentines must, prior to the award of a
contract for the construction of the sanitary sewer, execute and deliver to the
City, in a form acceptable to the City a promissory note and mortgage or such
other security as may be acceptable to the City Manager in the City Manager's
sole discretion.
);> Upon approval of a final subdivision plat for the Valentines' property and the
commencement of construction of the public improvements for this subdivision, the
City will extend at the City's expense a water main along North Cascade Road to
serve the property.
);> The water main connection fee for this development of $17,930 will be paid prior
to connection to the City water system.
~ State Code provides for the City to exempt the City's portion of property taxes only,
not all property taxes. The agreement provides the following partial exemption for
City taxes for a period offive years:
a. For the first year, seventy-five percent (75%).
b. For the second year, sixty percent (60%).
c. For the third year, forty-five percent (45%).
d. For the fourth year, thirty percent (30%).
e. For the fifth year, fifteen percent (15%).
);> Since the Valentines'. rezoning was filed in conjunction with annexation, the $1 ,000
rezoning fee is waived.
Recommendation
I recommend that the voluntary annexation request of Gary and Mary Beth Valentine be
approved. I further recommend that the development annexation agreement be
approved.
Enclosures
cc Bob Green, Water Department Manager
Gus Psihoyos, City Engineer
Prepared by: Laura Carstens Citv Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider. City Clerk Address: City Hall- 50 W. 13'" St Telephone: 589-4121
RESOLUTION NO.
- 06
RESOLUTION APPROVING APPLICATION FOR VOLUNTARY ANNEXATION OF
TERRITORY OWNED BY GARY L. AND MARY BETH VALENTINE
Whereas, Gary L. and Mary Beth Valentine, as property owners have submitted
a written application for voluntary annexation of approximately 39.03 acres of territory
lying outside the corporate limits of the City of Dubuque, Iowa, as shown in Exhibit A
and legally described as: Lot 2 of Valentine Place NO.3 containing 9.457 acres and a
Portion of Lot 1 of Valentine Place NO.3 defined as Parcel A containing 49.165 acres,
located in the NW Yo, Section 3, T88N, R2E of the 5th P.M., Dubuque County, Iowa.
The perimeter of the annexation area (Parcel A) within Lot 1 is more particularly
described as follows:
Commencing at the North Yo corner of Section 3, T88N, R2E of the 5th P.M.,
Dubuque County, Iowa (also being the Northwest corner 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 corner of Lot 6 of the Northeast Fractional
Yo 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 1 ,821.93 feet
to a point125 feet North of the Center of Section 3; Thence North 89 degrees 20'-
03" West along the East-West Yo Section line, a distance of 419.02 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 Edval Lane, a distance of 1,330.99 feet to the point of
curvature; Thence Northwesterly continuing along said parallel line, a distance of
653.36 feet along the arc of a 1,333.50 foot radius curve to the left, of which the
Chord distance is 646.84 feet and Chord bearing is N 19034'37" W to the point of
tangency; Thence North 33 degrees 36'-48" West continuing along said parallel line,
a distance of 925.24 feet to the East line of Lot 2-1 of the W Y, of the NW Yo of said
Resolution No. - 06
Page 2
Section 3; 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 corner of Lot 2 of the E % of the NW Y. of
said Section 3; Thence North 33 degrees 32'-42" East along the Southeast line of
said Lot 2, a distance of 554.26 feet to the South line of Section 34, T89N, R2E of
the 5th 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; and
Whereas, the annexation territory is not subject to an existing annexation
moratorium; and
Whereas, the annexation territory does not include any state or railroad property;
and
Whereas, the annexation territory does include County road right-of-way; and
Whereas, Chapter 368 of the Code of Iowa authorizes the extension of City
limits in situations of this character by adoption of a resolution and notification as
required by State regulations; and
Whereas, this request has been found to be consistent with the Comprehensive
Plan and the Proposed Land Use Map of the Comprehensive Plan; and
Whereas, the future growth and development of the City of Dubuque, Iowa
makes it desirable that said territory be made part of the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the corporate limits of Dubuque, Iowa be and they are hereby
extended to include the territory as legally described above and as shown in Exhibit A.
Section 2. The territory hereby annexed shall become part of the 151 Precinct
of the 151 Ward of the City of Dubuque, Iowa.
Section 3. The City shall provide for the transition for the imposition of City
taxes against property owner's property, as provided by Chapter 368 of the Code of
Iowa. That property owner's property shall be entitled to the following partial exemption
from taxation for City taxes for a period of five years:
Resolution No. - 06
Page 3
a. For the first year, seventy-five percent (75%).
b. For the second year, sixty percent (60%).
c. For the third year, forty-five percent (45%).
d. For the fourth year, thirty percent (30%).
e. For the fifth year, fifteen percent (15%).
The five-year period shall begin when the Property is placed on City tax rolls by Dubuque
County. Lots sold after that date shall receive the partial exemption percentage only for the
remaining years of the five-year period.
Section 4. That the City Clerk shall file this resolution, all exhibits and the
petition for voluntary annexation with the State of Iowa in accordance with State
Regulations.
Passed, approved and adopted this
day of
2006.
Roy D. Suol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
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Prepared by Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 563-4113
Return to: Jeanne Schneider, City Cieri< Address: City Hali, 50 W. 13th SI. Telephone: 589-4120
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
GARY L. AND MARY BETH VALENTINE
This Agreement, dated for reference purposes the _ day of , 2006,
is made and entered into by, between and among the City of Dubuque, Iowa (City) and
Gary L. and Mary Beth Valentine, husband and wife (Developers).
WHEREAS, Developers are the owners of the real property shown on attached
Exhibit A, and legally described as follows (the Property):
Lot 2 of Valentine Place No.3 containing 9.457 acres and a Portion of Lot 1 of
Valentine Place No.3 defined as Parcel A containing 49.165 acres, located in
the NW y.., Section 3, T88N, R2E of the 5th P.M., Dubuque County, Iowa.
The perimeter of Parcel A is more particularly described as follows:
Commencing at the North Y. corner of Section 3, T88N, R2E of the 5th P.M.,
Dubuque County, Iowa (also being the Northwest corner 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 corner of Lot 6 of the Northeast
Fractional y.. 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 1,821.93 feet to a point125 feet North of the Center of Section 3;
Thence North 89 degrees 20'-03" West along the East-West y.. Section line, a
distance of 419.02 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 Edval Lane, a
distance of 1,330.99 feet to the point of curvature; Thence Northwesterly
1
continuing along said parallel line, a distance of 653.36 feet along the arc of a
1,333.50 foot radius curve to the left, of which the Chord distance is 646.84 feet
and Chord bearing is N 19"34'37" W to the point of tangency; Thence North 33
degrees 36'-48" West continuing along said parallel line, a distance of 925.24
feet to the East line of Lot 2-1 of the W 11;, of the NW Yo of said Section 3; 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 corner of Lot 2 of the E 11;, of the NW Yo of said Section
3; Thence North 33 degrees 32'-42" East along the Southeast line of said Lot 2,
a distance of 554.26 feet to the South line of Section 34, T89N, R2E of the 5th
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; and
WHEREAS, Developers intend to request City to annex the Property; and
WHEREAS, as an incentive to Developers to voluntarily apply to City to annex
the Property, City is willing to enter into this Agreement, but only upon the terms and
conditions setforth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
1. This Agreement is subject to the approval of the Secretary of State, after the
exhaustion of any and all appeals from the action of the Secretary of State or the
expiration of the time within which such appeals may be brought, approving the
voluntary annexation of the Property. In the event the Secretary of State approves such
annexation as to less than all of the Property, this Agreement shall be null and void with
respect to any of the Property not included by the Secretary of State.
2. Upon the filing of Developers' application for voluntary annexation, City shall
promptly consider the application and if the application is approved by the City Council,
transmit the application to the Secretary of State, Dubuque County Board of
Supervisors, each affected public utility, and the Iowa Department of Transportation as
provided by law. Developers agree not to withdraw the application or any part thereof
after its filing with City.
3. City agrees to improve as funding is available, but not later than ten (10) years,
the two curves between the bridge on North Cascade Road and Edval Lane, by
constructing two 12-foot travel lanes with 2-foot paved shoulders and an additional 8-
foot unpaved shoulder on both sides. Developer agrees to provide City with such
portion of the Property as City determines is necessary for public right-of-way to
accommodate said improvements, at appraised value determined as follows: City and
Developers shall have prepared an appraisal of the portion of the Property needed for
public right-of-way by a certified appraiser experienced in appraising similar types of
2
properties in the Dubuque area mutually selected by City and Developers. If either party
is dissatisfied with the appraisal or the parties cannot agree on an appraiser, each shall
appoint its own appraiser, each of which shall be experienced in appraising similar
types of properties in the Dubuque area and the two appointed by the parties shall
select a third experienced appraiser to appraise the property. The average appraised
values of the three appraisers shall be the appraised value of the portion of the Property
needed for public right-of-way for the purposes of this section 3. In accordance with
Iowa Code, if City vacates any portion of the Property purchased from Developer as
public right-of-way, said excess right-of-way shall be offered to the Developer as original
owner first. The price paid by the City for said public right-of-way shall be the price to
be paid by Developer, and surveying, platting, publication and filing fees for vacating
said public right-of-way shall be the City's cost.
4. City and Developers agree that the following terms and conditions of this
Agreement as stated in Sections 5 - 11 below shall not apply to that portion of the
Property legally described as Lot 2 of Valentine Place No.3, containing 9.457 acres, as
said lot is under contract for purchase by NCR Developers and shall be subject to the
terms and conditions of the Agreement between City and NCR Developers. City and
Developers further agree that the following terms and conditions of this Agreement as
stated in Sections 5 - 11 below shall apply to that portion of the Property legally
described as Parcel A of Valentine Place No.3, containing 49.165 acres.
5. City agrees that upon final approval of a final subdivision plat by the City Council
of the City of Dubuque for the Property and the commencement of construction by
Developer of the public improvements required by the resolution approving such plat:
a. City shall not later than twelve (12) months after the commencement of
such construction at City's sole expense extend a sanitary sewer collector
through the abutting property to the boundary line of the Property, and City
agrees to acquire any easements needed from the abutting property for
extension of said collector.
b. Developers agree to pay the City for the cost of the construction of a
collector from the boundary line to a developable point. Upon sale of each
lot, Developer shall pay to City an amount determined by dividing the cost
of construction of said collector by the number of lots served by the
collector. A balloon payment for any remaining balance shall be paid to
City not later than five (5) years from the date the collector is accepted by
the City Council. This cost will be calculated based on the actual
construction cost of that portion of the collector line.
c. Developers acknowledge that the fee for connection of lots in the Property
to City's sanitary sewer interceptor shall be $500.00 per acre excluding
areas delineated as flood plain on the FIRM (Flood Insurance Rate Map).
d. Developers agree that it shall be a requirement of the purchase of lots in
the Property that the Developers shall connect to said collector and shall
pay the interceptor connection charge established by City in the amount of
$500.00 per acre the entire subdivision excluding areas delineated as
3
flood plain on the FIRM pro rated on a per lot basis, at the time of
connection of the lots to City's sanitary sewer system.
e. City shall have no obligation to issue a permit for connection of any lot to
the sanitary system prior to the payment of the fee for such lot.
f. Developers shall, prior to the award of a contract for the construction of
the collector lines, execute and deliver to City, in a form acceptable to City
a promissory note and such other non-mortgage security as may be
acceptable to the City Manager in the City Manager's sole discretion.
6. City agrees that upon final approval of a final subdivision plat by the City Council
of the City of Dubuque for the Property and the commencement of construction by
Developers of the public improvements required by the resolution approving such plat:
a. City shall not later than twelve (12) months after the commencement of
such construction at City's sole expense extend a water main along North
Cascade Road, beginning at the new proposed entrance to NCR
development currently identified as Phase II of said development and
continuing south along North Cascade Road to Edval Lane approximately
1,630 feet, as shown on attached Exhibit B-3.
b. Developer shall pay a water connection fee for this development. This fee
is calculated based on $11.00 per lineal foot of property street footage
along North Cascade Road. This current connection fee is estimated to
be $17,930. This fee shall be paid prior to connection to the city water
system.
c. Individual water service tap fees per lot must be paid prior to the actual
water tap being installed. This fee is based on the size of the service line
and is subject to change annually.
d. Upon completion of the construction of the water main, all dwellings
constructed shall be connected to the water main.
7. City agrees to waive the $1,000 rezoning fee for the Property.
8. Failure by Developers to pay any. connection fee required by this Agreement
when due shall constitute a material breach of this Agreement for which City may
suspend further performance of its obligations under this Agreement until such breach is
remedied.
9. This Agreement shall apply to and bind the heirs, successors, and assigns of the
parties.
10.AII understandings and agreements, if any, previously made between the parties
hereto are merged in this Agreement, which alone fully and completely expresses their
understanding with respect to the subject of this Agreement. This Agreement may not
be modified except by an amendment executed by both of the parties.
4
11. Upon execution of this Agreement, City shall promptly record this Agreement with
the Dubuque County Recorder.
CITY OF DUBUQUE, IOWA
Attest:
Jeanne F. Schneider, CMC
City Clerk
By:
Roy D. Buol
Mayor
DUBUQUE COUNTY
)
)
)
ss:
STATE OF IOWA
On this day of , 2006, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared ROY D. BUOL and
JEANNE F. SCHNEIDER, to me personally known, who being by me duly sworn, did
say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a
municipal corporation; that the seal affixed to the foregoing instrument is the corporate
seal of the corporation; that said instrument was signed and sealed on behalf of the
corporation by authority of its City Council, as contained in Resolution No.
passed by the City Council on the _ day of , 2006, and that ROY D. BUOL
and JEANNE F. SCHNEIDER acknowledged the execution of the foregoing instrument
to be their voluntary act and deed and the voluntary act and deed of the corporation, by
it and by them voluntarily executed.
Notary Public in and for said State
DEVELOPERS
Gary L. Valentine
Mary Beth Valentine
5
STATE OF IOWA
DUBUQUE COUNTY
)
)
)
ss.
On this day of , 2006, before me, the undersigned, a Notary
Public in and for said State, personally appeared GARY L. VALENTINE and MARY
BETH VALENTINE, to me personally known, who being by me duly sworn, did say that
they are the Property Owners; and that the said GARY L. VALENTINE and MARY
BETH VALENTINE, acknowledged the execution of said instrument to be the voluntary
act and deed of said corporation, by it and by them voluntarily executed.
Notary Public in and for said State
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Ii 110110
February z.~. 2006
Mayor Roy Buol and the
Dubuque City Council
City Hall
13 th and Central
Dubuque, IA 52001
Re: Request for Voluntary Annexation to City of Dubuque
Dear Mayor Buol 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:
Lellal Descriotion
Parcel No.
That portion of Lot 2 and Lot 2 of Lot 1 of Valentine
Place in Township 88 North, Range 2 East of the 5th
P.M. according to the recorded plat thereoflying east
ofa line running 125 feet to the east of Ed val Lane
1503127003
1503127004
Attached is a map showing the property to be annexed outlined in red.
Respectfully submitted,
~a~
Gary ~alentine
'fl1~ &ti1 !/ohJlAu'
Mary Beth entme
Approx.
Acrea~e
30
18.24
Dli.b1,U:llie {a~ MiJPping
. of 1
, Dubuque GIS IV
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Oty of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
o Variance
OCondtional Use Permit
OAppeaI
OSpecial Exception
OUmited Setback Waiver
~zoning
OPlanned DlstJict
OPrelininaoy Plat
OMinor Rnal Plat
[]Text Amendment
OSimple Site Plan
OMinor Site Plan
o Major Site Plan
o Major FIllaI Plat
OSimple SUbdivision
OAnneJGItion
[]Temporaoy Use Pennit
OCertlfioate of Ealllomic Non-Viability
OCertiflcate of Appropriateness
OOther:
PI--e bDe or Drint legibly in ink
Propertyowner(s): ~'f L -~,u.,.,.y 13c-+-I... UC1.r=-~:,,,- Phone: !;S(. -'""So
Address:
,1:"",),.,,,, I Lo-~ Oty: Du...... 't'~'
State:~ Zip:
Fax Number:
Applicant/Agent: M"".j.;" ,"e. Ala.,.. er-
Address: lo:U; ~"'.......; ~ c............+-
Mobile/Cellular Number:
Phone: ~S7. /7/~
Oty: D....'".......e. State:...IA... Zip: S".2DC:>""l.
Fax Number:
5e2-b(3~<r
MobiIe/CeIllJar Number:
~qD - "217"S
Site location/address: ~+\..c:As.+ ("...mer ~ JtJ<!lr'If..c...~oOc. R~ "",;) r::2l U.../ c.-.,
Existing zoning: r.....+'f Proposed zoning: ~- 3. Historic District: IJ /A Landmar1<: JJ /A
....
Legal Desaiption (Sidwell pan::el ID# or lot number/bkxX number/subdivision): I So 3/2 7 OO:?
0-<;) -it: ISD:;//Z .,oo~
Total property (lot) area (square feet or acres): 4B. Zq
Desaibe proposal and reason necessaoy (atladl a letter of explanation, if needed): (2c-z:_:na p"-""",-"
C....,c...,.....c...} w,.+t... ....,,,c......../........ -1-.. fk.. c.:-I-1 oJ O...IoU<f.UC-
CERTIFICATION: l/we, the undersigned, do hereby certify that:
1. The information submitted herein is true and oorrec.t to the best of my/our knowledge and upon
submittal bemmes public record;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required W1itten and graphic materials are attac.hed.
Property Owner{s):
Applicant/Agent: -t-. ~
Date:
Date: :?[77{~t..-
FOR OmCE USE O~UCAnON SUBMITTAL CHECKUST
Fee: - Received by: "1Z . Date: 2,27.",1- Dod<et:
DSite/sketx:h plan DConoeptual lopment Plan Dphoto Dlmprovement plans
DDesign review project desaiption DAoor plan Dplat DOther:
REZONING STAFF REPORT
Zoning Agenda: April 5, 2006
Property Address: Southeast corner of North Cascade Road at EdVal Lane
Property Owner: Gary and Mary Beth Valentine
Applicant Gary and Mary Beth Valentine
Proposed Land Use: Residential
Proposed Zoning: R-3
Existing Land Use: Agricultural
Existing Zoning: County A-1/ R-2 Single-Family
Residential
Adjacent Land Use: North - Agricultural
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
Former Zoning: 1934 -N/A; 1975 - N/A
1985 -A-1/R-2
Total Area: 58.622 Acres
Property History: The subject property has been used for agricultural purposes since its
settlement.
Physical Characteristics: The subject property is characterized as rolling topography
and generally drains toward the southeast.
Concurrence with Comprehensive Plan: The subject request is consistent with the
Comprehensive Plan's Land Use Element: Goals 1.2,1.5,6.3,7.3,9.2,9.3,9.5,10.2,
10.4, and 10.6.
Impact of Request on:
Utilities: Existing City utilities can be extended to serve the subject property;
however the timing of utility extensions is dependent on development of adjacent
property.
Traffic Patterns/Counts: The subject property will have access to North Cascade
Road. Based on 2001 lOOT traffic counts for Dubuque County, North Cascade
Road carries approximately 1,100 average daily trips.
Public Services: Existing public services are adequate to serve the area.
Rezoning Staff Report - Southeast corner of North Cascade Road at EdVal Lane
Page 2
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control is provided during all phases of development,
and that storm water control is provided as per City Ordinance and policies.
Adjacent Properties: 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: The applicants are requesting rezoning of approximately 58.622 acres
from County A-1 Agricultural/R-2 Single-Family Residential District to City R-3
Moderate Density Multi-Family Residential District in conjunction with annexation of the
property to the City of Dubuque. The subject property lies south of North Cascade
Road and east of EdVal Lane.
The applicant is requesting rezoning to R-3 Moderate Density Multi-Family Residential
to provide flexibility in developing the 58.622 acres. The applicants at this time do not
have immediate plans for development of the property, but the R-3 zoning is consistent
with the requested zoning being made by NCR Developers, Inc. immediately adjacent
to this property to the east. The property to the north of North Cascade Road is
developed for single-family residential homes, is in Dubuque County, and is zoned R-1
Single-Family Residential.
The requested rezoning to R-3 Moderate Density Multi-Family Residential District would
allow for a mixture of housing types, including single-family homes, duplexes and multi-
family structures up to six units in a building. North Cascade Road will serve as a
transition from the existing single-family homes on the north side of the roadway and
the proposed R-3 zoning. The topography is such that the property owned by the
Valentines lies below adjacent property on the north side of North Cascade Road.
Development of the Valentine's property would not significantly impact adjacent
property, other than an increase in the volume of traffic on North Cascade Road.
City water and sewer facilities will be extended through the NCR development to serve
the subject property. Storm water generally drains to the southeast. Storm water
control will be part of any future development of the subject property, which must be
reviewed and approved by the City Engineering Department. The proposed route of the
Southwest Arterial lies approximately 1,000 feet to the south of the subject property and
will not be impacted by development of the subject property.
Rezoning Staff Report - Southeast corner of North Cascade Road at EdVal Lane
Page 3
The City of Dubuque plans to reconstruct a portion of North Cascade Road that lies
west of the Catfish Creek heading up the hill toward EdVal Lane, specifically, the two
curves that were identified as being a concern from a safety standpoint. It is the intent
of the City to list this improvement in its Five Year Capital Improvement Program
subject to availability of funds. The City anticipates that the work would be done within
six years. The City feels this timeframe is adequate as there is no specific timeframe
for development of the Valentine property and while the NCR Development, Inc. does
plan to move forward with development of their property, the development of the
property will take several years and traffic volumes will remain relatively low in the early
years of the development.
The Zoning Advisory Commission and City Council will again be reviewing this property
as part of submittal of preliminary and final subdivision plats.
Planning staff recommends that the Zoning Advisory Commission review Section 6-1.1
of the Zoning Ordinance that establishes the criteria for rezoning requests. If the
commission chooses to recommend approval, the approval should be subject to
annexation of the property to the City of Dubuque.
Prepared by:
Reviewed:
Date: