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Annex NCR Develop. 181.59 acres Dli~~E ~ck~ MEMORANDUM June 2, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Voluntary Annexation Request of NCR Developers, Inc. Planning Services Manager Laura Carstens is recommending approval of the voluntary annexation of NCR Developers, Inc. for 181.59 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. AlknAtL MiChael C. Van Milligen ---- MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager i5~~~E ~~~ MEMORANDUM May 31,2006 TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager ~ RE: Voluntary Annexation Request of NCR Developers, Inc. Introduction This memo transmits a resolution approving the request from NCR Developers, Inc. (submitted by Martin McNamer) for voluntary annexation of 181.59 acres of property west of Manson Road and south of North Cascade Road, in conjunction with rezoning the property to R-3 Moderate Density Multi-Family Residential. (American Trust & Savings Bank has a one-half interest in two of the three parcels as a trustee, and is the contract seller.) A staff report, development annexation agreement, maps, and application materials concerning the NCR Developers' 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. 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 south of the property. On April 5, 2006, the Zoning Advisory Commission recommended approval of R-2 Two- Family Residential rezoning rather than the R-3 requested by NCR Developers. Mr. McNamer indicated at the meeting that R-3 zoning provides flexibility in developing the Page 2 of 4 property with a mixture of housing styles and range of prices. Mr. McNamer wants the R-3 zoning for this 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 additional8-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 NCR Developers 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. >- NCR Developers 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 NCR Developers 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, NCR Developers 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 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. Page 3 of 4 ~ Upon approval of a final subdivision plat for the NCR Developers property and the commencement of construction of the public improvements for this subdivision, the City will extend at the City's expense the existing water main along North Cascade Road to the new proposed intersection entrance of the NCR Development. ~ The City will provide the upfront cost to the developer as a loan in extending an 8 inch water main from the new proposed intersection of this development on North Cascade Road to a developable point of property in Phase II of the development. This is estimated to take approximately 790 feet of 8 inch water main at a cost not to exceed $52,000.00. ~ As a condition to this interest free loan for the construction of water main to serve this portion of the development, NCR Developers will need to have prepared at their expense, by an Iowa Licensed Professional Engineer, all plans, specifications, construction and bid documents for the purpose of soliciting bid proposals for the construction of the water main necessary for the City to comply with the requirements of state law for public improvement contracts, and then submit these plans, specifications, and construction documents to the City. ~ The water main connection fee for this development in the estimated amount of $1 ,100 will be incorporated into the loan agreement. As lots are sold, the property owner will connect to the water main and pay the current water service line tap fee(s). This fee is set based on the size of the service line and is subject to change annually. ~ NCR Developers will need to agree to reimburse the City for any monies spent by the City on the construction of the developments, infrastructure water main and its connection fee as each lot served by the water main is sold within Phase II of development, with a balloon payment for the balance due no later than five (5) years from the date this water main is accepted by the City Council. ~ As security for the loan by the City, NCR Developers must, prior to the award of a contract for the construction of the water main, 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. ~ 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 of five 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%). Page 4 of 4 >- Since the NCR Developers rezoning was filed in conjunction with annexation, the $1,000 rezoning fee is waived. Recommendation I recommend that the voluntary annexation request of NCR Developers 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 NORTH CASCADE ROAD DEVELOPERS, L.L.C. AND AMERICAN TRUST & SAVINGS BANK, AS TRUSTEE Whereas, North Cascade Road Developers, L.L.C. and American Trust & Savings Bank, as Trustee, as property owners have submitted a written application for voluntary annexation of approximately 181.59 acres of territory lying outside the corporate limits of the City of Dubuque, Iowa, as shown in Exhibit A and legally described as: Lot 4 of the NE Yo of Section 3, T88N, R2E of the 5th P.M. in Dubuque County, Iowa; Lot 6 of the NE Yo of Sec.tion 3, T88N, R2E of the 5th P.M. in Dubuque County, Iowa; and That portion of Lot 2 of Henschel-McNamer Place, Plat #2 lying outside the City of Dubuque in Section 3, T88N, R2E of the 5th P.M. in Dubuque County, Iowa; and WHEREAS, American Trust & Savings Bank, Trustee of the Mildred L. Henschel Trust Agreement Dated August 22, 2005, is Contract Seller of an undivided one-half interest in Lot 4 and Lot 6 of the NE Yo of Section 3, T88N, R2E of the 5th P.M. in Dubuque County, Iowa; 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 Resolution No. - 06 Page 2 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 1 sl Precinct of the 1 st 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: 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. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk ~J ~ Is t 0:: U Z Q) -c co o IJl CO U .r::~ t::C o :J ZO _u o Q) .r:: :J -0" :J :J 0.0 C/):J . . 0 C C 0._ +:;"'0 CO CO o 0 .30:: ...: Q) E CO z o ::a: C 'Ec.:i CO C ::a:- IJl ..... '+';<1.) Co. CO 0 .~ Qi a.> 0.Q) <(0 Co CUt>> :!: .5 ~c ._ 0 C N .- CI) . ~ a:::: > , ........8 .r:: co- :!::: ..... 0 > :J"i:: ~;::- -1;)=C _ "S .- E 0 000 +' Q) .- CO 0 .~ en co LT c .0 <( ._ ._ :J :J .......:!::::._ 1Jlor-a;:Ja Q)<(-c::a:o C .- o ~ le ~.s ~ 3 0:: '(jj t5 ..... 0 ;>. 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Lindahl 300 Main Street Sutte 330 Dubuque IA 52001 563 583-4113 Return to: Jeanne Schneider, City Clerk Address: Cijy Hall, 50 W. 13th Sl. Telephone: 589-4120 AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND NORTH CASCADE ROAD DEVELOPERS, L.L.C. AND AMERICAN TRUST & SAVINGS BANK, as Trustee 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 North Cascade Road Developers, L.L.C. (Developer) and American Trust & Savings Bank, Trustee. WHEREAS, Developer is the owner of the real property shown on attached Exhibit A, and legally described as follows (the Property): Lot 4 of the NE 11.. of Section 3, T88N, R2E of the 5th P.M. in Dubuque County, Iowa (parcellD# 1503200006); and Lot 6 of the NE 11.. of Section 3, T88N, R2E of the 5th P.M. in Dubuque County, Iowa (parcellD# 1503200005); and That portion of Lot 2 of Henschel-McNamer Place, Plat #2 lying outside the City of Dubuque in Section 3, T88N, R2E of the 5th P.M. in Dubuque County, Iowa (parceIID# 1502151005 and parcel 10# 1502251002); and WHEREAS, American Trust & Savings Bank, Trustee of the Mildred L. Henschel Trust Agreement Dated August 22, 2005, is Contract Seller of an undivided one-half interest in Lot 4 and Lot 6 of the NE 11.. of Section 3, T88N, R2E of the 5th P.M. in Dubuque County, Iowa; and WHEREAS, Developer intends to request City to annex the Property; and 1 WHEREAS, as an incentive to Developer to voluntarily apply to City to annex the Property, City is willing to enter into this Agreement, but only upon the terms and conditions set forth 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 Developer's 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 Developer 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 properties in the Dubuque area mutually selected by City and Developer. 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 Developer agree that the following terms and conditions of this Agreement as stated in Sections 5 - 11 below also shall apply to additional Property legally described as lot 2 of Valentine Place No.3, located in the NW Yo, Section 3, T88N, R2E of the 5th P.M., Dubuque County, Iowa containing 9.457 acres, as said lot is 2 under contract for purchase by Developer from Gary L. and Mary Beth Valentine for the purpose of providing access to North Cascade Road for the Property being annexed by Developer. 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 sanitary sewer collector lines as needed through the abutting property to the boundary line of NCR property, and City agrees to acquire and pay for any easements needed from the abutting property for extension of said collector. b. Developer agrees 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. Developer acknowledges 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. Developer agrees that it shall be a requirement of the purchase of lots in the Property that the Developer shall connect to said collector and shall pay the interceptor connection charge established by City in the amount of $500.00 per acre for the entire subdivision, excluding areas delineated as flood plain on the FIRM, pro rated equally over each lot which connects to the South Fork Phase I Interceptor. The fee shall be paid at the time of connection to City's sanitary sewer system. The City in its sole discretion may waive part of this fee in the event some of the lots in the subdivision connect to the original South Fork sewer. 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. Developer 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 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 water main on North 3 Cascade Road to the new proposed intersection entrance of the NCR Development as shown on attached Exhibit B-1. 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 frontage on North Cascade Road. This current connection fee is estimated to be $1,100. The payment schedule for this fee will be incorporated into the same terms and conditions of the loan agreement per Section 5.g. of this Agreement. 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 subjectto change annually. d. City shall extend an estimated 790 feet of B inch water main, at a cost not to exceed $52,000.00, from the new proposed intersection of this property on North Cascade Road to a developable point of property in Phase II of this development as shown on attached Exhibit B-2. e. Developers shall cause to be prepared at their expense by an Iowa licensed professional engineer and submit to City all plans, specifications, construction and bid documents necessary for purpose of soliciting bid proposals for the construction of said water main for City to comply with the requirements of state law for public improvement contracts. f. Upon completion of the construction of the water main, all dwellings constructed shall be connected to the water main. g. City shall establish a fee for the connection of any lot in Phase II of this development to City's water main, which fee shall be paid by Developer to City at the time of the sale of any such lot. Each such fee shall be credited toward Developer's loan of City funding for the installation of the water main infrastructure of said development including its connection fee. Not later than five (5) years from the date of this Agreement, the entire balance of the loan with a balloon payment shall be paid by Developer to City. h. City shall have no obligation to issue a permit for connection of any lot to the water main prior to the payment of the fee for such lot. i. Developer shall, prior to the award of a contract for the construction of the water main, 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. 7. City agrees to waive the $1,000 rezoning fee for the Property. B. Failure by Developer 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. 4 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. 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 STATE OF IOWA DUBUQUE COUNTY ) ) ) ss: 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 NORTH CASCADE ROAD DEVELOPERS, L.L.C. Martin J. McNamer Secretaryffreasurer 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 MARTIN J. MCNAMER, to me personally known, who being by me duly sworn, did say that he is the Secretaryrrreasurer of said corporation; that no seal has been procured by the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said MARTIN J. MCNAMER, as Secretaryrrreasurer, 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 AMERICAN TRUST & SAVINGS BANK, Trustee of the Mildred L. Henschel Trust Agreement Dated August22,2005 Chris M. Even, Vice President 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 CHRIS M. EVEN, to me personally known, who being by me duly sworn, did say that she is the Vice President of said corporation; that no seal has been procured by the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said CHRIS M. EVEN, as Vice President, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation and of the fiduciary, by it and by them as fiduciary voluntarily executed. Notary Public in and for said State 6 ~l 1 f :::::.9 = (tJ....... .- ..... U :> ~"C >.;> ..............:-=c .... "S .!1! E.2 ~ .~ 0 m t5 "- 0, ml.l;- C .0 <( '-::l ::s ~ =:"_ (/)......5;::l6 Q)<(-c:2u C >-'(jj :>. C 0.... Q) "",'._ :!! 5 ~'(jj t5 '- 0 ~ ffi";:: o U .- 0 1ii I- E Q)'- Em....O .. 0l.L. m_ CL... I '-COC o _ Q) Q).- 0 .- - "0 ....... .- o.~CloC1i3 .- ..... C "'" Q) >< ..... Q) .- "'" -c :il 0. 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H-~ . . ! . ~ z "C , ~! i Q) " Ii ~ ..J :: ::II , :J ! ! ~ 5 i ! :: S f .t j i - f i . . ]du~H 11110110 N I (l) :~ ..c .c x W In ...... C Q) E Q. o Q) > Q) o ""C III o a::: Q) ""C III U In III () .c t o Z I thO. 'J~8il U !.ilj aJi~J ~tl~[i. r1 j'jIP'gl H . n 04 ~ ! . !I ~ '~8 <1:112: !: h1 '.0 U1Ul!' €~i ~H 6 z ~ g'i ~ j . ~ r ~ 1 i f "C . c:: 1 " en i j. t j I . i ; ! . l ! 1 ~ ; ~ Ii ~ ~ j . jjH~J . I I IO~ID ,. -2....... February ~", 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, North Cascade Road Developers, L.L.C., and American Trust & Savings Bank, Trustee of the Mildred L. Henschel Trust Agreement Dated August 22, 2005, hereby request that the following described real estate be annexed into the City of Dubuque, subject to pre-development agreement between North Cascade Road Developers, L.L.C. and the City of Dubuque: Approx. Lellal Descriotion Parcel No. Acrealle Lot 4 of the NE 1/4 of Section 3, Township 88 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the recorded plats thereof 1503200006 46.7 Lot 6 of the NE 1/4 of Section 3, Township 88 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the recorded plats thereof 1503200005 80.0 Lot 2 of Henschel-McNamer Place, Plat #2, in the City of Dubuque, and Dubuque County, Iowa, according to the recorded plat thereof, except that portion which is a part of the City of Dubuque 1502151005 1502251002 55.0 Attached is a map showing the property to be annexed outlined in red. Respectfully submitted, NORTH CASCADE ROAD DEVELOPERS, L.L.C. t,>o- c:~ By -- Martin J. McNamer, Secretary and Treasurer AMERICAN TRUST & SAVINGS BANK, Trustee of the Mildred L. Henschel Trust Agreement Dated AUgu2} ~005 (;' . By Y..u ~J-fAA-- Chris M. Even, Vice President as Contract Seller of an undivided one-half interest in Lot 4 and Lot 6 of the NE 1/4 of Section 3, Township 88 North, Range 2 East of the 5th P.M, according to the United States Government Survey and the recorded plats thereof Dubuque GIS ,Mgpping : j 6fj Dubuque GIS Maf: http'I.v-o-yw, dbq,~pVIIM~1 17'., \ve.bZ~dub"uqi."elpri'f'lt. d6?ti tI i;Box .:&1&1:titl e",D.:Jb:aq ue- :3(M0vrJ ~ ~ ~ N ARTICLES OF ORGANIZATION OF NORTH CASCADE ROAD DEVELOPERS, L.L.c. u.. ..J W Ul g d ~ ~THE SECRETARY OF STATE $THE STATE OF IOWA: o tJl -'1 rT1 o:J --';" The name of the limited liability company shall be N~thc;S;~. Cascade R,oad Developers, L.L.C. 0 ",-c.,, -0 J..,~-;'., ::c 0:"1,.._. if> ti! ~ '" '-< ~ rn the limited 52002. The McNamer. ~', The undersigned, acting as a member and organizer of a limited 8 liability company organized under the Iowa Limited Liability ~ Company Act, Chapter 490A, Code of Iowa, does hereby adopt the <( following Articles of Organization for such limited liabilitY<D company. ;:::. <"l N .... ,'l " ~ r.., ARTICJ:.E I NAME OF THE LIMITED LIABILITY COMPANY 'ARTICLE II REGISTERED OFFICE AND REGISTERED AGENT The address of the initial registered office of liability company is 5070 Wolff Road, Dubuque, Iowa initial registered agent at such address is Martin J. ARTICJ:.E III PRINCIPAL OFFICE The address of the principal office of the limited liability company is 5070 Wolff Road, Dubuque, Iowa 52002. ARTICLE IV PERIOD OF DURATION The limited liability company's existence shall commence upon the acceptance of these Articles of organization by the Secretary of State of Iowa for filing in accordance with the Iowa Limited Liability Company Act and shall continue for a period of 50 years, unless dissolved sooner pursuant to the terms of its operating agreement or as otherwise provided by law. ARTICJ:.E V CERTIFICATES OF MEMBERSHIP A member's interest in this limited liability company shall be evidenced by a certificate of membership interest issued by the company; and a member's interest in the company and a certificate representing such interest may not be transferred except upon the n-, "1~""'-''''':_ 'L~ Ii' ~. -',;: ;jr!,;_. '-""';'''' ';,j @J books of the company after compliance with the terms of the operating agreement. ARTICLE VI WRITTEN OPERATING AGREEMENT This limited liability company shall enter into an operating agreement providing for the administration and regulation of its affairs. Provisions relating to management, management terms and responsibilities, membership, voting, ownership of certificates and transfer thereof, capital contributions and financial matters, and miscellaneous substantive and procedural matters shall be set forth in the operating agreement of the company. Any operating agreement entered into by the members of the limited liability company, and any amendments or restatements thereof, shall be in writing. No oral agreement among any of the members of the limited liability company shall be deemed or construed to constitute any portion of, or otherwise affect the interpretation of, any written operating agreement of the limited liability company, as amended and in existence from time to time. ARTICLE VII BUSINESS PURPOSES This limited liability company may engage in any lawful business and shall have all powers provided by law which are necessary or convenient to accomplish said business. ARTICLE VIII MANAGEMENT The management of the company shall be vested in its members in the manner described in the operating agreement of the company. No member shall be an agent of the company unless expressly authorized by the operating agreement. No members' or any other persons' act shall bind the company except as may be expressly authorized by the operating agreement of the company. ARTICLE IX LIMITATION OF LIABILITY OF MEMBERS A member of the company shall not be personally liable to the company or to its members for monetary damages for breach of fiduciary duty as a member, except for liability (a) for a breach of the member's duty of loyalty to the company or its members, (b) for acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law, or (c) for a transaction from which the member derives an improper personal benefit or a wrongful distribution in violation of Section 4 90A. 807 -2- n~j''''11,r:''''~''''1 U .1' ":."..'-, ~r '.i of the Iowa Limited Liability Company Act. If the Iowa Limited Liability Company Act or other applicable law is hereafter amended to authorize the further elimination or limitation of the liability of members, then the liability of a member of the company, in addition to the limitation on personal liability provided herein, shall be eliminated or limited to the extent of such amendment, automatically and without any further action, to the maximum extent permitted by law. Any repeal or modification of this article by the members of the company shall be prospective only and shall not adversely affect any limitation on the personal liability, or any other right or protection, of a member of the company with respect to any state of facts existing at or prior to the time of such repeal or modification. ARTICLE X NO SEAL The limited liability company shall have no seal. ARTICLE XI EXBCUT:ION OF DOCUMBlllTS Al'I'BC'l':ING REAL BSTATE Any and all documents affecting real estate, including, without limitation, purchase agreements, offers to purchase, warranty deeds, installment real estate contracts, mortgages, leases, assignments, plats and restrictive covenants may be executed, acknowledged, and delivered by any of the following officers of the company in the name of and on behalf of the company and only one such signature shall be required: President, Vice President, Secretary, or Treasurer. IN WITNESS WHEREOF, the undersigned member and organizer has caused the execution of the foregoing Articles of Organization on this ~\ day of January, 2005. -~ . ~ ------. Mart1n J. McNamer Organizer and Member n *:~~.:'70,,1~ _......J '.' . FILED IOWA SECRETARY OF STATE ::? ' I 0 -os- ~'dqn." liiiillll -3- ffi~ ~~~ Oty of Dubuque Planning Servia!s Department Dubuque, IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 o Variance DCondltlonal Use Permit DAppeal DSpedal Exception DUmited Setback waiver PLANNING APPUCATlON FORM ~ning DSimple Site Plan DPlanned District DMinor Site Plan DPreliminary Plat 0 Major Site Plan DMlnor Final Plat 0 Major Final Plat OText Amendment DSlmp/e SutKflVision DAnnexation OTempoolry Use Permit DCertlllcate of Emnomic Non-Viability DCertlftcate of Appropriateness DOther: Please tvoe or Drint legibly in Ink Propertyowner(s):~ C. R.. ~-.)Jl..\ o~ / k",. Phone: ~l..a3S8~-~"1lp2-- Address: F;~., c::::". ~l~ t& Oty~~ 5tate:CJi. Zip: ~~2..... Fax Number: 5l...3> 5 ~ ;>. 6~~ Mobile/Cellular Number: ~3 5'1'\:::. ~ 1'73 Applicant/Agent: Jv\.I>.-cl--.-J Mc...~~/L. Phone: -:sc.3 r;s 7 J '1/2- Address:J~3~ ~Ni," t'1.-. Oty:""hBl:S.... 5tate:~Z1p: ~z.C>~ Fax Number: "5l....'3 5~2..!S~~9 Mobile/Cellular Number: 5<"'3 -Sq<e:.'::l..(13 Site location/address: ~. t::>~ ~~d\- ~~ l2.s;:.. Existing zoning: C.."",-I-y Proposed zoning: 12. - b Historic Dlsbid: J/ /,4 Landmark: N / A- , . Legal Description (Sidwell parcel 10# or lot number/bled< number/subdivision): J ~ -z., "Z. ~~.....l.. .Jf:.t:."3 '2...~-...:5") I ~ C"2. \.S , ~S- / 15~:J /_5 I C~., Total property (lot) area (square feet or acres): I \S I .'1 Ac:t.IlJe.~ Describe proposal and reason necessary (attach a letter of explanation, If needed): ~~?_....\..., "pJ\o,.~ ('...,.,s............_+ '-3.,.\.... 4........v..j...... <lo ..).J..... c."+r ~ -n.~ \ . CERTIFICATION: l/we, the undersigned, do hereby certify that: 1. The infonnation submitted herein is true and oorrect to the best of my/our knowledge and upon submittal beoomes public recon:I; 2. Fees are not refundable and payment does not guarantee approval; and 3. All additional required wrltten and graphic materials are attached. Property Owner(s): ~ Applicant/Agent: _~ ~/ ~ Date: :l. ( 2- '!J 't::> \.. Date:~ _ FOR ~mCE U~L~ rnON SUBMITTAL CHECKUST Fee: Recetved by: - Date: ~h~o~ Docket: OSile/sketd1 plan OConceptual Development Plan OPhoto Olmprovement plans DDesign review project description OFloor plan OPfat OOther: . ANNEXATION STAFF REPORT Council Agenda: June 5, 2006 Property Location: South of North Cascade Road Property Owner: NCR Developers, Inc. / Martin McNamer Legal Description: See Exhibit A Proposed Land Use: Residential Proposed Zoning: R-3 Existing Land Use: Agricultural Existing Zoning: County A-1/ R-2 Single-Family Adjacent Land Use: North - Vacant East - Vacant South - Agricultural West - Agricultural Adjacent Zoning: North - A-1 Agricultural East - County R-2/C-1 Conservancy South - County A-1/C-1 West - County A-1 Flood Plain: No Total Area: 181.59 acres Water: No Existing Street Access: No Storm Sewer: No Sanitary Sewer: Yes Purpose: To rezone to R-3 Moderate Density Multi-Family Residential for future mixed residential development in conjunction with annexation. Physical Characteristics: The subject property is located west of Manson Road and south of North Cascade Road. The property is characterized as a rolling topography with wooded ravines and hillside on the north end of the property. It has been used for agricultural purposes since it's been cleared of trees. 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. Traffic Patterns/Counts: The subject property would be served by an extension of the public street to be built as part of Timber-Hyrst Estates Subdivision, currently ANNEXATION STAFF REPORT - NCR Developers Page 2 within the City of Dubuque corporate limits, and a future access to North Cascade Road through a portion of the Valentine property. 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 after development. Adjacent Properties: The impact to adjacent properties will mostly be through increased volume of traffic on North Cascade Road and Manson Road and an increase in the ambient light level. 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. 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 recornmendation foran 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 NCR Developers. Mr. McNamer indicated at the meeting that R-3 zoning provides flexibility in developing the property with a mixture of housing styles, including single-family detached houses and townhouses, in a range of prices that will vary in terms of lot size and frontage. Staff recommends approval of the annexation request. Prepared by: Reviewed: Date: