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Annexation - Motor City, Herrig's Butlers D~~~E ~ck~ MEMORANDUM June 15, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Voluntary Annexation Requests of Motor City LLC I Wendell Corey, John and Sally Jo Herrig, and Dean and Patricia Butler Planning Services Manager Laura Carstens is recommending approval of a voluntary annexation requests for Motor City LLC /Wendell Corey, John and Sally Jo Herrig, and Dean and Patricia Butler. The key elements of the voluntary annexation request for 8 acres from Dean and Patricia Butler and approval of an Annexation Agreement include the City providing for the transition for the impact of City property taxes against the property for a period of five years: a. For the five year, 75%; b. For the second year, 60%; c. For the third year, 45%; d. For the fourth year, 30%; and e. For the fifth year, 15%. The voluntary annexation request for 112.10 acres from John and Sally Jo Herrig and approval of an Annexation Agreement includes annexation of 0.647 acres of adjacent county right-of-way to the centerline of Derby Grange Road. The key points in the Herrig Annexation Agreement include: · The City will construct a sanitary sewer to serve the Herrig property and the developer will pay a $500 per acre connection fee as the lots are sold, with a five- year balloon payment. The 37 acres being used for their private residence will have a $5,000 connection charge payable when their home is connected to City sanitary sewer. · The City will provide an interest-free loan of $50,000 for the construction of a sanitary sewer to serve Phase I of the development. The loan will be repaid as lots are sold, with a balloon payment at five years. · The City will provide an interest-free loan of $50,000 for the construction of a water main to serve Phase I of the R-3 District. The loan will be repaid as lots are sold, with a five-year balloon payment. The City agrees to impose City property taxes on the property on a graduated basis over five years. The voluntary annexation request for 75 acres from Motor City LLC and approval of an Annexation Agremeent includes the following key elements: · The City will construct a lift station and force main sanitary sewer to serve the property. The connection fee will be $500 per acre paid as lots are sold, with a five- year balloon payment. · Motor City will construct a graded road north to the property owned by John and Sally Jo Herrig by July 1, 2007. · The City will construct the force main in the graded road. · Motor City will construct a water main in the graded road north to the Herrig's property. · The City agrees to impose City property taxes on the property on a graduated basis over five years. These arrangements are consistent with the City's budgeting of funds for these purposes. I concur with the recommendation and respectfully request Mayor and City Council approval. /Z,J ~~( Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager D~~%duE ~<-k~ MEMORANDUM June 8, 2006 TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager ~ RE: Voluntary Annexation Requests of Motor City LLC / Wendell Corey, John and Sally Jo Herrig, and Dean and Patricia Butler INTRODUCTION This memo transmits a request for annexation of 195.747 acres of territory on the northwest side of Dubuque, north of Asbury Plaza Shopping Center and south of Derby Grange Road, and including 0.647 acres of County right-of-way in Derby Grange Road. This item is set for public hearing at the City Council's June 19, 2006 meeting. The request includes: ~ An application from Motor City LLC (submitted by Wendell Corey) for annexation of 75 acres of property, in conjunction with rezoning the property to PUD Planned Unit Development with a PC Planned Commercial designation. ~ An application 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. In addition, 0.647 acres of adjacent County right-of-way to the centerline of Derby Grange Road would be annexed. ~ An application from Dean and Patricia Butler for annexation of 8 acres of their property south of Derby Grange Road, in conjunction with rezoning their property to R-3 Moderate Density Multi-Family Residential. A resolution approving the voluntary annexation request and supporting documentation required for filing with the State of Iowa is enclosed. Staff reports, application materials, and agreements for the Motor City/Corey, Herrig, and Butler requests are enclosed. , ' Voluntary Annexation Request of Motor City/Corey, Herrig and Butler Page 2 of 6 BACKGROUND The property requested for annexation lies within the urbanized areas of the City of Asbury and the City of Sageville, as shown on the enclosed city view map. Iowa Code allows for these types of voluntary annexation requests be approved first by the Dubuque City Council, and then by the State of Iowa's City Development Board. The Motor City/Corey property meets Iowa Code requirement for 50 feet of adjacent boundary for annexation to the City of Dubuque. The Herrig property meets Iowa Code requirements for 50 feet of adjacent boundary for annexation to the City of Dubuque when combined with the Motor City/Corey annexation request. It avoids the creation of an island of unincorporated territory when combined with the Butler annexation. State law requires that the City annex to the centerline of any adjoining County secondary road, so 0.647 acres of adjacent public right-of-way for Derby Grange Road is included in the Herrig annexation request. Conformance with City Plans The annexation territory 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 Comprehensive Plan includes goals and objectives supporting annexation of land for residential and commercial 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 commercial and residential development. County Consultations For annexation of territory within an urbanized area, State law directs that the City of Dubuque provide written notice to and hold a consultation with the County Board and Trustees of the Township that contains all or a portion of the territory to be voluntarily annexed. Correspondence with the Dubuque County Board of Supervisors and Dubuque Township Trustees is enclosed. State law also requires consultation with the County to verify legal descriptions of the annexation territory. Correspondence with the County Auditor is enclosed. Proposed Rezoning The Zoning Advisory Commission recommended approval of the PC rezoning of the Motor City/Corey property. This rezoning is an extension of the PUD that exists on Mr. Corey's property to the south of the annexation area. This PUD is already in the city limits and is under development. The Zoning Advisory Commission recommended rezoning to R-2 Two-Family Voluntary Annexation Request of Motor City/Corey, Herrig and Butler Page 3 of 6 Residential zoning rather than the R-3 requested by the Herrigs. The Commission also recommended that the C-3 District utilize the rear yard setback of 20% lot depth. The Zoning Advisory Commission recommended rezoning R-2 zoning rather than the R-3 requested by the Butlers. The City Council's public hearings on these three rezoning requests will be held concurrently with the public hearing on the annexation request at the City Council's June 19, 2006 meeting. DISCUSSION The Herrigs and Wendell Corey, Motor City LLC, have requested City financial assistance to facilitate future development, and pre-annexation agreements have been prepared for and signed by both the Herrigs and Mr. Corey. The Butlers did not request City financial assistance; however, they have signed a pre-annexation agreement providang a waiver of rezoning fees and a five-year transition on City property taxes the same as the Herrigs and Mr. Corey, as shown below. The City agrees to provide for the transition for the imposition of City taxes against the property 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 begins when the property is placed on the 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. City staff has recommended the enclosed agreements with Motor City/Corey and with the Herrigs based on current City policy and financial resources, subject to review and approval by the City Council with the following additional terms and conditions. Motor City/Corey Agreement: ~ The City will construct a lift station and force main sanitary system to serve the property. The fee for connection of lots in the property to the force main will be $500.00 per acre. Motor City agrees to pay the connection fee as each lot issold and based upon the acreage of the lot. There is a balloon payment of any Voluntary Annexation Request of Motor City/Corey, Herrig and Butler Page 4 of6 remaining balance by no later than five (5) years from the date of this Agreement based on the total acreage of the property. ~ Motor City will construct a graded road north to the property owned by John and Sally Jo Herrig by July 1, 2007. The City will construct the force main in the graded road. Motor City will construct a water main in the graded road north to the Herrigs' property by August 30, 2007. The City will pay Motor City the difference between the material cost of 8-inch and 12-inch water main for water main that the City Manager determines is required by City for future development. Herrig Agreement: ~ The City will construct a sanitary sewer to serve the Herrig property. The fee for sanitary sewer connection of lots to City's sewer system will be as follows: For the portion of the Property designated as the A-1 District on the enclosed Exhibit A, the fee for connection to the sewer system will be $5,000.00 provided that the A-1 District is developed and used exclusively for the Herrigs' personal residence. The fee will be paid to the City upon connection of their personal residence to the City's sewer system. If the A-1 District is developed for any purpose other than for their personal residence, the Herrigs must pay the connection fee of $500.00 per acre for any property developed for any purpose other than their personal residence. The $500.00 per acre fee must be paid within twelve (12) months after final plat approval for each phase for any property developed for any purpose other than their personal residence. b. The Herrigs must pay the $500.00 per acre connection fee for any property designated C-3 General Commercial District on the enclosed Exhibit A. The Herrigs agree to pay the connection fee to the City for each lot they sell at the time of the sale of each lot and based upon the acreage of the lot. There is a balloon payment of any remaining balance by no later than five (5) years from the date of this Agreement based on the total acreage of the C-3 General Commercial District. c. The Herrigs must pay the $500.00 per acre connection fee for any property designated R-3 Moderate Density Multi-Family Residential District on the enclosed Exhibit A. The Herrigs agree to pay the connection fee to the City for each lot they sell at the time of the sale of each lot and based upon the acreage of the lot. There is a balloon payment of any remaining balance by no later than five (5) years from the date of this Agreement based on the total acreage of the R-3 Moderate Density Multi-Family Residential District. ~ The City will provide an interest-free loan in an amount not to exceed $150,000 for Voluntary Annexation Request of Motor City/Corey, Herrig and Butler Page 5 of6 the construction of a sanitary sewer to serve Phase 1 of the R-3 District. To be eligible for this loan, the work must be bid and contracted by City and is subject to City bidding requirements. a. The Herrigs must pay for by an Iowa licensed professional engineer to prepare all plans, specifications, and construction documents for the sewer necessary for City review and approval and to comply with the requirements of state law for public improvement contracts so that the City can bid the project and award the contract as a City project. If the cost of the selected bid exceeds the loan funds offered by the City, the Herrigs have the option to contract separately for the improvements in excess of the loan funds offered, or to pay the City's cost of the improvements in excess of the loan funds prior to bid award, or to reduce the scope of the project to match the loan funds offered by the City. b. Upon completion of the construction of the sewer, all dwellings constructed in the R-3 District must be connected to City's sewer. c. The City will establish a loan repayment schedule of payments to be paid by Herrigs at the time of the sale of each R-3 lot. Each such payment will be credited toward the Herrigs' loan. Not later than five (5) years from the date of this Agreement, the entire balance of the loan must be paid to the City. d. As security for the loan by the City to the Herrigs, prior to the award of a contract for the construction of the sewer, the Herrigs must execute a promissory note and mortgage or other security encumbering the property. )> The City will provide an interest-free loan to the Herrigs in an amount not to exceed $50,000 for the construction of a water main to serve Phase 1 of the R-3 District. To be eligible for this loan, the work must be bid and contracted by City and is subject to City bidding requirements. a. The Herrigs must pay for by an Iowa licensed professional engineer to prepare all plans, specifications, and construction documents for the water main necessary for City review and approval and to comply with the requirements of state law for public improvement contracts so that the City can bid the project and award the contract as a City project. If the cost of the selected bid exceeds the loan funds offered by the City, the Herrigs have the option to contract separately for the improvements in excess of the loan funds offered, or to pay the City's cost of the improvements in excess of the loan funds prior to bid award, or to reduce the scope of the project to match the loan funds offered by the City. b. Upon completion of the construction of the water main, all dwellings constructed in the R-3 District must be connected to the water main. Voluntary Annexation Request of Motor City/Corey, Herrig and Butler Page 6 of 6 c. The City will establish a loan repayment schedule of payments to be paid by Herrigs at the time of the sale of each R-3 lot. Each such payment will be credited toward the Herrigs' loan. Not later than five (5) years from the date of this Agreement, the entire balance of the loan must be paid to the City. d. As security for the loan by the City to the Herrigs, prior to the award of a contract for the construction of the sewer, the Herrigs must execute a promissory note and mortgage or other security encumbering the property. e. The City will pay the difference between the material cost of a-inch and 12-inch water main for water main that the City Manager determines in the City Manager's sole discretion is required by the City for future development. ~ The loans provided under this agreement are being made for services to principally residential development. Any benefit to future commercial development is incidental only. RECOMMENDATION I recommend that City Council adopt the enclosed resolution approving the voluntary annexation request of Motor City LLC I Wendell Corey, John and Sally Jo Herrig, and Dean and Patricia Butler, and approve the pre-annexation agreements previously signed by these parties, and then direct staff to file the required documentation with the State of Iowa's City Development Board. Enclosures cc Bob Green, Water Department Manager Gus Psihoyos, City Engineer F:IUSERSIWPILCARSTENICOUNCILlMotor City_HerrllLButler Annexation! Motor City Herrig Butler Annexation PSD mem.doc Q) ~ III III If/Ill! :::J .!!l i!! :::J Iliffl"l 0- ~ ~ 'S: III <( "0 hi .11 ~ - III III :::J :::J - Q) III Q) ..c ..c I: Cl 0 I: a:: ~ :::J III Q) III Q) 0 ~ u Cl <( () en Cl. :;:: ~~I <( - - - - - III :2: i( ~i (ij ~ ill 0 0 0 0 0 x ~ ~ Q) - ~ ~ ~ ~ ~ ~ .~ I: 0 0 <( 0 ~ ~ I: ~ f- ~ 0 b () () () () () <( ~ N <( <( a ~ 0 ... t ~ .; ;!; 0 0 01 0 '" 0 I L() ... '" ~ 0 (J) , 'E ~ , = ~ 0) ~ ~ ~ ~ -' I III -' 0 ~ III III ~ ~ ." 15 Q) ~ u ~ 'C ~ Q) 1;; .!o <(I: a 1;; "- '" rn .Q> I: == 15 "C "C '" 00 ::;; C C ~ >. ~ ~ ".;0 ~ <U C C ro ......c (ll ::I o 0 Q) 0 jt ii 0 i --' I " I \~ / C o .- ..... " ro X Q) C C <( >. s.... jgl c ::J - o > / \ "' , /. / I r/ , ^1/ IL \ , II \//1 W~~ ~,~ '" C'l II l 1 J 1 ( "- \.. \,( '> ~. I '- \ , A \ ,~ ." ~ ~~ ~. ~ , ou a~ ~O i~ [-8 ~>- ae ad ". ~~ . ~ d Prepared by: Laura Carstens. Citv Planner Address: Citv Hall 50 W. 13th SI Telephone: 589-4210 Return 10: Jeanne Schneider Citv Clerk Address: Citv Hall- 50 W. 13m SI Telephone: 589-4121 RESOLUTION NO. 255-06 RESOLUTION APPROVING APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY OWNED BY MOTOR CITY LLC Whereas, Motor City LLC, as property owner has submitted a written application for voluntary annexation of approximately 75 acres of territory lying outside the corporate limits of the City of Dubuque, Iowa, as shown in Exhibit A and legally described as: W Yo of the NW Yo of the NE Yo of Section 17, T89N, R2E of the 5th P. M. in Dubuque County, Iowa; E Yo of the NW Yo of the NE Yo of Section 17, T89N, R2E of the 5th P.M. in Dubuque County, Iowa; and NE Yo of the NE Yo of Section 17, T89N, 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, county or railroad property; 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 Regulations. Passed, approved and adopted this 19th day of June ~ f),d.1 Roy ;; ~Ol: Mayor 2006. Attest: anne F. Schneider, City Clerk F:lUSERSlLCARSTENIWP/COUNCIUMolor City Herrig Buller AnnexalionlMolor City annexation res.doc ..' Resolution No. - 06 Page 2 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 Precinct Six (6) of Ward Two (2) 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 19th day of June, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk F:/USERS/LCARSTENIWP/COUNCIUMolor City Herrig Butler AnnexationIMolor City annexation res.doc ., ,: . Prepared by Barry A. Lindahl 300 Main Street Sutte 330 Dubuque IA 52001 563563-4113 Retumto: Jeanne Schneider, City Clerk Address: City Hall, 50W.13th SI. Telephone: 589-4120 AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MOTOR CITY LLC This Agreement, dated the ~ day of ~, 2006, is made and entered into by and between the City of DUbU:, 10W~d Motor City LLC (Developer). WHEREAS, Developer is the owner of the real property (the Property) shown on Exhibit A, incorporated herein by reference, and legally described as follows: W % of the NW y.. of the NE y.. of Section 17, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (Parcel 1); E % of the NW y.. of the NE y.. of Section 17, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (Parcel 2); and NE y.. of the NE y.. of Section 17, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (Parcel 3). WHEREAS, the Developer intends to request that City annex the Property; and WHEREAS, as an incentive to Developer to voluntarily apply to City to annex the Property and 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 a final order of the City Development Board, after the exhaustion of any and all appeals from the action of the Board or the expiration of the 1 time within which such appeals may be brought, approving the voluntary annexation of the Property. In the event the City Development Board order approves such annexation as to less than all of the parcels in the Property, this Agreement shall be null and void with respect to any of the parcels not included in the Board's order. 2. Upon the filing of the 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 City Development Board as provided by law. The Developer agrees not to withdraw the application or any part thereof after its filing with City. 3. City intends to construct a lift station and force main sanitary system which will be available to serve the Property. The fee for connection of lots in the Property to City's force main sanitary system shall be $500.00 per acre. Developer agrees to pay the connection fee to City for each lot sold by Developer at the time of the sale of each lot and based upon the acreage of the lot. 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. Regardless of the number of lots sold by Developer, if any, however, Developer shall pay to City by no later than five (5) years from the date of this Agreement the entire balance of the connection fee based on the total acreage of the Property. Failure of Developer to pay any connection fee 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. 4. Developer shall construct a graded road on the Property which shall extend to the north property line of the Property where it abuts the south property line of the property owned by John and Sally Herrig by no later than July 1, 2007. City will construct its sewer force main in the graded road. Developer shall construct in the graded road a water main which will serve the Property and which shall be completed by no later than August 30,2007. The water main shall extend to the north property line of the Property where it abuts the south property line of the property owned by John and Sally Herrig. Upon completion of the water main, City agrees to pay to Developer the difference between the material cost of a-inch and 12-inch water main for water main that the City Manager determines in the City Manager's sole discretion is required by City for future development, provided that City shall have no obligation to pay Developer such difference in the material cost for water main which the City Manager determines in the City Manager's sole discretion is required by Developer to support the construction and the development of the Property. 5. City agrees to waive the $2,000 rezoning fee for the rezoning of the Property. 6. City agrees if Developers' annexation application is approved by the City Council, the resolution approving the application shall provide for the transition for the imposition of city taxes against the Property. The Property shall be entitled to the following partial exemption from taxation for city taxes for a period of five years: 2 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. 7. This Agreement shall apply to and bind the heirs, successors, and assigns of the parties. 8. All 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 in writing executed by both of the parties. 9. Upon execution of this Agreement, City shall promptly record this Agreement with the Dubuque County Recorder. ~a) CITY OF DUB QUE, IOWA By: eanne F. Schneider, CMC City Clerk STATE OF IOWA ) ) ss: DUBUQUE COUNTY ) On this ~day of .:J:::t.e.-../ , 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, 7J~ined in Resolution No. passed by the City Council on theiJ.:!! day of , 2006, and that ROY D. BUOL and JEANNE F. SCHNEIDER acknowledged t execution of the foregoing instrument to be their voluntary act and deed and the vol ntary act n~eed of the rporation, by it and by them voluntarily executed. ) N tary Public in and for ~" SUSAN III. WINTER ~ :- ;;''''1.11881011 110.183274 '0". 00/,0,/1551011 EXPIRES 3 Z/14/08 .' MOTOR CITY LLC By: ~Q) ~M2P cJ endell W. Corey Manager 7 STATE OF IOWA ) ) ss. DUBUQUE COUNTY ) On this 5 t1l day of I }7atr ' 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared WENDELL W. COREY, to me personally known, who being by me duly sworn, did say that he is the Manager of said corporation; that [no seal has been procured by the said corporation]; that said instrument was signed [and sealed] on behalf of said corporation by authority of its Board of Directors; and that the said WENDELL W. COREY, as Manager, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~.s.L. ./ O~"'.L .~ . r . . ow LINDA D. GILSON Commission Number 177781 MY COMM. EXP /-~7-b Notary Public in and for said State .d Prepared by: Laura Carstens, City Planner Address: City Hall 50 W, 13th St Telephone: 589-4210 Return to: Jeanne Schneider, City Clerk Address: City Hall- 50 W. 13m St Telephone: 589-4121 RESOLUTION NO, - 06 RESOLUTION APPROVING APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY OWNED BY MOTOR CITY LLC, JOHN W. AND SALLY JO HERRIG, AND DEAN AND PATRICIA BUTLER Whereas, Motor City LLC, as property owner has submitted a written application for voluntary annexation of approximately 80 acres of territory lying outside the corporate limits of the City of Dubuque, Iowa, as shown in Exhibit A and legally described as: W Yo of the NW Y. of the NE Y. of Section 17, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (Parcel 1); E Yo of the NW Y. of the NE Y. of Section 17, T89N, R2E of the 5th P,M. in Dubuque County, Iowa (Parcel 2); and NE y. of the NE Y. of Section 17, T89N, R2E of the 5th P.M, in Dubuque County, Iowa (Parcel 3); and Whereas, John W. and Sally Jo Herrig, as property owners have submitted a written application for voluntary annexation of approximately 112,10 acres of territory lying outside the corporate limits of the City of Dubuque, Iowa, as shown in Exhibit A and legally described as: Lot 1 of Lot 2 of the SW Y. of the SW Y. of Section 8, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (parcellD # 1008451003) Lot 1 of Butler's Hill Second Addition, T89N, R2E of the 5th P.M, in Dubuque County, Iowa (parcellD # 1008376003); Resolution No. - 06 Page 2 Lot 3 of Butler's Hill Second Addition, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (parcellD # 1008451004); Lot 2 of the N Yo of the SW % of Section 8, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (parcellD # 1008328003); and SW % of the SW % of Section 8, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (parcellD # 1008351001); and Whereas, Dean and Patricia Butler, as property owners have submitted a written application for voluntary annexation of approximately 8 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 Butler's Hill 2nd Addition, Section 8, T89N, R2E of 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 includes 0.647 acres of adjacent County road right-of-way to the centerline of Derby Grange Road; 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. Resolution No. - 06 Page 3 Section 2. The territory hereby annexed shall become part of Precinct Six (6) of Ward Two (2) 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 F:/USERS/LCARSTENIWP/COUNCIUMolor City Herrig Buller AnnexationIMolor City Herrig Buller annexation res.doc \ \ ~ . 8 " .. ro ;" ~ ;. ~ ~ l!! ~ ~ E ~ ~ E E = . ?; " " U , :I: " " ~:: ro .!l U ~ '" '" .~ '" ~ . u u 'i ~~ 0 ". . OJ! ;; . CilJ , '" " ~. ",. ~ il {? "- ~~ <~ il ~O "' "'5' . . ,. , ~ ~~ 0", 0 :; o~ u" "0 . u~ c.~ 0 ~- f"l f"l o . ~'" I I o..cn 01 :::. . ..... ... . tJ) ... (1) c: ~~ 0._ ~c: t::o (1) N c.(1) 00::: "'""0 Q.,(1) c: tJ) <C .2 &. 1-....0 _cu... ~~Q., J:c:""O )(C:c: w<ccu . -- '<C' 0, w 0, '" o c " ~ ~ x <J)~ a~ ~.~ ~() o " :gQ.lO -~::; ~ g 01 iD.g "E oo~ ~" ~.o " ~-g~ ~~~ "00 00:16 ~~ ~ < ,,- ~ ~ ~.~ ~ " <J} C> C 'c c .!!! 1 i !~r 10 BROOK HILLS BROOK HOLLOW !lIo:.~ I ffi~ ~ok~ Cllyd~ PIlImIng ServIa!5 Oq.. ....e.1I: /'loOJqlIlt, IA 52lI01-4l64 PhDne:: S63 S89 ~tn Fax: S63-.589-4221 PLANNING APPUCATION FORM o Vwlln:a ~Dil E;.~ ~. D~ SlIItllKkwaMr orectA._""....ot EOsimllIe:: M$r SIIe I'lm MIdDr~~ ~u.,... db ..ftan'- .. a . r. flAt.-............ ~ PI tvaa or nrfnI: I - ~_ In Ink Pnlpert.y0Wl1lll(s):~.....1'..c.. c:.1-ry L.-I-L:. ~~O .Addle-. J7V!?~. nFr M1P-na..:p..., ~I r~'-rt-~1Jp:~ I!'tIx Nl.mber: ~NImll!r:" G..4-,=-~ -':'Z~Z4 ~,~/IgtK:...JNJ!:.f..!.oe..U- w. rf)'Q' "I . PID1e:~330 .Address: hZ.~~""G:Er ~. ~.~1A.ZIp: ~I "FtlxNl.mber: ~Nl.mber:~ur. .Slteloaltiol, .. ;?r7 A"'~ .....t~ .ep./::..6f!&oJ. ~ R "-~^ ExIslIng ZDnIrg: ~ 1'1.....-:1 A.....,. f=t> ........ DbtJIUl.a"d..-t - . . ~~~'~~~~~~L~~~{5L?f~~e:-t~~ ~~ \1~ f:::Z..~.~ ~ e- .' Toli!II pI....-IV (I 'I ( 1 -....d); ., ec ^- ~~;;:-~-;-'~.~ ~r::~IetIIIr~1t~~~ ~I ~'JlON: II\W. -lt1e ~."40."'" c;b'1IB1:by c:dI'y U1Bt: _ 1. 1l1e ."'" .......llUlo.A.d IBeIn Is I!'Ull and alm!II:t lD the belt d mr/fMr "t-.., r\p- and IlPD!1 SI.bnIIraf t-il..... pLtiIc: I1IlIIId; . ~ ~_~~~~~~~~_~and 3. All ca1IIll.oodl reqUnId 1d:b!n and ....lIlAAr:. ....wiI are dItadled. P1ope1ty~*(J), 1JJi:rjaU/~ G-....... "'.A_J. .1 - . .-=" .- ~ . . 0lIII!: 3 - fa ~ 0 '- 'BIlII: FOR OFFICE USE OM..Y -APPlICAn;ON snsr _II~ oa:aa.JST Fee: ReafYed IJv: ~sIcelxh plan 0 Corn'V'JaII:* LI""....I.I'*1 ~ plans ODesl!Jl review p'llject desafptIon DBbt: []PIIlllD []Acar plan DodcI!t: 0Aet []olher: ANNEXATION STAFF REPORT Council Agenda: June 19, 2006 Property Location: North of Asbury Plaza Shopping Center, Northwest of Plaza Dr. Property Owner: Motor City, LLC I Wendell W. Corey Legal Description: W Yo of the NW Y. of the NW y., E Yo of the NW Y. of the NW y., and NE Y. of the NE Y. of Section 17, T89N, R2E of the 5th P.M. Proposed Land Use: Commercial Proposed Zoning: PUD/PC Existing Land Use: Vacant Existing Zoning: County A-1 Agricultural Adjacent Land Use: North - Agricultural East - Vacant South - Commercial West - Agricultural Adjacent Zoning: North - County A-1 East - County A-1 South - PC West - County A-1 Flood Plain: Yes Total Area: 80 Acres Water: No Existing Street Access: Yes Storm Sewer: No Sanitary Sewer: No Purpose: To rezone to PUD Planned Unit Development District with a PC Planned Commercial designation, in conjunction with annexation. The requested rezoning is to facilitate expansion of the Asbury Plaza Business Park, including extension of the public street, Plaza Drive, to the northwest. Physical Characteristics: The subject property is located north of Asbury Plaza Shopping Center and Asbury Plaza Business Park. The property is characterized by a rolling topography that drains primarily to the northwest. It has been used for agricultural purposes since its settlement. Conformance with Comprehensive Plan: The Comprehensive Plan includes goals and objectives supporting annexation of land for commercial 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 commercial and residential development. Impact of Request on: Utilities: City utilities can be extended to serve the subject property. ANNEXATION STAFF REPORT - Motor City LLC I Corey 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. Plaza Drive is a city street that intersects with the Northwest Arterial (Iowa 32) and runs in a northwest direction through Asbury Plaza. The roadway is being constructed as a collector street that is designed to carry a large volume of traffic from a portion of the City to another. 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 after 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 areas of the City of Asbury and the City of Sageville. 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 the proposed PUD with a PC designation. Staff recommends approval of the annexation request. Prepared by: Reviewed: Date: Prepared by Barry A. Lindahl 300 Main Slreel Su~e 330 Dubuque IA 52001 553 583-4113 Return to: Jeanne Schneider, City Clerk Address: City Hall, 50 W. 13th 51. Telephone: 589-4120 AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MOTOR CITY llC This Agreement, dated the _ day of , 2006, is made and entered into by and between the City of Dubuque, Iowa (City) and Motor City llC (Developer). WHEREAS, Developer is the owner of the real property (the Property) shown on Exhibit A, incorporated herein by reference, and legally described as follows: W % of the NW y.. of the NE y.. of Section 17, T89N, R2E of the 51h P.M. in Dubuque County, Iowa (Parcel 1 ); E % of the NW y.. of the NE y.. of Section 17, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (Parcel 2); and NE y.. of the NE y.. of Section 17, T89N, R2E of the 51h P.M. in Dubuque County, Iowa (Parcel 3). WHEREAS, the Developer intends to request that City annex the Property; and WHEREAS, as an incentive to Developer to voluntarily apply to City to annex the Property and 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 a final order of the City Development Board, after the exhaustion of any and all appeals from the action of the Board or the expiration of the 1 time within which such appeals may be brought, approving the voluntary annexation of the Property. In the event the City Development Board order approves such annexation as to less than all of the parcels in the Property, this Agreement shall be null and void with respect to any of the parcels not included in the Board's order. 2. Upon the filing of the 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 City Development Board as provided by law. The Developer agrees not to withdraw the application or any part thereof after its filing with City. 3. City intends to construct a lift station and force main sanitary system which will be available to serve the Property. The fee for connection of lots in the Property to City's force main sanitary system shall be $500.00 per acre. Developer agrees to pay the connection fee to City for each lot sold by Developer at the time of the sale of each lot and based upon the acreage of the lot. 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. Regardless of the number of lots sold by Developer, if any, however, Developer shall pay to City by no later than five (5) years from the date of this Agreement the entire balance of the connection fee based on the total acreage of the Property. Failure of Developer to pay any connection fee 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. 4. Developer shall construct a graded road on the Property which shall extend to the north property line of the Property where it abuts the south property line of the property owned by John and Sally Herrig by no later than July 1, 2007. City will construct its sewer force main in the graded road. Developer shall construct in the graded road a water main which will serve the Property and which shall be completed by no later than August 30, 2007. The water main shall extend to the north property line of the Property where it abuts the south property line of the property owned by John and Sally Herrig. Upon completion of the water main, City agrees to pay to Developer the difference between the material cost of a-inch and 12-inch water main for water main that the City Manager determines in the City Manager's sole discretion is required by City for future development, provided that City shall have no obligation to pay Developer such difference in the material cost for water main which the City Manager determines in the City Manager's sole discretion is required by Developer to support the construction and the development of the Property. 5. City agrees to waive the $2,000 rezoning fee for the rezoning of the Property. 6. City agrees if Developers' annexation application is approved by the City Council, the resolution approving the application shall provide for the transition for the imposition of city taxes against the Property. The 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. 7. This Agreement shall apply to and bind the heirs, successors, and assigns of the parties. 8. All 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 in writing executed by both of the parties. 9. 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 ':\ MOTOR CITY LLC Attest: By: Wendell W. Corey Manager 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 WENDELL W. COREY, to me personally known, who being by me duly sworn, did say that he is the Manager of said corporation; that [no seal has been procured by the said corporation]; that said instrument was signed [and sealed] on behalf of said corporation by authority of its Board of Directors; and that the said WENDELL W. COREY, as Manager, 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 Stale d <{ r- - rD - I X UJ ..O'"",6ZB '0 I '>l- o;l '<t-' .D ,.1 ' N -.t- n, o I , :;;1 ({) I i ,fn "O-,LZ8 "O-,9Zg f .., ;( ... , ~l '.::; >~ ffi~ ~~~ Oty rI Dubuque PlannIng ServIces Department Dubuque. IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 PlANNING APPUCATION FORM o VarianCI! ~ Use I'erJQt ~E>....~-n DI.lmitIld SeIbBck Wi!INer [jRezonlng DPlanned 0iSlrIct DPn!:llmlray Plat DMlnar fInII Plat [JText Ao..c..,l..elL [iSImpIe SIll! Plan DMIna SIll! Plan DMajorSllePlan o Major fInII Plat 0SirnI* SubdivIsIon ()AJ.~. [JT....,o.., Use ~ Oc;ertilh..ob: of EmUllmlc Non-VIalft( OQ.1lIIaIte of ApproprIaIlenes Oother: DO bIDe or arint '-In Ir* Property owner(s): 'flI.I~ hI AIJfJ ftIl ~A" V TtI flJ:PPT'~ Phone:';H-~~" 14?1 Address: 1~11iil C!IIIrIlD'.1 '''MO Oty: fJullllqllO, 5tlIle:....1a- Zip: ~?nn? FaxNtmber: ~~~-~R?-~H4 MoblIe/CeII* NI.mbEr. su t;4~- H~;; AppIicantJAgent: John hI HOhhi{l Phor1e: S QUI Address: Oty: Slate: ___ ZIp: Fax Ntmber: MobIelCeJlular Nl.mber: SIte loaIlloll/addless: /3316 and 13500 1JeJr.bV ~/I' Road lJUhllq,'O, fxlstIngzonlng: Aa ~:~-g,/-'f.tsmncDlstrtct: T .it.t1f'l t;1}~J()9 . '.andmark: Legal Desullltlon (SldweIl plIItEIlD# or lot 1II.Illber/bllldt rnr.nberlsubdivision);Set>. ,,;>:t"~hod I o (J"/A .l:DhqllliPj l1id!tfl ____ TolzIIplopeoty(lot}iIIt!III(sqJiIIereetoraaes): 112 AMOA MIL Oh ~2 4th.,... UI/ Descrfbe proposal and reason M ~ -y (attadl a IetIEr rI expIanalIon, If needed): ~Dq At+"(Jfrtd Lflttat. <:OD r,itIJt'if1gUtc.A.C!A. and Le.t:tvr.. CERTIFICATION: I/we, the U1dersIgned, do hereby certify thiIt: 1. The hlulldluil suIlnlllled heIeIn is true and CXIITed: IDthe bestrlmylfXJr lQlC.J1~jge and upon submIll:aI beo.A ..el. public 1'l!CXlItI; 2. Fees are not reI'undabIe and payment: does not guaralllee approval; and 3. All addliullal reqtired wrltIen and 91aph1c mall!riaIs are ........ed. 4. AU appUC4ti.on lieu and zonblg lieu pvr. ann.elCli:tioll ll.equu.t and zorWtg Propelty~):aJr.e. heJte-.i.n waived by the CU:l/ On Vubuquetlie: ~Pgtrt:. DalE: fQR ......1u: USE ONLY - APPUCAnON Sl84I1TAL a --- TCT Fee: ~ by: 05il2/sketdl plan 0 ~ ~ OelIeICpllled Plan OImpnMment plans ODeslgn review projl:ct desafptlon DaIle: DPhoID OFloor plan . Dodcet: DPIaI: DOIher: .u :J '3 :> D ::> NISNtDSIM .:10 JJ.Y~ ). ,- _t.....~_ r ~ l J ~_oOP:) . ~--. ') '" \ t '" L.. l ...( . . ? , , - )) o J ~ - ANNEXATION STAFF REPORT Council Agenda: June 19, 2006 Property Location: South of Derby Grange Road Legal Description: 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 % of the SW Yo, and SW Yo of the SW Yo of Section 8, T89N, R2E of the 5111 P.M. in Dubuque County, Iowa, including 0.647 acres of adjacent public right- of-way for Derby Grange Road Property Owner: Proposed Land Use: ResidentiaVCommercial 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. 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 1.2,1.5,2.3,6.1,6.2,6.3,7.2,8.5,10.2 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. 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 ANNEXATION STAFF REPORT. Herrig Page 2 Dubuque corporate limits. Based on 2001 lOOT counts, Derby Grange Road carries approximately 650 average daily trips. Public Services: Existing public services are adequate to serve the property as ifs 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 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 areas of the City of Asbury and the City of Sageville. 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 when combined with the Motor City/Corey annexation request. It avoids the creation of an island of unincorporated territory when combined with the Butler annexation. State law requires that the City annex to the center1ine of any adjoining County secondary road, so 0.647 acres of adjacent public right-of-way for Derby Grange Road is included in the Herrig annexation request. 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: Laura Carstens Reviewed: N/A Date: 06-06-06 Prepared by Barry A. Lindahl 300 Main Street 5ufte 330 Dubuque IA 52001 563583-4113 Return to: Jeanne Schneider, Cfty CIeri< Address: Cfty Hell, 50 W. 13th 51. Telephone: 5B~120 AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND JOHN W. AND SALLY JO HERRIG This Agreement, dated the _ day of , 2006, is made and entered into by, between and among the City of Dubuque, Iowa (City) and John W. and Sally Jo Herrig (Developers). WHEREAS, Developers are the owners of the real property shown on Exhibit A, incorporated herein by reference, and legally described as follows: Lot 1 of Lot 2 of the SW Yo of the SW Yo of Section 8, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (parcellD # 1008451003) Lot 1 of Butler's Hill Second Addition, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (parcellD # 1008376003); Lot 3 of Butler's Hill Second Addition, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (parcellD # 1008451004); Lot 2 of the N % of the SW Yo of Section 8, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (parcellD # 1008328003); and SW Yo of the SW Yo of Section 8, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (parcellD # 1008351001); and WHEREAS, Developers intend to request City to annex the Property; and 1 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 set forth herein. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOllOWS: 1. This Agreement is subject to a final order of the City Development Board, after the exhaustion of any and all appeals from the action of the Board or the expiration of the time within which such appeals may be brought, approving the voluntary annexation of the Property. In the event the City Development Board order 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 in the Board's order. 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 City Development Board as provided by law. Developers agree not to withdraw the application or any part thereof after its filing with City. 3. City intends to construct a sanitary sewer which will be available to serve the Property. The fee for sanitary sewer connection of lots in the Property to City's sewer system shall be as follows: a. For the portion of the Property designated as the A-1 District on Exhibit A incorporated herein by reference, the fee for connection to the sewer system shall be $5,000.00 provided that such A-1 District shall be developed and used exclusively for Developers' personal residence. The fee shall be paid to City upon connection of Developers' personal residence to City's sewer system. If the A-1 District is developed for any purpose other than for Developers' personal residence, Developers shall pay the connection fee of $500.00 per acre for any property developed for any purpose other than the Developers' personal residence. The $500.00 per acre fee shall be paid within twelve (12) months after final plat approval for each phase for any property developed for any purpose other than the Developers' personal residence. b. Developers shall pay the $500.00 per acre connection fee for any property designated C-3 General Commercial District on Exhibit A incorporated herein by reference. Developers agree to pay the connection fee to City for each lot sold by Developers at the time of the sale of each lot and based upon the acreage of the lot. 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. Regardless of the number of lots sold by Developers, if any, however, Developers shall pay to City by no later than five (5) years from the date of this Agreement the entire balance of the connection fee based on the total acreage of the C-3 General Commercial District. c. Developers shall pay the $500.00 per acre connection fee for any property designated R-3 Moderate Density Multi-Family Residential District on Exhibit A 2 incorporated herein by reference. Developers agree to pay the connection fee to City for each lot sold by Developers at the time of the sale of each lot, based upon the acreage of the lot sold. 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. Regardless of the number of lots sold by Developers, if any, however, Developers shall pay to City by no later than five (5) years from the date of this Agreement the entire balance of the connection fee based on the total acreage of the R-3 Moderate Density Multi-Family Residential District. 4. City shall provide an interest-free loan to Developers in an amount not to exceed $150,000 for the construction of a sanitary sewer to serve Phase 1 of the R-3 District. To be eligible for this loan, the work must be bid and contracted by City and is subject to City bidding requirements. a. Developers shall cause to be prepared at their expense by an Iowa licensed professional engineer and submit to City all plans, specifications, and construction documents for the sewer necessary for City review and approval and to comply with the requirements of state law for public improvement contracts so that City can bid the project and award the contract as a City project. If the cost of the selected bid exceeds the loan funds offered by City, the Developers shall have the option to contract separately for the improvements in excess of the loan funds offered, or to pay City's cost of the improvements in excess of the loan funds offered to City prior to bid award, or to reduce the scope of the project to match the loan funds offered by City. b. Upon completion of the construction of the sewer, all dwellings constructed in the R-3 District shall be connected to City's sewer. c. City shall establish a loan repayment schedule of payments to be paid by Developers to City at the time of the sale of each R-3 lot. Each such payment shall be credited toward Developers' loan. Not later than five (5) years from the date of this Agreement, the entire balance of the loan shall be paid by Developers to City. d. As security for the loan by City to Developers, Developers shall, prior to the award of a contract for the construction of the sewer, execute and deliver to City, in a form acceptable to City a promissory note and mortgage encumbering the Property or such other security as may be acceptable to the City Manager in the City Manager's sole discretion. 5. City shall provide an interest-free loan to Developers in an amount not to exceed $50,000 for the construction of a water main to serve Phase 1 of the R-3 District. To be eligible for this loan, the work must be bid and contracted by City and is subject to City bidding requirements. a. Developers shall cause to be prepared at their expense by an Iowa licensed professional engineer and submit to City all plans, specifications, and construction documents necessary for the water main for City for City review and approval and to 3 comply with the requirements of state law for public improvement contracts so that City can bid the project and award the contract as a City project. If the cost of the selected bid exceeds the loan funds offered by City, the Developers shall have the option to contract separately for the improvements in excess of the loan funds offered, or to pay City's cost of the improvements in excess of the loan funds offered to City prior to bid award, or to reduce the scope of the project to match the loan funds offered by City. b. Upon completion of the construction of the water main, all dwellings constructed in the R-3 District shall be connected to the water main. c. City shall establish loan repayment schedule of payments to be paid by Developers to City at the time of the sale of each R-3 lot identified in Phase I of this development. Each such payment shall be credited toward Developers' loan. Not later than five (5) years from the date of this Agreement, the entire balance of the loan shall be paid by Developers to City. d. As security for the loan by City to Developers, Developers 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 mortgage encumbering the Property or such other security as may be acceptable to the City Manager in the City Manager's sole discretion. e. City shall pay to Developers the difference between the material cost of a-inch and 12-inch water main for water main that the City Manager determines in the City Manager's sole discretion is required by City for future development, provided that City shall have no obligation to pay Developers such difference in the material cost for water main which the City Manager determines in the City Manager's sole discretion is required by Developers to support the construction and the development of the Property. 6. The loans provided under paragraphs 5 and 6 are being made for services to principally residential development. Any benefit to future commercial development is incidental only. 7. City agrees if Developers' annexation application is approved by the City Council, the resolution approving the application shall provide for the transition for the imposition of city taxes against the Property. The 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%). 4 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. 8. City agrees to waive the $1,000 rezoning fee. 9. Failure by Developer to pay any connection fee 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. 10. This Agreement shall apply to and bind the heirs, successors, and assigns of the parties. 11. All 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. 12. 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 ) ) ) ss: DUBUQUE COUNTY 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 5 DEVELOPERS John D. Herrig Sally Jo Herrig 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 JOHN D. HERRIG and SALLY JO HERRIG, to me personally known, who being by me duly sworn, did say that they are the Property Owners; and that the said JOHN D. HERRIG and SALLY JO HERRIG, 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 6 ~- -...-- ~ ~oA.'" ~ arllfa' "- ~ .1..""'- C-" 1 U' lA, _. ..... .. - -.. ,. .... - ~- .. A_ 1 . ~ WL1Cnr... . J l~;i 4LW..... - - - . ....- -- .. .. 1___ ..-- .. =_..... . ...... -. - - 11 ~...... .,- .. ., .. . :. iIU . ~-~~=., fil q,~..:<C:4-'..t'3 ~ ,... C;...3Nl:!l '.. - I . - .. .1 _ S'rIo -/8!;/'. tIf~*,~- ~_u.- / :rot... M!Nt(J .....~.36...3 L'::l""" ~ .7fl4l..G/tfC.J)~d" -a.~ 1 f '-J7-~. j. ...11 Ul ..... SecJ-M,.:. . -: J --- l;-/t4.... a".L t-i ..Bit- - r_.....~FI.~ _~l- r - · . I ..:: :tf l~~~~~~~J;.~.J~-NIHr.~ ...< =-.~.."= W":II _.. I "b:1l"t 0 bl U. lO.IC'.\'''-OD'f .... :: ~..~~ fa":::. .~;_~ --_: .......-.a.- ........._..... _ 1.........-.: L 11Ie" - r ......._.....................,- . - .. ..Ii JlIMIr:....... .' z. ..._... ". .....~ ....... __ ... 3. . -- AI . - f_"'_~I' l!f _ . r ~.-- ..~:..~;.d;. 5/;.1- U-~':J L ...... DIIII nI") ~:/ IUO/,. DIIII ~ 1"'-7 .-' . .41. . ..-- -"-'-_1 I~.rn.._ - "* (05000 - . ... -WAfv~ -rY11- . *~DadIC C) . - -... Cc. " '111 '. ..... o' 0- o.~ -....... CI _-..........- _ 0_... C _. f\__" ._r .... .:. ~_.~ .. PJ--., -. ....... _...-. J-. __ ... _ "'.1 51 ~ .... ~ - ... ~ - Ii I f~ ~'i -I o iii ... ,.. . ~ .. 18 - . at.-. -..----- --- ANNEXATION STAFF REPORT Council Agenda: June 19, 2006 Property Location: South of Derby Grange Road Property Owner: Dean and Patricia Butler Legal Description: Lot 2 Butler's Hill 2nd Addition, Section 8, T89N, R2E of 5th P.M. Proposed Land Use: Residential Proposed Zoning: R-3 Existing Land Use: Residential Existing Zoning: County A-1/ R-1 Single-Family 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: No Total Area: 8 acres Water: No Existing Street Access: Yes Storm Sewer: No Sanitary Sewer: No Purpose: To rezone to R-3 Moderate Density Multi-Family Residential for existing home consistent with proposed Herrig residential development surrounding this property, 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. Traffic Patterns/Counts: The subject property would be served by access to the planned residential subdivision of the surrounding Herrig property. The Herrig ANNEXATION STAFF REPORT - Butlers Page 2 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 lOOT 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 after 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 areas of the City of Asbury and the City of Sageville. 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 when combined with the Herrig and Motor City/Corey annexation requests. 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 rezoning to R-2 Two-Family Residential rather than the R-3 requested by the Butlers. Staff recommends approval of the annexation request. Prepared by: Laura Carstens Reviewed: N/A Date: 06-06-06 Prepared by Sorry A. Unclahl 300 Main Street Sufte 330 Dubuque IA 52001 563 583-4113 Return to: Jeanne Schneider, City Clerk Addreas: City Hall, 50 W. 13th 51. Telephone: 589-4120 AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DEAN AND PATRICIA BUTLER This Agreement, dated the _ day of , 2006, is made and entered into by and between the City of Dubuque, Iowa (City) and Dean and Patricia Butler (Developers). WHEREAS, Developers are the owner of the real property (the Property) shown on Exhibit A, incorporated herein by reference, and legally described as follows: Lot 2 of Butler's Hill Second Addition, Section 17, T89N, R2E of the 5th P.M. in Dubuque County, Iowa. WHEREAS, the Developers intend to request that City annex the Property; and WHEREAS, as an incentive to Developers to voluntarily apply to City to annex the Property and 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 a final order of the City Development Board, after the exhaustion of any and all appeals from the action of the Board or the expiration of the time within which such appeals may be brought, approving the voluntary annexation of the Property. In the event the City Development Board order approves such annexation as to less than all of the parcels in the Property, this Agreement shall be null and void with respect to any of the parcels not included in the Board's order. 1 2. Upon the filing of the 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 City Development Board as provided by law. The Developer agrees not to withdraw the application or any part thereof after its filing with City. 3. City agrees to waive the $650 rezoning fee for the rezoning of the Property. 4. City agrees if Developers' annexation application is approved by the City Council, the resolution approving the application shall provide for the transition for the imposition of city taxes against the Property. The 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. 5. This Agreement shall apply to and bind the heirs, successors, and assigns of the parties. 6. All 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 in writing executed by both of the parties. 7. 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 DEVELOPERS Dean Butler Patricia Butler STATE OF IOWA ) ) ) ss. DUBUQUE COUNTY On this day of , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared DEAN BUTLER and PATRICIA BUTLER, to me personally known, who being by me duly sworn, did say that they are the Property Owners; and that the said DEAN BUTLER and PATRICIA BUTLER, 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 ~ Planning Services Department City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax (563) 690";678 roo planning@cityofdubuque.org C. I i'/ Ct;>vIJG,L. j<:.ec.ewetl '" F\l..E(:) O<i::>\e>5\cG. 10-0 D~~~JE ~<h~ May 19, 2006 Joseph and Judy Riniker 13533 Burtons Furnace Rd. Durango IA 52039 RE: Consultation on Voluntary Annexation -- Corey Proposal Dear Mr. and Mrs. Riniker: I have reviewed the Dubuque Township Trustees' recommendations in your May 11, 2006 letter regarding our May 8, 2006 consultation on the VOluntary annexation requests of Motor City LLC/Wendell Corey, John and Sally Jo Herrig, and Dean and Patricia Butlerfor approximately 195 acres of land south of Derby Grange Road and north of Asbury Plaza Shopping Center. As Mrs. Riniker requested by telephone voice mail after our consultation, on May 11th I mailed a copy of Iowa Code Section 368.7 which provides directions to cities regarding consultations. I have enclosed another copy for you. As I stated in my previous letters and at our May 8th meeting, cities are to provide written notice to and hold a consultation with the governing body of each County and each Township that contains all or a portion of the territory to be voluntarily annexed. The goveming body may make written recommendations for modification to the proposed annexation within seven business days following the date of the consultation. As I also discussed with you on May 8th, I can offer no further explanation of or training on this Iowa Code section beyond what it states - we all have to read and interpret the Iowa Code as written. The Iowa Code does not stipulate a time frame for the City to mail notice of the consultation meeting. I believe this notice was adequate, since you both were in attendance and have provided your written recommendations within seven business days. We have reviewed your recommendation for opposition of the annexation requests "on various grounds" including your storm water runoff issues with the City and the Motor City/Corey property. The City of Dubuque does not concur with your recommendation for several reasons. First, this is a voluntary annexation, and the Iowa Code presumes "validity for voluntary annexation approval" (see enclosed Iowa Code Section 368.6). Second, annexation of the Motor City/Corey property is necessary for the Herrig and Butler properties to be annexed to the City of Dubuque. Third, annexation of these properties to the City of Dubuque is in the public interest for the following reasons: ~rvice P<ople Integrity Re&ponaibility Innovation Teamwork Consultation on Voluntary Annexation - Corey Proposal Page 2 1) The annexation is 100% voluntary. 2) The annexation is in accord with Dubuque's long range and comprehensive planning. 3) The annexation will help partially fill Dubuque's present need for developable land. 4) This annexation supports the City's long-range goals to maintain compact and contiguous development, to accommodate projected residential and commercial expansion, and to facilitate planned and managed growth on the City's fringe. 5) As the regional center for medical care, shopping, entertainment, and employment, the City of Dubuque has to plan for these land uses, as well as the residential needs of the community, and must grow geographically to accommodate these diverse land uses. 6) Given the topography, Dubuque can efficiently and cost effectively serve the area. 7) Limited in redevelopment on its east side due to the Mississippi River, and challenged by rugged terrain and limited roadway systems on the north and south, the most cost efficient growth area for Dubuque has been and continues to be the west side. 8) The City has invested millions to extend water mains, sanitary sewer intercaptors, and City streets to the west side, opening up potentially thousands of acres of land to meet Dubuque's long-term development needs, with the capacity to serve those needs. 9) The City of Dubuque has the fiscal capability to provide substantial municipal servicas to the annexation territory cost effectively. 10)The City of Dubuque has the physical capacity to provide substantial municipal servicas and benefits not presently available to the annexation territory, within a reasonable time in the most cost efficient and cost effective manner. Finally, the proposed developments can occur in the unincorporated areas of the County with less regulation. The City of Dubuque has higher standards for development, including storrnwater management and erosion control, than Dubuque County. Having the development comply with stricter regulations ensures a higher quality of development, which is a benefit to the community. I referred your concarns about stormwater runoff and erosion from the Motor City/Corey property to City Engineer Gus Psihoyos. It is accurate to say that the Asbury Plaza Shopping Center (Rubloff Development) has a record of noncompliance with City Consultation on Voluntary Annexation - Corey Proposal Page 3 requirements. And, although the City used multiple methods to bring the detention basins and other aspects of the development into compliance, it proved a difficult task. Therefore, the City has since enacted three ordinances to help prevent the great inconveniences caused to many downstream citizens. First, the Zoning Ordinance was modified to allow the City to withhold the issuance of a building or occupancy permit until a site plan is brought into compliance. Secondly, the Building and Building Regulations chapter of the City code was changed to include the same languege. Third, an illicit discharge ordinance was passed making it a municipal infraction to cause sediment to enter into the City's stormwater management system. Moreover, the City Council has directed City staff to prepare two more ordinances-one dealing with erosion and sediment control and another addressing detention basin requirements. Both of these ordinances should be before the City Council this summer. City Engineering staff was informed this week that the Chloe Creek that runs through your property has elevated sediment loads. Although there are several developments upstream of your farm that are outside the City's jurisdiction, the City will inspect both the Asbury Plaza Shopping Center (Rubloff Development) and the Corey Development this week to identify any erosion and sediment control deficiencies. Please feel free to contact me at 589-4210 with any questions about this voluntary annexation or City Engineer Gus PSihoyos at 589-4270 with any questions about stormwater management and erosion control. Sincerely, ~~ laura Carstens Planning Services Manager Enclosure cc Michael Van Milligen, City Manager Gus Psihoyos, City Engineer Wendell Corey, Motor City llC, 825 Taft Ave., Mason City, IA 50401-7345 '- with notice of the hearing and a copy of the proposal. Territory within the road right-of-way owned by a county may be annexed, but the county attorney of that county must be served with notice of the hearing and a copy of the proposal. le58, 62, 66, 71, 73, fi362.34, 362.35; C75, 77, 79, 81, fi368.5] 89 Acts. ch 98, fi2 368.6 IntenL It is the intent of the general assembly to provide an annexation approval procedure which gives due consideration to the wishes of the residents of territory to be annexed, and to the interests of the residents of all territories affected by an annexation. The general assembly presumes that a voluntary annexation of territory more closely reflects the wishes of the residents of territory to be annexed, and, therefore, intends that the annexation approval procedure include a presumption of validity for voluntary annexation approval. 91 Acts, ch 250, fi2 368.7 Voluntary annexation of territory. 1. a. All of the owners of land in a territory adjoining a city may apply in writing to the council of the adjoining city requesting annexation of the territory. Territory comprising railway right-of-way or territory comprising not more than twenty percent of the land area may be included in the application without the consent of the owner to avoid creating an island or to create more uniform boundaries. Public land may be included in the territory to be annexed. However, the area of the territory that is public land included without the written consent of the agency with jurisdiction over the public land may not be used to determine the percentage of territory that is included with the consent of the owner and without the consent of the owner. b. Prior to notification in paragraph "c", the annexing city shall provide written notice to the board of supervisors and township trustees of each county and township that contains all or a portion of the territory to be annexed. The written notice shall include the same information required in paragraph "c" and shall set a time for a consultation on the proposed annexation between the annexing city and each county and township that contains all or a portion of the territory to be annexed. The consultation shall be held at least fourteen business days before the applications in paragraph "c" are mailed. The governing body of each such county and township may designate one of its members to attend the consultation. Each such county and township may make written recommendations for modification to the proposed annexation no later than seven business days following the date of the consultation. Not later than thirty days after the consultation, the board of supervisors of each county that contains all or a portion of the territory to be annexed shaIJ, by resolution, state whether or not it supports the application or whether it takes no position in support of or against the application. If there is a comprehensive plan for the county, the board shall take the plan into account when considering its resolution. A copy of the resolution shaIJ be immediately filed with the annexing city and shall be considered by the city council when taking action on the application. The city 2005 Iowa Code CD-ROM , Joseph and Judy Riniker 13533 Burton's Furnace Road Durango, IA 52039 fD) fE@ [E 0 \VI [E rm !I1l MAY 1 5 2006 I.!!J May 11, 2006 CllY OF DUBUQUE PLANNING SERVICES DEPARTMENT Laura Carstens Planning Services Manager City Hall 50 West 13th Street Dubuque, IA 52001-4864 Re: Recommendations for Modification of Proposed Annexation; Meeting of May 8, 2006 Dear Ms. Carstens, This letter pertains to the meeting we had on May 8, 2006 on the matter of the voluntary annexation in the Asbury Plaza area by developers Wendell Cory (Motor City LLC) and John W. Herrig. Your May 2, 2006 letter was directed to us as Dubuque Township Trustees. The letter advised us that the City of Dubuque had received voluntary annexation requests from three property owners for approximately 195 acres south of Derby Grange Road and north of Asbury Plaza shopping center. The letter also advised us that state law directs that the City of Dubuque provide written notice to and hold a consultation with the trustees of the township that contains all or a portion of the territory to be voluntarily annexed. We were further advised that the township may designate one ofit's trustees to attend the consultation and that the township trustees may make written recommendations for modification to the proposed annexation within seven days following the date of the consultation. First ofall, we would like to address the issue of the short notice we received regarding this meeting. Your letter dated May 2, 2006 was not received by us until Thursday, May 4 informing us that the meeting was scheduled for the following Monday, May 8, 2006. Of greater concern is that we were never properly informed as to what our role was pertaining to this voluntary annexation request, other than you informing us that the Iowa Code required our involvement. We were not aware of any such provision and certainly we were not adequately informed with what the purpose of the "consultation" was. In order for us to be effective as trustees for our township, it is important that we properly understand not only the purpose of the meeting but also what our obligations are in this matter. Simply stating that we can make written recommendations for modification to the proposed annexation provides no helpful guidance. Additionally, we were not sure as to what purpose of any recommendations for modification would be since you informed us at the meeting that you had just had a meeting with the Dubuque County Board of Supervisors who had previously approved the project. Are our recommendations still timely under the circumstances and in full compliance with Iowa law? We request that you provide us with a copy of the appropriate Iowa code section that informs us of us our responsibilities and functions as trustees in regards to these voluntary annexation requests. By way of recommendation, we oppose the voluntary annexation requests on various grounds to include but not limited to remarks made by Mr. Cory in his application. Although Mr. Cory indicated that he looked forward to continuing good relationships with the city staff again, we understand that as a previous developer of the Asbury Mall many violations occurred and the city looked the other way. One of the major oversights was the lack of an adequate detention basins to prevent excessive storm water runoff. What assurances have been given to the people of our township which we represent as trustees that this situation will not be repeated by any of the developers who have requested voluntary annexation? Of what benefit would these voluntary annexations be to the people of Dubuque Township? Sincerely, J~eph Riniker,/f1ust~t. r ) &<#~,--- Judy RiRiker, Trustee ~J1- /Jt'Jr-t~, cc: Gus Psihoyos, City Engineer Dubuque County Board of Supervisors, Attn. Donna Smith Mike Van Milligan, City Manager nlECITVOF (,:: """._ r)(TDr'ii~:;;:fTri ;_:::~_2",,:.::-~_::~ Planning Services Deparhnent C;ty Had 50 Woot131h Street Dubuque. Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax (563) _78 TOO pIanning@dtyofdubuque.org ~<k~ May 10, 2006 Judy Riniker 13533 Burtons Furnace Rd. Durango IA 52039 RE: Consultation with Dubuque Township Trustees on Voluntary Annexation Dear Mrs. Riniker: This leUer is a follow-up to our May 8, 2006 consultation on the voluntary annexation requests from three property owners for approximately 195 acres of land south of Derby Grange Road and north of Asbury Plaza Shopping Center. As you requested, I have enclosed a copy of the Iowa Code which provides diractions to cities regarding consultations. As the law states, cities ara to provide written notice to and hold a consultation with the governing body of each County and each Township that contains aU or a portion of the territory to be voluntarily annexed. The governing body rnay makewritten recommendations for modification to the proposed annexation within seven business days following the date of the consultation. I have referred the concerns of you and your husband about stom> water runoff and erosion from the Corey site to City Engineer Gus Psihoyos. Please feel free to contact me with any questions about this voluntary annexation. Sincerely, ,~~ Laura Carstens Planning Services Manager Enclosure cc Michael Van Milligen, City Manager Gus Psihoyos, City Engineer ~~______.__H___~____~_."___,_,___<______..___._,,_... SeM<e l'<ople InIegrity R<sponstbillly ...........n 1....".."" with notice of the hearing 811d a copy of the proposal. Territory within the IOIId right-of-way owned by a c:owdy may be .........'lCI, but the county attorney of that county mull be served with notice of the hearing and a copy of the proposal. less, 62, 66, 71. 73, 1362.34, 362.3'; C7', 77, 79, 81.1368.'1 89 AcIs, ch 98. 12 368.6 InteBt. It is the intent of the general BSS---.bly to provide an '""""'Qltion approval procedure wbic:h gives due conaideration to the wishes of the resid- of territory to be .........~. 811d to the interesta of the resid..ntA of all territoriea affeeted by an -......-ion. The lJllIIellIl B.aeoMh\y pRlIAJft1eA ~ a voluntary annexation of territory more closely reIIects the wishes of the residents of territory to be __Nt, and., th.,..dble, inteods that the annexation approval procedure include B preaumption of validity for voluntary _..........non approval. 91 AcIs, ch ~.12 368.7 Voluntary uneution of territory. I. a All of the owners ofl811d in a territory adjoinins a city may apply in writing to the council of the adjoining city requeating A"""'U\tion of the territory. Territory Comprising railway right-of-way or territory Comprising not more than twenty perceIIt of the land area may be included in the application without the conseut of the owner to avoid CR!8tiD8 an island or to create more uniform boundaries. Public land may be induded in the territory to be '""""""'" However. the area of the territory that is public land ~ without the ~ Consent of the agency with jurisdiction over the public land may not be used to ~ the. peralIItage of territory that is included with the conseut of the owner and without the conseut of the owner. b. Prior to notification in parlI81llph "c". the lUIIIeXiog city shaU provide written notice to tho board of supervisors and township trustees of each county and townsbip that contaips all or a portion of the territory to be .........eel. The written notice sball include the IIlUIIe information required in paragraph "c" and shaU let a time for a consultati!>l1 on the proposed A'...A....lion between the A.......n"8 city and each COUDty and townsbip that contains all or a portion of the territory to be _ed. The consultation shaU be held at least fourteen l.w,,,:_~, days before the applications in paragraph "c"are mailed. The governing body of eIIl;h such county 811d townsbip may designate one of its members to attend .the consultation. Each such county 811d township may make written J'CC(\III.."'I"'I_hons for modification to the proposed '""""IlItion no later than seven business days following the date of the consultation. Not later than thirty days after the consultation, the board of supervisors of each county that contains aU or a portion of the territory to be A-ed shall, by resolution, state whether or not it supports the application or whether it takes DO position in support of or against the application. If there is a comprehensive plan for the county, the board shaU take the plan into IK:COUIIt when considering its resolution. A copy of the resolution shaU be irr1l1lNliately filed with the 1lI.......n"8 city and shaU be considered by the city council when takins action on the application. The city 2IJOj __ Coda CD-ROM , t;'-e. (oPy ~ THE CrrY OF . -". ~ - .,,- P1anning Services Department Gty Hall 50 Wes.13th Street Dubuque, Iowa 52001-4864 (563) 589-4210 ollke (563) 589-4221 fax (563) 690-M78 TOO planning@cityofdubuque.o'l! ~<k~ May 8, 2006 Wayne Demmer, Chairperson Dubuque County Board of Supervisors Dubuque County Courthouse 720 Central Avenue Dubuque, IA 52001 RE: Consultation on Voluntary Annexation Dear Mr. Demmer. The City of Dubuque has received voluntary annexation requests from three property owners for approximately 195 acres of land south of Derby Grange Road and north of Asbury Plaza Shopping Center. State law directs that the City of Dubuque provide written notice to and hold a consultation with the Dubuque County Board of Supervisors and the Trustees of the Township that contains all or a portion of the territory to be voluntarily annexed. The County Board consultation has been scheduled for Monday, May 8, 2006 as an item on the Board's agenda for your regular meeting scheduled for 9:00 a.m. at the County Courthouse. The Board of Supervisors may make written recommendations for modification to the proposed annexation within seven business days following the date of the consultation. Enclosed for your information are copies of the voluntary annexation applications, legal descriptions of the parcels to be annexed, and maps of the annexation territory showing its relationship to the city limits of Dubuque. I look forward to meeting with you about this voluntary annexation. Sincerely, ~~ Laura Carstens Planning Services Manager Enclosures Sorvke People In....ty """"""biIlty lruwvat:lon Teamwork ~ (, \\/,," V'<\ I 6J,\~ THE CITY Of Planning Services Department City Hall 50 Wcsl13lh Street Dubuque, Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax (563) 690-6678 roD planning@cityofdubuque.org 1)1. B .{)tl i ,y"_.,.~_...___,.,..w~,......,,",___._,..",, ~<k~ May 2, 2006 TO: Dubuque Township Trustees John Leytem 15789 Hales Mill Rd. Dubuque IA 52002 Joseph Riniker 13533 Burtons Fumace Rd. Durango IA 52039 Judy Riniker 13533 Burtons Furnace Rd. Durango IA 52039 RE: Consultation on Voluntary Annexation Dear Trustees: The City of Dubuque has received voluntary annexation requests from three property owners for approximately 195 acres of land south of Derby Grange Road and north of Asbury Plaza Shopping Center. State law directs that the City of Dubuque provide written notice to and hold a consultation with the Trustees of the Township that contains all or a portion of the territory to be VOluntarily annexed. The Township may designate one of its Trustees to attend the consultation. The Township Trustees may make written recommendations for modification to the proposed annexation within seven business days following the date of the consultation. The consultation has been scheduled for Monday, May 8,2006 at 12:00 p.m. in Conference Room B, second floor of City Hall, 50 W. 13"' Street, Dubuque, Iowa. Enclosed for your infonnation are copies of the voluntary annexation applications, legal descriptions of the parcels to be annexed, and maps of the annexation territory showing its relationship to \he city limits of Dubuque. Please feel free to contact me with any questions about this voluntary annexation. Sincerely, ~~ Laura Carstens Planning Services Manager Enclosures 5el"vice People Integrity Responsibility Innovation Teamwor\;. - Planning Services Department City Hall 50 West 13th Street Dubuque. Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax (563) 690-6678 TOO planning@dtyofdubuque.org fHEClTYOF ! "')1 · IFl "1' , ,-"'"~~:.~:~~~-~ ~<k~ May 5, 2006 Denise Dolan, Dubuque County Auditor Dubuque County Courthouse 720 Central Avenue Dubuque, IA 52001 SUBJECT: Voluntary Annexation -- North Side of Dubuque Dear Denise: The City of Dubuque has received VOluntary annexation requests from three property owners for approximately 195 acres of land south of Derby Grange Road and north of Asbury Plaza Shopping Center. The Iowa Administrative Code 7.2(2)(d) requires that the City of Dubuque provide copies of the landowners' annexation applications and the legal descriptions of the entire annexation territory to the County Auditor for verifICation, Please verify the accuracy and completeness of the legal descriptions and the current ownership of the parcels involved. Please also provide the City ward and precinct designations for the parcels involved. The Iowa Administrative Code contemplates a response from the County Auditor's Office within fourteen (14) days, I look forward to hearing from you. Please contact me if you have any questions or would like to have assistance from the Planning Services staff. Sincerely. '-s~c~ ~~v-, Laura Carstens Planning Services Manager Enclosures Servkt' People Integrity R~pon5ibility Innovation Teamwork MOTOR CITY LLC . . "............,.. --- '.' .... .--',. .-. -,.. ,............ .-.. 825 S. TAFT AVE.. MASON CITY, IOWA 50401-7345 TEL: (641) 424-3330 FAX: 421-7733 coreybis@yahoo.com March 6, 2006 Planning Services Department City Mall 50 West !Jill Street Dubuque IA 52001-4864 Re: Request for Annexation of 80 acres to the City of Dubuque; and an Extension of the Existing Planned District Zoning on this 80 acres. . Dear Planning Department: As of March 10 the entire 80 acres will be owned by Motor City LLC represented by Wendell W. Corey. Mr. Corey has previously been involved in the development of Asbury Plaza, and is please to continue working with the City of Dubuque for further development in this area of the City. The legal description of the 80 acres is: ( see attached GIS map for location.) 1). W Yo of the NW 'A of the NE 'A of Section 17, Township 89 North, Range 2 East. - 20 acres. 2). E V, of the NW 'A of the NE 'A of Section 17, Township 89 North, Range 2 East. - 20 acres. 3). NE 'A of the NE 'A of Section 17, Township 89 North, Range 2 East. - 40 acres. Planning Application Form is being submitted concurrently with this Request for Annexation so that they can be processed together. We look forward to a continuing good relationship in working with the City Staff. Please contact me if you have any questions at any time. Sincerely, ~~:::~ Manager c: GIS Map. Application check for $2,000.00. -------.- .. - ._- - -- Dlffi@rm ~<k~ Oty of Dubuque Planning SeMa!S Department Dubuque, IA 5200H864 Phone: S63-S&.H210 Fax: 563-S&.H221 PLANNING APPUCATION FORM o Variance Oconditional Use Pemit OAppeaJ OSpedal 6<<:eptIon OUmited Setback WaNer ~RezOOng . Planned District Prellrnnary Plat OMlncr Final Plat . arext Amendment []simple Site Plan OMlnor Site Plan o Major Site Plan o Major Final Plat Osimple SJlxtMsion ~nexallon Dtemporary Use Permit . OCertiftcate of ECDnornc Non-ViaIliDty. 0<:ertlIiate of . []Other: Approp1ateness p,.....- tvoe or Drlnt leGibly in Ink Property owner(s): _MOl r 4Z- C-'lJ 1.-- L- ~ Phone:~??O Address: en" 6?7. ~ AAie.Ot/: ~r-lT~State:...IA Z1p:~ Fax Nt.mber: Z. - :> Mobile/Cellular Nl.Il1ber: t::.41- 430 -'2-/3 ~ AppIicant/~ \JJe./-.l.De:..l:.d..... W. r..J?12 FJ Phone:~3330 Address: h~~~~ ~. Ot/:~rrr:ftate:1k.Z1P: ~I Fax Number: z.. - Mobile/Cellular Nl.Il1ber. ~z.t- Site locatlon/ .. ",J: br7 ~ "-l&e:JU er -A..~P-J "'"Y R "- =1,A. Exlstfng zoning:...Az!;." Proposed zoning: _pi':> Hlsloric 0Istrlct: - landmarlc c:EinlFICAllON: !/we,.the undersigned, do hereby artilY that: 1. The lnformatlon submIl:Ied hereln Is true and mrrect to the best of rrryjoor Ia IO.'Jtedgf: and LIpOfI submittal beaJmes public reoord; . 2. Fees are nOt refln:lable and payment does not gtJ/lIal'ltee approval; and 3. All addtlollal reqlire:f written and \If'ilP1l<; materials are atlached. Property 0wneI\eJ( I~l~ ~ - Date: 3- <0- 0<- 'BIRI: AI. I" -..If ;I"'AIJ FOR OFfICE USE ONLY - APPUCA~ON SUBMITTAl CHECKLIST Fee: ReceIved by: OSit:e/skelx:t1 plan 0 Conc;eptual De>.e:lopment: Plan OImprol/elTlel"lt plans ODeslgn review project desaiptlon Date: OPhoto OAoor plan Docket: OPlat DOttIer. ~ L ffi~ ~~~ Oty of Dubuque Plaming Selvices Department Dubuque, IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPLICATION FORM o Variance OCondltlcnal Use Permit OAppeaI OSpedat ExceptIon OUlYited Setback waiver I]lRezoning OPlanned 0ISb1d: OPrelilYinary Plat OMlnor Final Plat (]Text Amendment U1S1mple Site Plan OMfnor Site Plan o Major Site Plan o Majer FInal Plat OSimple Subdivision (]Annexatlon (]Temporary Use Pennit Ocertfflcate of Economic Non-V1abiHty OcertitIcate of ApproprIateness OOther: PI--e tvoe or Drint leaiblv in Ink Property owner(s): 1tJHAI Cd AA/11 tlP <:A" V 1tl uJ:vrnr. Phone:~~ ~- ~~~_I d?1 Address: 1 ~7r;n ~"lIhOtj I "".D Oty: 1J"""Q"D Sl:ate:....La-...Zlp: <;?nM , Fax Nunber. ~h~- ;R?- H~d ~Ica~~: Jnhw W HDhhiU MobIle/Cellular N~: ~U ~d~- H~~ ~: SQrlrg Address: Oty: State: __ ZIp: Fax Number: MobIle/Cellular Number: - Site locallon/address: 73376 aJla 73500 Vvrbll GlumpD Road OIl/m'l"D roo", ~1i)M Exlsllngzonlng: AQ ~:~-:'/-'f.tstonc0lstrid: lananark: L.egaI Oesalpllon (SIdwell palt:l!l ID# orlol: number/blod<. number/subdlvision):S~. tLtro~h.d IDgol" "C:OlffJlIt:ty u:-iS'i TolaI property (lot) area (squaret'eel:oracres): 772A~}[.2>!.If[ nlr 11AMD" Mil <:D. I'nw:tinge.n.du. Desaibe proposal and reason necessary (attadl a letter of explanation, if needed): aJld Let:teJr.. <:00 At-f"nrol.q"- I tltt<<'t CERTIfICATION: Ifwe, the I.I1derslgned, do hereby certi1Y that: 1. The infum1allon suIlmItted herein is true and correct to the best of rrrt/OIr knowtedge and upon submittal beaJmes public record; 2. Fees are .notrefu!1dable and payment does not guarantee approval; and 3. All addtional required written and graphic materials are atlac:hed. 4. AU. appUc.at.i.O/l 6eu aJld z01Wlg 6eu pe.Jt annexmo/l Il.e'lu.u.t aJld z01Wlg propero/'~):aItt. heJr.e-.i.n wa..i.ved by :the Ci.tJj 06 V(Lbuqu.eOate: App/Icant/ Agent Date: FOR OFFICE USE ONLY - APPUCATION SUBMnTAL CiECKLIST - Fee: Received by: OSite{sketct1 plan 0 Conceptual Devefopnent Plan OImprovement plans ODesign review project deso1ption Date: OPhotD ORoor plan . Docket: OPlat OOther: L:.:....::- ------------- 2B Lot I of Lot 2 of the S.W. 14 of the S.E. 14, of Section 8, T89N, R2E of the jlll P.M., in Dubuque County, Iowa.. Net Acres 19.51 Parcel # - 1008451003 ~ Heim Parcel Lot 1 of Butler's Hill Second Addition, in Dubuque County, Iowa. Net Acres 36.33 Pilrcel # - l(j08376003 Lot 3 of Butler's Hill Second Addition, in Dubuque County, Iowa. Net Acres 16.19 Parcel # - 1008451004 Lot 2 of the N Yo of the S.W. V.. Section 8, T89N, R2E of the 5111 PM., Dubuque County, Iowa. Net Acres 0.07 Parcel # - 1008328003 CONTINGENT . S.W. 14 of the S.W. 14, Section 8, T89N,R2E of the 5111 PM., Dubuque County, Iowa.. Net Acres 40 Parcel # - 1008351001 4 J ' - :_-:-- l . .J <( "'.... 1-", z<( tlo.. .JJ :Y) J :\l x: I. Z 0> CO 'i --~. - \ c:;:::;:::>...- ......-.--. w ~ a :J m ::> c THE CITY OF ': ~ ", '. , i' I;' ~ .' . , .. "_. ,', -'I~ \: Planning Services Department City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax (563) 69~78 TOO planning@cityofdubuque.org ~<-k~ NOTICE OF PUBLIC HEARING The Dubuque City Council will hold a public hearing on a vOluntary annexation request concurrent with rezoning for land south of Derby Grange Road and north of Asbury Plaza Shopping Center. The request is to voluntarily annex approximately 195 acres of private property concurrent with rezoning and including approximately 0.647 acres of Dubuque County right-of-way to the centerline of adjacent Derby Grange Road. The public hearing will be held: Monday, June 19, 2006 6:30 p.m. Auditorium, Carnegie Stout Public Library 360 W. 11th Street, Dubuque, Iowa At the public hearing, all interested parties may present oral and written comments regarding the proposal. The legal descriptions of the properties proposed for annexation are: DATE: TIME: PLACE: Motor City LLC I Wendell Corev. Manaaer W % of the NW ~ of the NE ~ of Section 17, T89N, R2E of the 5th P.M. in Dubuque County, Iowa; E % of the NW % of the NE ~ of Section 17, T89N, R2E of the 5th P.M. in Dubuque County, Iowa; and NE % of the NE % of Section 17, T89N, R2E of the 5th P.M. in Dubuque County, Iowa. John W. and Sail v Jo Herria Lot 1 of Lot 2 of the SW % of the SW % of Section 8, T89N, R2E of the 5th P.M. in Dubuque County, Iowa; Lot 1 of Butler's Hill Second Addition, T89N. R2E of the 5th P.M. in Dubuque County, Iowa; Lot 3 of Butler's Hill Second Addition, T89N, R2E of the 5th P.M. in DUbu~e County, Iowa; Lot 2 of the N % of the SW % of Section 8, T89N, R2E of the 5 P.M. in DUbuque County, Iowa; and SW % of the SW % of Section 8, T89N, R2E of the 5th P.M. in Dubuque County, Iowa. Dean and Patricia Butler Lot 2 of Butler's Hill Second Addition, Section 8, T89N, R2E of the 5th P.M. in Dubuque County, Iowa. Additional information is available during regular business hours at: Planning Services Department, City Hall, Second Floor, 50 W. 13th Street, Dubuque, IA 52001, telephone (563) 589-4210 where a map of the annexation territory is on file. Written comments may be sent to the Planning Services Department at this same address, by fax at (563) 589-4221 or bye-mail to olannina@citvofdubuaue.ora. Service People Integrity Responsibility Innovation Teamwork ....,............. m~ ~oA.~ '.;.c, f~-~-,.. ~"7-r~ ~~..- . ... ....,.., . .,... ..--- ... '.. . ............. fI- o. 1M.......... '~ l a _, - . -~} .........--- ~ aty tJI........~- ,..-.... - -. b.._" n.~~~ IA S2IIG ... ....... _ -1ft rr.: 51.1.. -~, . "- t;9~-~C;~-":;-?'3 "1"':4 "" C;..J Nt~ ... fUrlbIr: ~ ~ .$'"qO - tSI; / . ~-1/4-~ ...J).- .BullM- /::r,.,iil II.tt r"U .... ~-S ~~.3 AJd.-: ~~"IIt:.:) nf''r.lr/~~IlJ..CJItr...i}kju" -.:!L:Itp! S...:ln?~ I'WcNlmlr. ...1-1,-....1IIr1iUnllr. _ . - . .::::>et.f,~~ -~ ...~ .- ~. ~: ~~ Q~DIf... \'"1 I'BlJJ Ill( r.......A.,A Pl.: Q~U.""7 14. L...._... . I i ~ ~l':~~~h;{~ ~~t~./)lJfo' - ~ . - .~~....... o' -~ "f. 1. ..,,~ ...-,riw-.. "..,.. ""A.4Ilr-4 lID.... ~ lNt: 1. l1le ktIl.;1 IV ..- IV" ............. .......... nw-" ."l....llIIIIIt - 1 -.~ I 41 puIIIe......-:. .. z. ,....lIllt IlIftIIdIlIIe -111......-... nallP ..~ ~ 0 .......... 3. AI L - ....,.... W __ "'"",*n .... ...,.... ;~:f/O::~): e;ld; ~~~ '//PAAI'. .... DMII ~ 1'h" ~ DIIII: ~ f'A' .M'" . J{ '. ..._....a.......y-.-~..._.....a-..- -= (050"" - .....,1Ir: Wtltll~ ~ . ~~DrlrM: 0slIe.t. ',. l:Jo.. ,',"'0.'. L_.... ~ ~ 010.410. __-a.. 0- I........~ - r 0Aaar_ 0-4.... ~-_._- , ' '" ....un ~I"'" llr'" I. Rw 8UTLIER 1JI.BT. IlllNALD D. BUn..I!II TRUST. DEAN C 8I/TLEIl AND PA'i'iiICh A. 8I/TLEIl .. 8UIYEY IlI!IIUeIl1l!lI BY: ._ DEAN BUTL8II -8 i3!li8 _ _ III. ...- OO....lIf IIlIIA _ .. ' . .. 8UIYEY~..1IC I- s&: 2llf'7 110O- "!IS-I! LOT 1 36.33 ACIES 8", ~:: ,iI ..! ... i~ __om , .-1 S 0 0 0' 0 01 '" ."- . . . - " 0 0 lD w ~ l;l -0 0 .., p) ... :>:: Do .. iii 0 \~ -iI I~~ ~;8!E '~~ I !l .. iil~~ ( ~ .. II..; .. l"- CI ~..! - - -:l!:l I -~.... ~ I Ii p~' I ~ ffi>= Ii!. ..... ii /JI !l ~i w.., I ;,$~_ ll!!:!I - "'a r / sI~ i .. 5~la ir.5I -I _ ,. - - i' . : LOT 1 ~,'~ ~~~ _ z - I MNllY c..Ufy _ ...ilI ~ _.... _ _ preprllil ... t.I* ,..1iRed ..-vey ..... _ ............ ~ _ .. ........ ~ ........1 ......tuan ... 'tM't 1_ . ClUJ, J~ lAnd ~ _ _ 1_,Of ~, ~.~ ~~/~s . . .s. . 'tC Ny u..::_. ~l dHe g, DK.....llf 3.t. 2DGII. hu- or .....-a c.......... bY t:l\1. ...1: Tht. -'t: IMI,. Bel WIDER und SUrveYing II Planning. Inc. "'.D. ---Hi F;rJ"II.'r'" ---. ~ @ :g .. ~' .; N r! l!! . Q ~I " 0 " u 'S .E ~ c !~ m . ~ i 0 r ~ .~ ~ 3 .!l " * E ~ ~~ jj ~. '" :J . c ;;j~ 0 E ~ ~ "- .~ ~ .. " ~~ " ~ " ,,0 "0 ~~ . <>.0 c , " U 0"": m ~; . . ~~ ~ '" <; 0 ~;:\ , ..... ,~ 8~ ~ , " ll..... "0 .s ~ .::' " ~ 0 I '" I I .e i "..... . L · 'Ii : .. "~' " ... m ~ (I) r:::: ~ O~ .- ~S (I) N 0.(1) 00:: L..-C a.. (I) r:::: U) o 0 ..0. ns 0 >< L.. (I) a.. r::::-C r:::: r:::: <Cns en " '" c is <au O. -, "'a ~, ",.0 " 00 ,..'" .0.0 ,," ~ ~ -:c ud: . ;; o ~ o . III ffi&icm ~o.k~ Oty d Dubuque P\anning ServIces DepBrtment noo w:p.., IA 52lJ01-4164 Phone: S6J.589-421II Fax: 563-589-4221 PLANNING APPUCAnON FORM o Varfanc:e 0C0ndlIcnaI Use PermIt a= r. "-iJI.l:l.1 OumtB:I SellI8ck WiJlvf!r E:7S. oreotAo....,dn.llt [JsImpIe SIb! FlIIn 0Mnar SIb! PIIIn B "*" SIb! Plan "*" FInII PIit [JsImpIe '.iIM.... ~.:.=: Use I'emit &:::::afbM."Ib~ . afAwo....IIlb._ ~ PI - t.vDe or DI'Int IeaibIv in Ink Propertyowner(S):_tv'\r.......I'~ Cony (';L-~ PhDne:~~O .Address: p-z,6.t.7."JVr ~tf!:.ot:,: t-~~" ~P.J~~IA..Z1p:~ Fax NI.mber: . 2- - MctliIeIt.en1Er Nm1ber.. ~l- 43.0 ~'Z.13 Z4 Applk3nt/AgIC, \JJ~f-toe.U':'" W. C.nCl''I'' . Phbne:~~3:".lo Address: 1?z.'i?~""GEr ~. 0ly:.~lA:.2ip: ~l . Fax IUnber: MaIliIE:IO!IIdarNunber: ~Uf- .SlteJccallcx\' .. ~~r 1?r7 AL'~ J...t.-9P-JIj. ~ -A6P--t. ~ ~-"";?s^ ExIstIng ZDOOg: ~ PulpOSed zmrv. oF"=> lilslIoIlc llbtlll.t. -laId....1c; - . . ~ ~~ (SIdl'Vl!ll~ID# Of' kitlU11ber/blcCklU11ber/sUlxl~IIsIon)~ ~{"'~? i*::----.....:~ J2:.~ ~t.. f-Lw.Ne--1-o# ';-11 ~~Ne_ ~ ~\ .\1~'Z.J;::.. ~ .Ne-4z::J~ . e-. . TolaI plopelty (I ~) I ( T - .. .....Gi): . J e:o ^- ~~~~and/'fll!lSOll____.. ~(atlachalelb!rof~~~If~ _ ....... __. ~tt~l~ .rcr~f"1~.~f3'J~. u:K I JM.CA'IlON: JNte..lf1e Uildeos/glled, cO- hen!by certify ltlat: . . .. . . . ... 1. The hll\),..BIan sWr.~ herein Is ~ and CXll'I1Id: II) the beSt of mylou: "I:l. 1\F and ~ sul:.mttaI bo.alIUe5 p&jlIc: AlCIlI'd; 2. Fees are nit rel\nlaIJIe and. pIIyIJll!I1t does nOt glI!InlIlIEe CIlJPI'lMlI; and . 3. All adittIollllll reqUred wrillI!n and ~ajllk .......1aIS _ dItad oed. ~~.~(It' . I~./~ ~ Dab!: 1llIIla: 3-<O~o<- FOR OFFICI! USE ONLY - APPLICA"qON ~J JAL QfECKLIS1' Fee: RecEIIIed by: OSite/skeldI plan 0 ~.., ~..e.~ Plan ~ plans OOeslgn leIIlew proJec1 desafpUan Dab!: []PhclD OFloor plan 00dCElt: []Plat; Oother: ~~ ~.Jk.~ Oty of Dubuque Planning ServIces Department Dubuque, IA 52001~ Phone: 563-589-4210 Fax: 563-589-4221 PlANNING APPUCATION FORM DVarilll1Cl! OCondltlonal Use Permit DAppeaI []spedaI e.r"""'" OUmited Setback ~ (]IRezonlng DPlanned District DPrellmlnary Plat DMInor 19na1 Plat Orext AmeI,dlllelt OiSlmple Site Plan DMlnor Site Plan o Major SIte Plan o Major FInal Plat DSimple Subdivision K]Annexatlon Orempcnry Use Pennit DCerlIIk.dlc of EmIIOmic Non-Viability []certIftcate of Approprlateness DOther: P/---- tvDe or Drint lealbIv in Ink Property owner(s): }flHlJ la A/JIJ 1117 CIA/ I V 1tI U~ppr(.l Phone~~~-~~~-IA?1 Address: 1 ~11jn f::llhhD'1 I "IItO Ot.y: fJ"h"qUI1J State:-Ia.-Zip: ~?nn? Fax NlI'Jlber: ~h~-~R9-~~~A ~kanv~: 10hn W Monnig Mobile/Cellular Number. ~U ~A~- Hh~ Phor1e: -SWJlCl Address: Oty: State: .___ Zip:____ Fax Number: MobIle/Cellular Number: SIte location/address: 13316 and 13500 Vvrbu G1u:r.I1Q0 Road lJflhflqllO, T ,;,,>t ~9'IM existing zoning: Aa ~:~- ~, /-'f.a.stooc District: tardnark: ___ Legal Desa1pt1on (SldweII parcel IO# or lot llI.ITlber/block m.l'Tlberlsubdlvislon):S.e.La:.tL'~.hod 109"1.\ .<:'o"fltll:'*Jj l1idEfi Total property (lot) area (square reel: or acres): 112 AM.M MIL "n --2 A.nt-., II J, Desa1be proposal and reason necessary (attach a letter of explanatlon, if needed): ~Dq Af~~~id llttat ~D 0 [' ,."-toj ttg U1.urAi ~ and Let:tv... CERTIFICATION: Itwe. the undersigned, do hereby cer1lfy that: 1. The lnformallon subo,itt2d herein Is true and CXlI'1'-ed: to the best of myloor knowledge and upon submittal beoJIues public record; 2. Fees are not refundable and payment does not guarantee approval; and 3. All adcItional required writIen and graphic materials are "ltca.tled. 4. AU appUc.a.t.i.on 6eeh and zon.i.ng 6eeh peJr. annextition Il.eqUeht and zon.i.ng property~):1IIr.e. hell.e--i.n wa..ived by the CU:y 06 VubuqlLet)ate: AppIkanv Agent: Date: FOR OFFICE USE ONLY - APPUCAll0N SUBMITTAL CHECKLIST Fee: ReceI'Ied by: DSiW/sketd1 plan 0 Conceptual Development Plan DI~ plans DDesign review projI:d: desalptlon Date: DPhoID DRoor plan . Docket: DPIat DOttler: ..-- -- ? N,sNtJjSIM JO UYJ.$ . -.. -- ) I '_ -----::::;, . tI-'/'" f .- J. ,. --'~- r ~ ....~.__.-. .~- -~. ...~.-) . _..-~_.' J ') ~ C . .~ , ~ -4 , , . j I- a: <( ... .u :J J -, :> i< D ::> ...... ..., ....- --..-- ~ ~oA~'';'. ClIp" ........,. ""-_....... - If. - 1 -~. .fA ''M([ __ ......---.. .... ra _ ~. fn-~ 0... ..... - .... .....- PI IIUh M" A . utI-:noII... L_ ~u...... "'- - fI O. . 1_,.. ..... .. =........ . .... flit r' - . ~.'~~~~:;.. _ ~ ~".::~~sm, .......... r- -- - _.~_...:S!10 -/KIf I" '.. - ~Il.....;p.- ~..JI.r. / :r~iI- /kNIt.) ....~.3(p.3 "1M.. /.::r,,'-" J),Wif Q'lI ,7tz 1/...O/f:.J).J-.Id.tl. -.u..~ ...... ......_ ,- . - T............ i . .. . -~ _41. QI~.c... ." t./Q~ - - t-i /'8}J. ---...... 'L'. -....~I- 1- -1 .. I 1.-:_ ~ ~~:"'l\~h.l~~~~,DlJh ..:~; ;;:;..;..;:;:';~~=... "kuJ\ 'oIL""1l\ L:l:-\"J..~OOf .. '0; ~-;tlJ:",:.!:"- -.,;;,;;;; .' . ,"Ill. ~1 ~ . ~~ .......oriwo.. ,., ..-........ .........-... 1. 11IeO. -- V' .....................iIf......~ - - *'1.,.-- ti~___' .' . '-.-1IIl.,.. . -'. _... -........ 1 i __ .... . -- ~. . - A_"',",~" If>_ ...... ~~.- -;:.-:'*~;~ ~~~ ~.:: Sec.li~ t ...... Z. 3. -- ~ <'1"." ~. .. ~1"'"'-'.MJ' . J{. . fIIlIl-. ........--- - ...m..tlUV _..~a ~ I'W: (05000 .., .~.. icIAtv~ ~ '*~Dade o J" ',.. Co.. . "1lII". il.... D' 1 QIIt ,...... It- CI '~.---_. 0. C ........... ._....._ ._ ....-............ _ ...... n __ " __ ..4 -= 8D-- -...-..:. _._ ... ~ _. '.G.a. _...... I.- -- .... --'* ~ -~.,. l" BUTI.Sl'S tm.L .,. ~ _. ~ ADDITION. . .~f~~~'1 \.~ ~. l~ ~. iia -~ ~S! - llIi i 3-~ " . is Si-a -I -c ~ ... ".un ~~!.JlMf!' _c. PA1RI1:XA A. - llIIJ"'~ 1m ~ ~RII.~ ~ ... 111;Mi. ~ oM. S8 - - lIJ.-. _..__....____anu 31 =-. ~ r ~. . ~ ~ r ~ . - i o ~ Northside Annexation concurrent with Rezoning: Herrig, Butler and CoreylMotor City LLC Notices of Public Hearing Mailed Certified Mail on May 26 2006 by Planning Services Department, City of Dubuque, Iowa Board of Supervisors WAYNE DEMMER, CHAIRPERSON DUBUQUE COUNTY BOARD OF SUPERVISORS 720 CENTRAL AVENUE DUBUQUE IA 52001 Public Utilities MARY CHRIS LOTSPEICH QWEST 3565 UTICA RIDGE RD. BETTENDORF IA 52722 JAN SCHAFFER U.S. WEST 615 3RD AVENUE SW. CEDAR RAPIDS IA 52401 ENGINEERING DEPARTMENT MCI 560 2ND AVENUE S.E. CEDAR RAPIDS IA 52401 PAT BRYANT PA 173 AT&T COMM/PROMENADE ANNEX 1200 PEACHTREE STREET NE ATLANTA GA 30309 CHIEF EXECUTIVE OFFICER ALLlANT ENERGY 1000 MAIN STREET DUBUQUE IA 52001 CHIEF EXECUTIVE OFFICER AQUILA INC 1015 CEDAR CROSS ROAD DUBUQUE IA 52003 MAQUOKETA VALLEY RURAL ELECTRIC POBOX 370 109 N. HUBER ANAMOSA IA 52205-0370 GENERAL MANAGER MEDIACOM 3033 ASBURY ROAD DUBUQUE IA 52001 Inclusion of County Road Rioht-of-Wav FRED MCCAW DUBUQUE COUNTY ATTORNEY 720 CENTRAL AVE DUBUQUE IA 52001 RICK ANDERSON, MAYOR CITY OF ASBURY 5080 ASBURY RD DUBUQUE IA 52002 RALPH DEAN MAYOR OF SAGEVILLE 10838 HIGHWAY 52 N DUBUQUE IA 52001 Northside Annexation concurrent with Rezoning: Butter, Herrig and CoreylMotor City, LLC Notices of Public Hearing Mailed Regular Mail on May 26, 2006 by Planning Services Department, City of Dubuque, Iowa Public Utilities MARY CHRIS LOTSPEICH QWEST 3565 UTICA RIDGE RD. BETTENDORF IA 52722 JAN SCHAFFER U.S. WEST 615 3RDAVENUE S.w. CEDAR RAPIDS IA 52401 ENGINEERING DEPARTMENT MCI 560 2ND AVENUE S.E. CEDAR RAPIDS IA 52401 PAT BRYANT PA 173 AT&T COMMPROMENADE ANNEX 1200 PEACHTREE STREET NE A TLANT A GA 30309 CHIEF EXECUTIVE OFFICER ALLIANT ENERGY 1000 MAIN STREET DUBUQUE IA 52001 CHIEF EXECUTIVE OFFICER AQUILA INC 1015 CEDAR CROSS ROAD DUBUQUE IA 52003 MAQUOKETA VALLEY RURAL ELECTRIC POBOX 370 109 N. HUBER ANAMOSA IA 52205-0370 GENERAL MANAGER MEDIACOM 3033 ASBURY ROAD DUBUQUE IA 52001 Dubuaue County Officials WAYNE DEMMER, CHAIRPERSON DUBUQUE COUNTY BOARD OF SUPERVISORS 720 CENTRAL AVENUE DUBUQUE IA 52001 DONNA SMITH DUBUQUE COUNTY BOARD OF SUPERVISORS 720 CENTRAL AVENUE DUBUQUE IA 52001 ERIC MANTERNACH DUBUQUE COUNTY BOARD OF SUPERVISORS 720 CENTRAL AVENUE DUBUQUE IA 52001 FRED MCCAW DUBUQUE COUNTY ATTORNEY 720 CENTRAL AVE DUBUQUE IA 52001 MIKE FELDERMAN, COUNTY ENGINEER DUBUQUE COUNTY ROAD DEPT 13047 CITY VIEW DR DUBUQUE IA 52002 Reaional Plannina Aaency KELLY DEUTMEYER, EXEC. DIRECTOR ECIA 3999 PENNSYLVANIA AVE - SUITE 200 DUBUQUE IA 52002-2639 DENISE DOLAN DUBUQUE COUNTY AUDITOR 720 CENTRAL AVE DUBUQUE IA 52001 ANNA 0' SHEA, ADMINISTRATOR DUBUQUE COUNTY ZONING DEPT 13047 CITY VIEW DR DUBUQUE IA 52002 RICK ANDERSON, MAYOR CITY OF ASBURY 5080 ASBURY RD DUBUQUE IA 52002 RALPH DEAN MAYOR OF SAGEVILLE 10838 HIGHWAY 52 N DUBUQUE IA 52001 '11 4~ ,.:41~cJtN-" /4a!JCt..Gt.A.lI P--z;'f./AI11 I)'A.'"'<.//'''S. S/C7II/Of,. JOHN W & SALLY JO HERRIG 13750 SURREY LN PlJBUQUE IA 52002 DOUGLAS M & EILEEN C COATES 13102 DERBY GRANGE RD DUBUQUE IA 52002 LAVERNE A & MARLENE L BRIMEYER 12679 KENNEDY RD DUBUQUE IA 52002 JOHN W & SALLY JO HERRIG 13750 SURREY LN DUBUQUE IA 52002 GRANDVIEW AVENUE UNITED METHODIST CHURCH OF DUBUQUE IA 3342 JOHN WESLEY DRIVE DUBUQUE IA 52001 MOTOR CITY LLC 825 SOUTH TAFT AVENUE MASON CITY fA 50401 CLEMENT J & JEANNINE C HILBY 4914 ASBURY RD DUBUQUE IA 52002 DEAN BUTLER 13362 DERBY GRANGE RD DUBUQUE IA 52001 PROJECTS PLUS L TD 825 SOUTH TAFT MASON CITY IA 50401 EDWARD J & ARLENE T BREITBACH 16265 HEROD LANE DUBUQUE IA 52002 h.JNALD J & MARY E BREITBACH 13233 DERBY GRANGE RD DUBUQUE IA 52002 BRIGADOON. LC 3500 DODGE ST #387 DUBUQUE IA 52003 DEAN BUTLER 13362 DERBY GRANGE RD DUBUQUE IA 52002 DEAN L & ANGELA M CAPAUL 13486 DERBY GRANGE RD DUBUQUE IA 52002 WILLIAM E & CONSTANCE A CLASEN 13614 DERBY GRANGE RD DUBUQUE JA 52002 DOUGLAS M & EILEEN C COATES 13102 DERBY GRANGE RD DUBUQUE IA 52002 LEO J & ARLENE M DIETZ 15614 HALES MILL RD DUBUQUE IA 52002 STEVE G FLEISCHMANN 13498 DERBY GRANGE RD DUBUQUE IA 52002 .~N W & SALLY JO HERRIG , . 50 SURREY LN DUBUQUE IA 52002 CLEMENT J & JEANNINE C HILBY 4914 ASBURY RD DUBUQUE IA 52002 JEFFREY D & RACHEL M KLUCK 16142 WOODMOOR DR DUBUQUE IA 52002 STEVE F & KELLI R LOES 16122 WOODMOOR DR DUBUQUE IA 52002 JOSEPH H & GAIL A MOND 13946 DERBY GRANGE RD DUBUQUE IA 52002 MOTOR CITY LLC 825 S TAFT AVE MASON CITY IA 50401 JEFFREY C & PAULA J OBERHOFFER 855 ROSE ST DUBUQUE IA 52001 BRET L & LISA M PATTERSON 15974 CANTEBURY CT DUBUQUE IA 52002 KEVIN W & C RENEE POPPE 16162 WOODMOOR DR DUBUQUE IA 52002 CHERYL A RAMSELL 13878 DERBY GRANGE RD DUBUQUE IA 52002 ELMER H & COLLEEN M SCHWERS 13616 DERBY GRANGE RD DUBUQUE IA 52002 STEVEN J & CINDY M SIMPSON 1810 PHYLLRICH DR DUBUQUE IA 52002 IOTHY A & TAMARA L STUECK 6115 SEVEN SPRINGS ASBURY IA 52002 WOODMOOR CORPORATION 14200 STARR PASS DUBUQUE IA 52002 F;\USERSlKmunson\WPlMaiting li8lllINorth Side Annexation Adjecent Property Owner U81.doc (r '1 "" ... r <=l .; I!!!:!I ~ g~~ 0 ~ ~ - 0 u of 0 ~ ~e; ~5~ft ~ - CIa o OJlll !;f 0 =:I [g~ - LC> ..jj..... 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" 00 .a [.a oS ~ e..... ~ " 0 ",",U llci'll~;,; ~~ ~~ ~ o .9 ~ ''5 ~ li u O~:.= ~ O;:J I M...Q (.)"'0 .8 ~ e.6.>'~ ~o " 8 <=l~'- 1 E-ol;:J :r: ou~ ~ ',p 0 <= .s~....r:::= ~ 0:3 <<reS E-ol~ -g~" 11] oo.~ ....; [ij 'S .9 .s "'- -- ~fle~itJ.i~~m'~ tfi ~. ~i~ ~tfiiil I f!~~;~t:~~l~ ~j~f!~ll~~I~~!im~l.~m~l i ~ ~tJI !I~i ~ lJ~ ~ . if lJ s' ~~~Il~~~j~' ~~~8jJs~l~ '~~~iji~!jij .~II!tl~!iif!f l~iJ!f ~f'! ~1!'itl:Jlitf:'l~:~j{ ;i'l~iljl!!iiil:!f:!li!\ ~ l~ ~ ~Jil.1 ~~~ .~ "~!;jii~t; 1.~~~8~j~ - i!ij ~~!s~ i~~S~.I;ll ~~jl:I~J l:51~f~re l!fl~~IJ!~. fit~i~I~~~ r:;~~~~!:~~~f~~m~jJ!8i~s~:~!!~~I~~~~ D~~~E ~~~ MEMORANDUM May 11, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Voluntary Annexation Request of Dean and Patricia Butler Planning Services Manager Laura Carstens is recommending that a public hearing be set for June 19, 2006, to consider a voluntary annexation request of Dean and Patricia Butler for 8 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. ~l4.j L{,j1tc _ Mi hael C. Van Milllgen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager I , . "') 5U~%duE ~~~ MEMORANDUM May 9, 2006 TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager~ RE: Voluntary Annexation Request of Dean and Patricia Butler Introduction This memo transmits a request from Dean and Patricia Butler for annexation of 8 acres of their property south of Derby Grange Road, in conjunction with rezoning their property to R-3 Moderate Density Multi-Family Residential. A staff report and application materials concerning the Butlers' 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 Butlers. 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. Recommendation I recommend that a public hearing on the voluntary annexation request of Dean and Patricia Butler be set for the City Council's June 19, 2006 meeting. Attachments cc Bob Green, Water Department Manager Gus Psihoyos, City Engineer ..~ -......... ~..B~ ~~ cty at Dlllll',.- ~""18" _r Ml& ~ ~ ~.... Dlroq.- IA S3IlI1..... ...... ,. - ~ fWC 5Q!iII tV' i~~~ , u.. .... . ~ ~." ' o' -~ SiIIIId.... PLANNJII8l6rl,JC&nON rQIIM ~-- af~ Ie, _'.Ll . fJI...-. __ .M, ' . -- .. .... 'Jtn .... Q$Io.... SIll" ;,~;~:, , .......1'lIlII- f' -IrID _ '. _ _.--' -. 1ot1llk . ,""';' __ ""-0'" ::f,ulli,~ J P"h I~ ~ ~A"'--';3'3 .ld' ....:.1}?\'Lbk!.~j)dl..t.~ 1.&1 ,S ' j--A. 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P.O._ _ For1lly, ID.- _ ..... __7...._ lNAL LAT BUTLER'S HILL.N ~ SECOND ADDITION. Sif DUBUQUE COl.MTY. IOWA, l!I .. A .-u~:r " .B.:r..r-:!'! ...-n..a-S ....-u ,1IIIi. /l2' _: Silll I"b! f!i~ fi'~ 0- ., XU_!!! l!fllr.ru ri . W>- ....... ;~ We..> tl!W ",=> CI => CD OJ Cl .,; .JI 9...1I!1~ ""';lI~~' "'ill llll!- Sa.... ... - ....... U....... 'lIf. ...... - ... -g III:JI:W - !II ZIIJ....... ... :3: o ... N~ ~/~ .... Jl ~s.~ I~_~ l ' s "'.. ~/ !l~ I Ii a.... .... " stJRVEY uc::MJU,r'" ",aN: SEE SHEET ;I aF 7 .. 8r . .Iii .. p' .. ,,!. l!!:,. .....2G1 a. S.Jl! --: !'Ii :~ ~..j !I!! !II ~-"i!!:: p. ... Ii ~ "!" '~1Il ..' :"! r ~ i l; !IIl!!!It ~21!u fi!.~ ~"!i!i lll~s; 1117.00' .,.~' b.Or 2 B.OO ACRES LOT 2 "DO'DO"I! 1l97. DO 7 . Lf . ...<1 ..s ..... "'... -~ !ii~= Lor 1 36.33 ACRES LOT 1 NDTE: lll!NE/lAL D_ -- AND _ TO'U1I' 1 IIILL lIE iEIIUIRED /lCIIISS LOT 3 IN 1IU'l'LER' 8 ItIU- !IECllNII ADDrTI.IlN. IIIBIll'E ClUiTY. IDlfA _ 'S!I'!lll'l! i32lI.B3' " ~'* 9!.Jt--- 1iII'" z ... :::II! .. --= .... r ~ - .. R~ I t-:~~ ~ ~~~ !!j ~:~~~,...~ ,. ........- ....-0 ...r 19iD1....s. Ai- ~ ;; . fil ~.. ~!i ;Ifti~ iI g ~ ~"~ " .... I iJ'" t ~t.= .;2:::": lI!;" "'- III -1w s ..J ... ... lil u ... :z:: 2! a: '" -! 5..H!i .....~ ... C-~ ....-... "'~~ o "0 C1 . '.~- o o <D .0 o l') I 01 I Ili!.un I'ADI!AIE;. OR Ll.JC%LL,E RoO BUTLER TRUST. DIlNALD D. BUTU!R TIllIST. DEAN C. BUTU!R /11m ptolRICL\ to. BUTU!R !" SURVEY AEIIUEliTl!D BY: .... DEAN EIIITUEA ..ail 13!518 DEIl8Y lIRANIlE III. . ~ QJ"'~._ IOWA S!OD2 =~. ;".. 1- .. ...S ..... -~"'.. :o:iioC"O' ....- ....111.. Tar;! ........ ~ ~.. I hlII'eIIY _UfY _ 1:hiS ~ -"'"'YinII --- ~~ ::':-",":= :;".:x.u--=~"~t:llat I _. dUly l~1Ald ___l_Df Cfrtd" ~.s..~~ (/dc~s Ny l1c_ ....-1 _ 15 1IIIi:.- 31. 2DD!I. Peg_ or 8flIIeU; covered bY t:h1S seal: Th:UJ Sh..-t onlY SCIk.jl~ Land SUrveying & Planning. Ine. P_D. ... ~ F.laY. _ ..... ...-.....'7~ .... __7"""- 1lII.: lI4A t:E3 Sheet 1"'017 ANNEXATION STAFF REPORT Council Agenda: June 19, 2006 Property Location: South of Derby Grange Road Property Owner: Dean and Patricia Butler Legal Description: Lot 2 Butler's Hill 2nd Addition, Section 8, T89N, R2E of 5th P.M. Proposed Land Use: Residential Proposed Zoning: R-3 Existing Land Use: Residential Existing Zoning: County A-1/ R-1 Single-Family 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: No Total Area: 8 acres Water: No Existing Street Access: Yes Storm Sewer: No Sanitary Sewer: No Purpose: To rezone to R-3 Moderate Density Multi-Family Residential for existing home consistent with proposed Herrig residential development surrounding this property, 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. 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, 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. Traffic Patterns/Counts: The subject property would be served by access to the planned residential subdivision of the surrounding Herrig property. The Herrig ANNEXATION STAFF REPORT - Butlers Page 2 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 after 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 rezoning to R-2 Two-Family Residential rather than the R-3 requested by the Butlers. Staff recommends approval of the annexation request. preparedbY:~~ Reviewed: N/A Date: ~ Annexation Property Owners '" ;0 o o ^ :J: ;= c- C/l '1 SUMMER -00 Cl o o ~ :J: '-' '" iii ,W z ::;; ~ :::J <( SUN VALLEY WINTERGREEN - ASBURY " C/l C Z ;0 a Gl m f-. UJ C/l Z :::J (fJ ~.' Property Owners (195.100 Total Acres) D . . Dean & Patricia Buller. a.ooo acres John & Sally Jo Herrig - 112.10 acres Corey/Motory City LLC - 75 acres County Rlghl-af-Way- 0.647 acres - r...... . . . ........ Dubuque City Limits ;al:lllllClIIfI . . 11I::1::l1tl:l~ Asbury City Limits Butler/Herrig/Motor City Annexation 04_26_06 D~~~E ~<k~ 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. (l'ltv1 ~:./hvL- Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager ~ i5UB~E ~~~ 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 D~~ ~-k~ oty of Dubuque Planning Services Departrnen\: Dubuque, IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 plANNING APPLICATION FORM Ovartance OCondltional Use Permit OAppeal OSpecial Exception OUmited Sel:ba<:k Waiver rnR.ezOning OPlanned Dtstrict OPrellrninary Plat OMinor RnaI Plat []Text Arr1etJllmel1t [if Simple Site Plan OMincr Site Plan o Major Site Plan o Major Anal Plat OSimple SubdMsion [jAnne:<allon []Temporal'{ Use Permit OCertificate of EoJnomic Non-Viability []Cert!licate of ApprOpr1ateness OOther: Pleas<! tvoe or orint leoiblv in Ink Phore'SA ~- <;<;A_1 d91 property owner(s): 'mi/J (/1 4~f1) OJ:> ~4 r r v Trl U1==TI: - Address: 1 ':t1t;n ~IIJr"D'1 ' I1vrQ oty: 1J"h"q"o. State:Ja,...Zip: <;911119 , Fax Number: <;A~- <;~9- ~~~d MCbiIe/CeIlu1arNum~ 5H <;4~-nAA Applicant/Agent: 1"",, (// flo""l!! ~e: Sit-a State: _ Zip: Mobile/Cellular Number: Fax Number: Sitelocatioo/acIclreSS:13316 and 13500 1)phbu GhlIn.gP Rand 1J,,f'Jlfq"o Inti'" <;9,1119 Existing zoning: Aa ~:~- ~, J P.-i-nstonc DIstrict:. Landmark: Legal Desaiplioo (Sidwell parcel ID# or lot numberfblock number/subdivision):SPO d:taehpd r oll"/'\ ...<:olr,,,,,ify Ui"'Sq Total property (lot) area (square feet or acres): 112.Mho,!, M/r (l/r 19 Ae"oA un <:00 r",,:tI"geYlUe6. Describe proposal and reasoo necessary (attad1 a letter cK explanation, if needed): . and Le.tteJt. S~(J AI-f':',../"qo ' qttqt CERTIFICATION: I/we. the undersigned, do hereby certi1Y that: 1. The jnforTI1aliOO submitted herein is true and (X)IreCt to the best of my/our I<nc:lwtedge and upon submittal bef;DII1eS public record; _ 2. Fees are not refu!1dable and payment does not guarantee approval; and 3. All additiOnal required writ:I:en and graphic materials are attad1ed. . 4. All a.ppUc..a.U.an ne.e6 and zani.n.g ne.e6 pvr. a.nne.x.ti.ti.an Jte.qu.e6.t and zani.n.g Propert:t~):aJte. hvr.e-.ur. wa..i.ve.d by the. CU1j a6 Vr,Lbuqu.(1)ate: . Applicant/Agent: Date: FOR oFfICE USE ONLY - APpUCATlON sUBMXTTAL O\EC1(J.lST Fee: Recelved by: DSite/sketd'l plan 0 Conceptual Development Plan Drmprovement plans Daesign review project desoiption Date: DPhotC DAoor plan . Docket: DPlat DOther: 2B Lot 1 of Lot 2 of the S.W. y.. of the S.E. y.., of Section 8, T89N, R2E of the SID P.M., in. Dubuque County, Iowa. Net Acres 19.51 Parcel#-10084S1oo3 ~HeimParcel Lot 1 of Butler's Hill Second Addition, in Dubuque County, Iowa. Net Acres 36.33 Parcel # - 1008376003 Lot 3 of Butler's Hill Second Addition, in Dubuque County, Iowa. NetAcres 16.19 parcel # - 10084S1004 Lot 2 of the N Yz of the S.W.y.., Section 8, T89N, RZEofthe SID P.M., Dubuque County, Iowa. Net Acres 0.07 Parcel # - 1008328003 CONTINGENT . S.w. y.. of the S.W. y.., Section 8, T89N, R2E of the SID PM., Dubuque County, Iowa. Net Acres 40 Parcel # - 10083S1001 .a..I ::> J :J, D :::> NISNO:;S/M ft) :UY.J,S' . ~,I ....-;}' ) , v-' //-' I ,- I " A. ~ _.~- T '" :--.--... J ') '~~.f':) u c i ~ .~ , ; ? j ., ~ I- 0:: -< IL ,... ANNEXATION STAFF REPORT Council Agenda: June 19, 2006 Property Location: South of Derby Grange Road Legal Description: John W. & Sally Jo Herrig Lot 1 of Lot 2 of the SW 11. of the SW 11., Lot 1 of Butler's Hill 2nd Addition, Lot 3 of Butler's Hill 2nd Addition, Lot 2 of the N % of the SW 11., and SW 11. of the SW 11. of Section 8, T89N, R2E of the 5th P.M. in Dubuque County, Iowa Property Owner: 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 after 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: ~IOI/II1~ Reviewed: N/A . Date:~ Annexation Property Owners '" ;0 o o ^ J: ;= ,... (}) .' SUMMER )0 o o o ~ J: U c:: iii 1'1 z ::;; :J .... :J <( SUN VALLEY WINTERGREEN ~. ()) C Z ;0 6 Gl m I- W (}) Z :J (}) ASBURY Property Owners (195.100 Total Acres) Dean & Patrlcl. Buller. 8.000 acros John & SaKy Jo Herrig- 112.10 acres - '...CD . . Ib..tnfl lf3'llIl2~ . " fJI::JJlQtfl Corey/Motor; City LLC . 75 acres County Right-ol-VVay . 0.647 acres Dubuque City Li'T1i1s Asbury City Limits Dii~~E ~*~ MEMORANDUM May 11, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Voluntary Annexation Request of Motor City LLC / Wendell Corey Planning Services Manager Laura Carstens is recommending that a public hearing be set for June 19, 2006, to consider a voluntary annexation request of Motor City LLC (submitted by Wendell Corey) for 75 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. (11~1 VV1;~~tL / Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager ,..._" i5UB~E ~<k~ MEMORANDUM May 9, 2006 TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager ~ RE: Voluntary Annexation Request of Motor City LLC I Wendell Corey Introduction This memo transmits a request from Motor City LLC (submitted by Wendell Corey) for annexation of 75 acres of property north of Asbury Plaza Shopping Center and south of Derby Grange Road, in conjunction with rezoning the property to PUD Planned Unit Development with a PC Planned Commercial. A staff report and application materials concerning the CoreylMotor Cityy LLC request are enclosed. Discussion On May 3, 2006, the Zoning Advisory Commission recommended approval of the PC rezoning of the CoreylMotor City LLC property. This PC rezoning is an extension of the PC zoning that exists on Mr. Coery's property to the south of the annexation area. This PC zoned area is already in the city limits and is under development. 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 applicant has 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. Recommendation I recommend that a public hearing on the voluntary annexation request of Motor City LLC be set for the City Council's June 19, 2006 meeting. Attachments cc Bob Green, Water Department Manager Gus Psihoyos, City Engineer " DOO~ ~<k~ oty of Dubuque Planning Services Department Dubuque, 1A 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPUCATION FORM o Variance OeondillonaJ Use Permit OAppeal ' OSpecial &c"1""-" OUmited Setback WaNer ORezDnin9 , ~Planned District OPrellminary Plat OMlnCr Final Plat ' []:rex!: Amendment []Simple Site Plan OM"onor Site Plan o Major Site Plan o Major Final Plat []Simple 5u/xlMSiOlI ~Ilon or emporatY Use Permit ' OCerllftcate of EaJnomiC Non-Viability OCerllftcate of Appropiateness ' []Other: Pi..,..... tvoe or orint leaiblY in Ink Property owner(s): -Mr.7f~ t:::IIY L-- L-- U Phone:~~O Address: .171,. 0~. -u.er Me:a'c/:~r..lT~Sl:at!!:..IAZlP:~ Fax NI.Kllber. 2- - "? Mobile/Cellular Number. ,0 7- ~ AppIIalnt/.'J .... \JJ~f....l,.De-l:.d...... W. rfll2'p( , POOne:~3>350 Address: hZ-tbP.? T4Ff ~-e.. Oty:J,,\~.~rI(~te:lkZiP: 504e1 Fax Number. - Z- - Mobile/Cellular Number. - '- 2-b 71- ,Site location! J' ~ ;;;0 ;;~.-V'h t-..t..9P-::IU .ef' ~~F-1 ~ R J.... +s.t:>... Existing zoning:..Ab. PropOSed zoning: j3::> tflStOric DIstrict:: - Landmar1c 'I Desciption (5idwelI'parcel ID# or lOt nunberfblock number/subcf"JVislon): ~ ~ze ' I ~, ~ A-' 'n ~~z. ,i-J.e H~ ~ ' /2..._ 10. C- Total proPertY 0 lJ : (1 - ., .....=): ' I ~ ,,- ~~ .1:"0' and reason necessary (attach a IeI:ter of exJlIc!natlon, If neededJ.E,- .,-.-. "-.J.nc:>TI..L _~~. F.&'IL/~ ~~f"'t~,'CeJ~I'^fE.t--I~~ CERTIFICATION: 1/-. the underSigned, cb hereby certify that: 1. The informatlon suIlmil:I!!d herein Is true and correct to tfle best of my/our knowledge and LJPC!l submittal, becD/T1eS public record; 2. Fees are nOt: refundable and payment does not guarantee approval; and 3. All additional required written and graphic materials are at:tached Property ~ (~l~ ~ , ' \ - Date: 'f)atlI: 3-Co-o<- At ~ I:. ~..I.' n~~. .1 FOR OffiCE USE ONLY - APPUCA~ON SUBMITTAL CHECKLIST Fee: Rec;eived by: OSlte/sket:d1 plan 0 eanc:eptual Development Plan OImprovement ptans ODesign review project desoiptlon Dod<eI: OPlat OOther. Date: OPhoto OAoor plan ~ " '. ANNEXATION STAFF REPORT Council Agenda: June 19, 2006 Property Location: North of Asbury Plaza Shopping Center, Northwest of Plaza Dr. Property Owner: Motor City, LLC I Wendell W. Corey Legal Description: W Yo of the NW 11.. of the NW 11.., E Yo of the NW 11.. of the NW 11.., and NE 11.. of the NE 11.. of Section 17, T89N, R2E of the 5th P.M. Proposed Land Use: Commercial Proposed Zoning: PUD/PC Existing Land Use: Vacant Existing Zoning: County A-1 Agricultural Adjacent Land Use: North - Agricultural East - Vacant South - Commercial West - Agricultural Adjacent Zoning: North - County A-1 East - County A-1 South - PC West - County A-1 Flood Plain: Yes Total Area: 80 Acres Water: No Existing Street Access: Yes Storm Sewer: No Sanitary Sewer: No Purpose: To rezone to PUD Planned Unit Development District with a PC Planned Commercial designation, in conjunction with annexation. The requested rezoning is to facilitate expansion of the Asbury Plaza Business Park, including extension of the public street, Plaza Drive, to the northwest. Physical Characteristics: The subject property is located north of Asbury Plaza Shopping Center and Asbury Plaza Business Park. The property is characterized by a rolling topography that drains primarily to the northwest. It has been used for agricultural purposes since its settlement. Conformance with Comprehensive Plan: The Comprehensive Plan includes goals and objectives supporting annexation of land for commercial 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 commercial and residential development. Impact of Request on: Utilities: City utilities can be extended to serve the subject property. ANNEXATION STAFF REPORT - Motor City LLC J Corey 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. Plaza Drive is a city street that intersects with the Northwest Arterial (Iowa 32) and runs in a northwest direction through Asbury Plaza. The roadway is being constructed as a collector street that is designed to carry a large volume of traffic from a portion of the City to another. Based on 2001 lOOT 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 after 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 the proposed PUD with a PC designation. Staff recommends approval of the annexation request. Prepared by: ~Ql.. ~ Reviewed: ~/~ Date: s!q I 00 I . Annexation Property Owners OJ '" o o '" ::c ;= r Ul :: ., SUMMER '00 c o o ;: ::c o '" iii '!N z :0 ~ :;) < SUN VALLEY WINTERGREEN ~. Ul C Z '" i5 Gl m .... UJ ., Z :;) Ul ASBURY Property Owners (195.100 Total Acres) D . . Dean & Patricia Butler. 8.000 acres John & Sally Jo Herrig. 112.10 acres CoreyiMolory City LLC . 75...... County Rlght-ot-lJIkiy- 0.647 acres - ,....... . . ........ ifCl::JlIIlb: . . q.:a.:llm~ Dubuque Cry limits Asbury City Limits Butler/Herrig/Motor City Annexation 04_26_06 D~B~E ~<k.~ MEMORANDUM June 8, 2006 TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager ~ RE: Butler Rezoning Request Concurrent with Annexation Dean and Patricia have requested voluntary annexation of 8 acres of property south of Derby Grange Road, in conjunction with rezoning the property to R-3 Moderate Density Multi-Family Residential. This item is set for public hearing at the City Council's June 19,2006 meeting. 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 Butlers. At your request, I contacted John Herrig, agent for the Butlers, regarding their request for R-3 rezoning versus the Commission's recommendation for R-2 rezoning. Mr. Herrig has reported that the Butlers are agreeable to the R-2 rezoning. Enclosed is an ordinance with R-2 rezoning for the Butler request. Enclosure Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210 Return to: Jeanne Schneider. City Clerk Address: City Hall- 50 W. 13l/l St Telephone: 589-4121 ORDINANCE NO. -06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED 13518 DERBY GRANGE ROAD FROM DUBUQUE COUNTY A-1 AGRICULTURAL DISTRICT TO CITY OF DUBUQUE R-2 TWO-FAMILY RESIDENTIAL DISTRICT, CONCURRENT WITH ANNEXATION Whereas, Dean and Patricia Butler, property owners, have requested rezoning concurrent with annexation to the City of Dubuque in accordance with Section 2-3 of Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances; and Whereas, this request has been found to be consistent with the Comprehensive Plan and the Future Land Use Map of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from Dubuque County A-1 Agricultural to City of Dubuque R-2 Two-Family Residential District, to wit Lot 2 Butler's Hill Second Addition, all in Dubuque County, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law, and at such time that the herein described property is legally annexed into the City of Dubuque, Iowa. Passed, approved and adopted this day of 2006. Roy D. Suol, Mayor Attest: Jeanne F. Schneider, City Clerk Planning Services Department City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org D~~~E ~~~ May 8, 2006 The Honorable Mayor and City Council Members City of Dubuque City Hall- 50 W. 13th Street DubuquelA 52001 Applicant: Location: Description: Dean & Patricia Butler/John Herrig South of Derby Grange Road, Dubuque County To rezone property from County A 1 Agricultural District to City R-3 Moderate Density Multi-Family Residential District in conjunction with annexation to the City of Dubuque. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The application, staff report and related materials are attached for your review. Discussion The applicants' agent spoke in favor of the request, reviewing the location of property, existing and future access to the eight acres, and that the owners don't plan to develop the property in the near future. Staff reviewed proposed rezoning, noting that the eight acres is surrounded by the property the Herrigs are annexing to the City of Dubuque. There were no public comments. The Zoning Advisory Commission discussed the request, noting that a future street will be stubbed to the property from the Herrig property. The Commission discussed the R-3 zoning request and recommended that the property be rezoned to R-2 Two-Family Residential District rather than the R-3 requested. Recommendation Bya vote of 7 to 0, the Zoning Advisory Commission recommends that the City Council approve the request, subject to the eight acres being rezoned to R-2 Two- Family Residential District. Service People Integrity Responsibility Innovation Teamwork Dean and Patricia Butler, South of Derby Grange Road May 8, 2006 Page 2 A simple majority vote is needed for the City Council to approve the R-2 rezoning. The owners must also agree to the R-2 rezoning. A super majority vote is needed for the City Council to approve the R-3 rezoning as requested by the owners. Respectfully submitted, Jdtd.:tJ:e- Zoning Advisory Commission Attachments 04/21/2~~b ~8:3~ 31~~8881L8 ,JUMN Mt.r::ro:::..LU r............. <.IJI.. ffi~ ~-k~ cty d Dubuque PlannIng s.n1als 0...- b. .elll: 0IIbl1CP"\, IA 521101.... ""'--: 5li3-5ll!Jo<IZ10 FIlC 563-589-4221 iZ.:~ (i;i~OORM i5=:~ Dull'lll8l SIIllBCk _ [:iT. A,._4.... 851m1* S-.~ ~.~ (JOIhw: ~--- _ Dr aotnt . .~... In InIl . ~t'fowner(s):'OoOY'\ ~O() fahlii.Q..; Pncne:C;;~7,-':;C;(r>-53~3 ,t(ld.-': I - t . 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Q) .- o......-oc 5 I-'" <( 0 Q).- . . .z-:2: 32 16 C:C:C')!!!~ o :::l I .... .... +::00::0::2 .9-u >> >> l'IJ ... -- o E.- .E .!: moul'lJ:!:: 0~.9l.1..3: -0 Q) c: o N Q) 0:: Q) .0 o - l'IJ Q) ... <( -0 Q) en o a. o ... a... en - .E :.:J .z- C3 R........... ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ..-~~~....~, M-.'" ____"___.:r,:~ ~I' ~ " , f, lit 4r ~~-,;.~ n.L BROOK HILLS P~~pared by: SCHNEIDER Land Survey1ng and Plann1ng.lnc. P.D.Box 12B Farley. Iowe 52046 PhI 563-744-3631 ~~~ ~~u. "'w ~m~~ f5";a)~ u.... . ~u.. !l!~IIl~ .; !i g ~;~ ":J ffi~ifiN~ ;N f i~~::.g 0 OorirD~rd~ fR u...... >.... ....u... .." WJCw.......... f '" zU>rnu..... -c !i,1 .. <t 3: o H W ~ll f..!!i1 niij ~~~ "'lXl I ~: I il!~ II ~ ~d 1/ 9 ~ SUo. II a:2 ~o~ Co~B .~ ~~u. ~ ~ Or? 101 cC' LU>- .....>- a:Z co=> ZO LUU LULU a:=> "'e => co => o PROPRIETOR: LUCIl.LE R. BUTLER TRUST, OONALD D. BUTLER TRUST. DEAN C. BUTLER AND PATRICIA A. BUTLER SURVEY REQUESTED BY: DEAN BUTLER 1351B DERBY GRANGE RO. DUBUQUE. IOWA 52002 SURVEY DESCRIPTIO~ SEE SHEET 2 OF 7 FINAL PLAT BUTLER'S HILL, ~~~ SECOND ADDITION, 3~~ DUBUQUE COUNTY, IOWA.~"'~ It fEPLAT OF LOTS .!s.-2 AND 3 IN .....v,n BUTLER'S HILL,. FII1Z:iI ADDITION. ~ . IJUBlJCI.E COlMTY. lOW.. b:ifrl .RE~. ,\5: 1286' oJ Ul · "7 ~~~ '. a:~uu.. 15.... 11000- ;,~ '":!:l:j% l"li: ,,~!i1 men u. lll~ 1Il1ll!;; ~ EAST LI~ OF LOT 2 OF LOT 2 AS FENCED AND OCCUPIED. ~~~~.~. "'> i;:", :"~'\ ,$: m::; LOT 3 ;., .m ..._, ""_Non w"'" X N ~~ ~~ \\ l~~& ~~ 16.19 ACRES o. ~:i 2 ;,Iil \ \ ,U... LOT 3 ~~ ~ll) ~~ " pm ~ ~~ 0'00'00" 697.00' iN ~~ 8ai 3 u~ ~l\l 19.1.' LOT 2 ll'i" ~ B.OO ACRES III 8 !! W , o. 0.... . . 01 '" O. 01 oon ,.' ,... cn""'OC\t g:i !,,8i ;:Ii.. . < Ill. , [;j 0100 ll! W o. 0'" g: '.. ~'" W ll!} ",~!:l:~ ~;m;!i1 .:;j~~5 UJUl....Uu. SCHNEIDER Land Surveying & Planning, Inc. P.O. Box 128 Farley, IOMa 52046 Ph. 563-'4"-3631 Fax 563-744-3629 PROJECT NO.: 6AA Dote: 3 1e 200S Only Sheet: 1.of 7 LOT 2 !" OJ. ~l!l lD. .... . 0 .... lJ1 ~ '" ... 0- Il!lXl 9...i:l~~ .... u "'~'i~~! ...~... "rd~d~ u...... >... ~u .. !~~u.~; , a. '" ... ........u ~" ..... o"'o~ %...J.... :::UD-J"f OUJw.... LLa:>.. 7.00' O.OO'OO"E 697.00'~~ , ....u "''' ~a:~~ ........ I-m...J'lf ~~~; W :.. ~N _ 0 ",' 001 ~r;; lJ1~ W ~~~= "''''m''ll' !l!~'":m~ 15"'10 .. u...... .. ....UND. S'sw......~ %mU)....uL&. LOT 1 36,33 ACRES LOT ~ '" .. 0- WID 9....S!~~ .... " (i~~! o-~... ";cd!iiJ~ u...... >... ~u .. ~ll!lllu.}; 1 NDTE: GENERAL INGRESS AND EGRESS TO LOT 1 WILL BE REllUlRED ACROSS LOT 3 IN BUTLER'S HILL SECOND ADDITION, DUBUQUE COUNTY, IOWA NOO"IS'55"E 1322.63' S'l\I~.. ,16.. "f,'q}4.. S~c..f>. _Z I hereby cert1fy that th1s land surveying docuaent was p~eper.o end the related survey work W88 perfor~d by me or under my direct personal supervision and that I .. 8 duly 11 d Land Surveyor under the laws of tr,teJ) · David P. Schneider My licanse renewal dete 1s Pages or sheet. covered by UA17 Deeelibe,. 31. th1s S88l: Th1s Sheet III ''; ~'" :;:!:l m -1' ~?\i .0 u'" ~, "'01 10 In l' oiw 'N -00 '!Ii!( .W ~~ , . -~ ,,- z .U NW '''' ~ !:l: N Il!ID ~'q'<<~~ ";W 0....... U '(\I ....I....z. ....0: iL&.lHm~i! r~ o .......-J Q:l N";cD~rd~ ~.... u ...... >............ ::;ifrl ....~I.... lH_lCncnu.... .u NW :::'" " l\j .~ a:~~o Wiu..... !!il!!li!tz u ....~ ..~'i! ....u.. U;~t; o o en o o '" . Vw . ::;~ 'l"1 " Z" 0> ~e ~~ "';frl ~'" o ~ 0 0 lD LU -' .. U Ul 0 U 0 ..... (T') :c a. <t a: '" ~;., !"OI :;:0 m;;; 1D~ o REZONING STAFF REPORT Zoning Agenda: May 3, 2006 Property Address: 13518 Derby Grange Road Property Owner: Dean and Patricia Butler Applicant: Dean Butler/John W. Herrig Proposed Land Use: Residential Proposed Zoning: R-3 Existing Land Use: Agricultural Existing Zoning: County A-1 Adjacent Zoning: North - County A-1 East - County A-1 South - County A-1 West - County A-1 Adjacent Land Use: North - Residential East - Agricultural South - Agricultural West - Residential Former Zoning: 1934 -N/A; 1975 - N/A; 1985 - County A-1 Total Area: 8 Acres Property History: The subject property has been used for agricultural purposes since its settlement. Physical Characteristics: The subject property is characterized by rolling topography that drains primarily to the northwest. Concurrence with Comprehensive Plan: The proposed rezoning involves the. Comprehensive Plan's Land Use Element: Goal 1.2, 1.5,2.2,2.3,6.1,6.2,6.3,7.2, 8.5,10.2 and. 10.6. Impact of Request on: Utilities: City utilities will have to be extended to the subject property to serve the proposed developments. City water will be extended along the right-of-way of Plaza Drive through property owned by Motor City LLClWendell Corey. Sanitary sewer will also have to be extended northward through the Motor City LLClWendell Corey property and will have to utilize lift stations to bring the flow back toward the City of Dubuque where the City's existing gravity sewer system can accommodate the additional flows from the proposed development. Traffic Patterns/Counts: The proposed area for rezoning will be served by an existing recorded easement with access to Derby Grange Road. Based on 2001 lOOT counts, Derby Grange Road carries approximately 650 average daily trips. Rezoning Staff Report. 13518 Derby Grange Road Page 2 Public Services: Existing public services can serve the proposed site once it develops. Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion control is provided during all phases of development and storm water detention is provided in compliance with City of Dubuque Ordinances and policies. Adjacent Properties: The most likely impacts to adjacent properties will be additional vehicle trips on surrounding roadways and higher ambient light level than existing in the area. 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: The applicants are requesting rezoning of the subject property to R-3 Moderate Density Multi-Family Residential District concurrent with annexation to the City of Dubuque. This property encompasses eight acres. The area of the requested rezoning/annexation is surrounded by property owned by the Herrigs. City utilities will have to be extended to the Butler and Herrig properties through the area proposed for development by Motor City LLClWendell Corey. The City is working with both developers to provide these utilities in a manner that meets their timetables and at a level of service necessary to serve their proposed developments. The Zoning Advisory Commission will see more details on the utility and street systems once plats are submitted for the Herrig development. The Butler property will be served once the utilities are extended to serve the Herrig property. The applicants are requesting that the property be zoned R-3 Moderate Density Multi- Family Residential, which allows a range of housing styles from single-family top six units in a building to allow apartments, townhouses or condominiums. Mr. Butler, though, has no immediate plans for developing the subject eight acres. Planning staff recommends the Zoning Advisory Commission review Section 6-1.1 of the Zoning Ordinance that establishes criteria for the review of rezoning requests. . P",,".d "" jt' 1 ~ ...'owed p/A { Date: 4/. 2' t, .Db Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W 13th St Telephone: 589-4210 Return to: Jeanne Schneider City Clerk Address: City Hall- 50 W 13"' St Telephone: 589-4121 ORDINANCE NO. -06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED 13518 DERBY GRANGE ROAD FROM DUBUQUE COUNTY A-1 AGRICULTURAL DISTRICT TO CITY OF DUBUQUE R-3 MODERATE DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT, CONCURRENT WITH ANNEXATION Whereas, Dean and Patricia Butler, property owners, have requested rezoning concurrent with annexation to the City of Dubuque in accordance with Section 2-3 of Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances; and Whereas, this request has been found to be consistent with the Comprehensive Plan and the Future Land Use Map of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from Dubuque County A-1 Agricultural to City of Dubuque R-3 Moderate Density Multi-Family Residential District, to wit: Lot 2 Butler's Hill Second Addition, all in Dubuque County, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law, and at such time that the herein described property is legally annexed into the City of Dubuque, Iowa. Passed, approved and adopted this day of 2006. Roy D. Suol, Mayor Attest: Jeanne F. Schneider, City Clerk Planning Services Department 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax planning@cityofdubuque.org THE CITYOf' C,._ ':'1..._.___.. TJLI3'C'l)UE -~,---~- ~~~ To: ~"f\.t.. 'Sch~ Wo~ Date: ub /O~/~b From: ~~ D As per your request o For information only o For review and comment D Please return Gl"Special instructions: e~~ ....tUt.~ ~ if ~ ~ &k'1 ~ Cffv.J\c;J 'ns --. ____u_._. _, ".--"r'"-.-"--- .-_,_........~ .......""'................, ~IIU Iv~QII.Y Uw",",ln..":~U aO':) IUIIUWO:>>. lot 2 of Butler's Hill Second Addition, Section 17, T89N, R2E of the 5th P.M. in Dubuque County, Iowa. WHEREAS, the Developers intend to request that City annex the Property; and WHEREAS, as an incentive to Developers to voluntarily apply to City to annex the Property and 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 a final order of the City Development Board, after the exhaustion of any and all appeals from the action of the Board or the expiration of the time within which such appeals may be brought, approving the voluntary annexation of the Property. In the event the City Development Board order approves such annexation as to less than all of the parcels in the Property, this Agreement shall be null and void with respect to any of the parcels not included in the Board's order. 1 I tn .... CI) s::: ~~ 0._ ~s::: ~o CI) N c.CI) 00::: ...."'C D..CI) s::: tn <C .2 &. 1-1\;0 -><.... ~CI)D.. J:s:::"'C )(S:::s::: W<Cns 1- i ISf I . ~ . ~ r!~ .; ;" " . ~ I E ~ . E ~ E 'j . ~ .. :., .. U m " " ~ :., !i~ -'l ... '" . '" 1i.m " u .~ ",. 0 . o.fl ~ ..~ 15 "'b , '" ~ <>- <n. ~. ",. ~ , ~~ 3!;t iI ~ ~o .. :~ . . 0", , ~ :;; ~N o~ "0 " [~ . 0_ ,,~ " ~- "'... eui I I EI I I 0..0> D I "(s-' ~ \.,,: . . ';< .... 0, "' 0, '" o c o ~ m . <J)~ <'i.\: "'>- C:~ ~u o ~ "'''0 ~ 5-~ o~'" -.c"t: "'~" ac~ >-" >-.0" ~~5 "-0'" m'g~ UQ:~ m ~ 1iic ,I I I . !3~ "'.U ~ " <J) '" c .. c .!!! BROOK HILLS BROOK HOLLOW ..:-t;c..[.: Planning Services Department 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax pIanning@cityofdubuque.org THECI~:~!~__ " ,~__ l)ul'ILJl)UE ~ ~~~ To: ~N... ':x.h~ croCLJ\Jl- Date: I1b /o~/~tJ From: ~.~ D As per your request D For information only D For review and comment D Please return Q'Special instructions: e~~ "'M~ ~ fJ' ~ ~ ~/lq &t; Ct;v.;\w -ns . Prepared by BarT)' A. UndahlJOO Main Street Sune 330 Dubuque IA 52001 563563-4113 Return to: Jeanne Schneider, City Clerk Address: City Hall, 50 W. 13th St. Telephone: 589-4120 AGREEMENT BElWEEN THE CITY OF DUBUQUE, IOWA AND DEAN AND PATRICIA BUTLER This Agreement, dated the _ day of , 2006, is made and entered into by and between the City of Dubuque, Iowa (City) and Dean and Patricia Butler (Developers). WHEREAS, Developers are the owner of the real property (the Property) shown on Exhibit A, incorporated herein by reference, and legally described as follows: Lot 2 of Butler's Hill Second Addition, Section 17, T89N, R2E of the 5th P.M. in Dubuque County, Iowa. WHEREAS, the Developers intend to request that City annex the Property; and WHEREAS, as an incentive to Developers to voluntarily apply to City to annex the Property and 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 BElWEEN THE PARTIES AS FOLLOWS: 1. This Agreement is subject to a final order of the City Development Board, after the exhaustion of any and all appeals from the action of the Board or the expiration of the time within which such appeals may be brought, approving the voluntary annexation of the Property. In the event the City Development Board order approves such annexation as to less than all of the parcels in the Property, this Agreement shall be null and void with respect to any of the parcels not included in the Board's order. 1 ""'! 2. Upon the filing of the 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 City Development Board as provided by law. The Developer agrees not to withdraw the application or any part thereof after its filing with City. 3. City agrees to waive the $650 rezoning fee for the rezoning of the Property. 4. City agrees if Developers' annexation application is approved by the City Council, the resolution approving the application shall provide for the transition for the imposition of city taxes against the Property. The 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. 5. This Agreement shall apply to and bind the heirs, successors, and assigns of the parties. 6. All 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 in writing executed by both of the parties. 7. 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 DEVELOPERS STATE OF IOWA DUBUQUE COUNTY ) ) ) ss. On this / ~ day of '-miU.L , 2006, before me, the undersigned, a Notary Public in and for said St~y appeared DEAN BUTLER and PATRICIA BUTLER, to me personally known, who being by me duly sworn, did say that they are the Property Owners; and that the said DEAN BUTLER and PATRICIA BUTLER acknowledged the execution of said instrument to be the voluntary act and deed 'of said corporation, by it and by them voluntarily executed. ~ /1'~jNd . Notary Public in and for said State fA', 'O.~ ,.p'D' ~ en ... CI) r::: ~~ 0._ ~r::: ~o CI) N c.CI) O~ "'"c D..CI) r::: en <c .2 &. ..........0 _cu... e;!~D.. J:r:::"C ><r:::r::: w<Ccu J 4 ISf : I!! ~ ..u i~ o~ ~~ 8.~ o . ~'" Bocn ~ ~ . 8 " ~ 01 :1 :>0 ~ ~ ~ ~ b '9 .~ 5 ~~ <; ~ p: ~<'Il g >D 5~ ..0 ~;: 8~ B <.>~ r~ II &1.11; . E . .... 0; ~ , " . o E . ~ .. < . . " a .E . J: " ..,. ..~ <no ~~ ~N o~ ~~ . : E '-' .., u '" , Q !1 ", '" 0, :g ~ o ~ m . <n~ - ~ "", ~~ O() o ~ <O~O ~ &~ 000 <o.g .~ or;.=: >>.0 ~ .0"0'" "O~o J!:l:2~ m > ~ ~ 0 0 ........:.;::l () lL m m . - ~ m ~ BROOK HILLS BROOK HOLLOW . - .,~C:L Planning Services Department 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax planning@cityofdubuque.org '- TJIEClTYOF C_ ~:\ [)(TI'3ti Q1J E ~ck~ To: ~N.- ~~ C- ~ ~ Date: ~610~/06 . I From: ~Q D As per your request LJ For information only For review and comment D Please return , ~Special instructions: ~~Cc0 PVIf! -U//1V1.U.CdtfN'- ~' cfuv~ Jw (f) /lct ~' (1.$U.V\ W ~ Prepared by Bany A. Undahl300 Main Street Sule 330 Dubuque IA 52001563583-4113 Return to: Jeanne Schneider, City Clerk Addr.....: City Hall, 50 W. 13th St Telephone: 559-4120 AGREEMENT BElWEEN THE CITY OF DUBUQUE, IOWA AND JOHN W. AND SALLY JO HERRIG This Agreement, dated the _ day of , 2006, is made and entered into by, between and among the City of Dubuque, Iowa (City) and John W. and Sally Jo Herrig (Developers). WHEREAS, Developers are the owners of the real property shown on Exhibit A, incorporated herein by reference, and legally described as follows: Lot 1 of Lot 2 of the SW 'l4 of the SW 'l4 of Section 8, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (parcellD # 1008451003) Lot 1 of Butler's Hill Second Addition, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (parcellD # 1008376003); Lot 3 of Butler's Hill Second Addition, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (parcellD # 1008451004); Lot 2 of the N % of the SW 'l4 of Section 8, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (parceIID# 1008328003); and SW 'l4 of the SW 'l4 of Section 8, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (parcellD # 1008351001); and WHEREAS, Developers intend to request City to annex the Property; and 1 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 set forth herein. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. This Agreement is subject to a final order of the City Development Board, after the exhaustion of any and all appeals from the action of the Board or the expiration of the time within which such appeals may be brought, approving the voluntary annexation of the Property. In the event the City Development Board order 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 in the Board's order. 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 City Development Board as provided by law. Developers agree not to withdraw the application or any part thereof after its filing with City. 3. City intends to construct a sanitary sewer which will be available to serve the Property. The fee for sanitary sewer connection of lots in the Property to City's sewer system shall be as follows: a. For the portion of the Property designated as the A-1 District on Exhibit A incorporated herein by reference, the fee for connection to the sewer system shall be $5,000.00 provided that such A-1 District shall be developed and used exclusively for Developers' personal residence. The fee shall be paid to City upon connection of Developers' personal residence to City's sewer system. If the A-1 District is developed for any purpose other than for Developers' personal residence, Developers shall pay the connection fee of $500.00 per acre for any property developed for any purpose other than the Developers' personal residence. The $500.00 per acre fee shall be paid within twelve (12) months after final plat approval for each phase for any property developed for any purpose other than the Developers' personal residence. b. Developers shall pay the $500.00 per acre connection fee for any property designated C-3 General Commercial District on Exhibit A incorporated herein by reference. Developers agree to pay the connection fee to City for each lot sold by Developers at the time of the sale of each lot and based upon the acreage of the lot. 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. Regardless of the number of lots sold by Developers, if any, however, Developers shall pay to City by no later than five (5) years from the date of this Agreement the entire balance of the connection fee based on the total acreage of the C-3 General Commercial District. c. Developers shall pay the $500.00 per acre connection fee for any property designated R-3 Moderate Density Multi-Family Residential District on Exhibit A 2 incorporated herein by reference. Developers agree to pay the connection fee to City for each lot sold by Developers at the time of the sale of each lot, based upon the acreage of the lot sold. 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. Regardless of the number of lots sold by Developers, if any, however, Developers shall pay to City by no later than five (5) years from the date of this Agreement the entire balance of the connection fee based on the total acreage of the R-3 Moderate Density Multi-Family Residential District. 4. City shall provide an interest-free loan to Developers in an amount not to exceed $150,000 for the construction of a sanitary sewer to serve Phase 1 of the R-3 District. To be eligible for this loan, the work must be bid and contracted by City and is subject to City bidding requirements. a. Developers shall cause to be prepared at their expense by an Iowa licensed professional engineer and submit to City all plans, specifications, and construction documents for the sewer necessary for City review and approval and to comply with the requirements of state law for public improvement contracts so that City can bid the project and award the contract as a City project. If the cost of the selected bid exceeds the loan funds offered by City, the Developers shall have the option to contract separately for the improvements in excess of the loan funds offered, or to pay City's cost of the improvements in excess of the loan funds offered to City prior to bid award, or to reduce the scope of the project to match the loan funds offered by City. b. Upon completion of the construction of the sewer, all dwellings constructed in the R-3 District shall be connected to City's sewer. c. City shall establish a loan repayment schedule of payments to be paid by Developers to City at the time of the sale of each R-3 lot. Each such payment shall be credited toward Developers' loan. Not later than five (5) years from the date of this Agreement, the entire balance of the loan shall be paid by Developers to City. d. As security for the loan by City to Developers, Developers shall, prior to the award of a contract for the construction of the sewer, execute and deliver to City, in a form acceptable to City a promissory note and mortgage encumbering the Property or such other security as may be acceptable to the City Manager in the City Manager's sole discretion. 5. City shall provide an interest-free loan to Developers in an amount not to exceed $50,000 for the construction of a water main to serve Phase 1 of the R-3 District. To be eligible for this loan, the work must be bid and contracted by City and is subject to City bidding requirements. a. Developers shall cause to be prepared at their expense by an Iowa licensed professional engineer and submit to City all plans, specifications, and construction documents necessary for the water main for City for City review and approval and to 3 comply with the requirements of state law for public improvement contracts so that City can bid the project and award the contract as a City project. If the cost of the selected bid exceeds the loan funds offered by City, the Developers shall have the option to contract separately for the improvements in excess of the loan funds offered, or to pay City's cost of the improvements in excess of the loan funds offered to City prior to bid award, or to reduce the scope of the project to match the loan funds offered by City. b. Upon completion of the construction of the water main, all dwellings constructed in the R-3 District shall be connected to the water main. c. City shall establish loan repayment schedule of payments to be paid by Developers to City at the time of the sale of each R-3 lot identified in Phase I of this development. Each such payment shall be credited toward Developers' loan. Not later than five (5) years from the date of this Agreement, the entire balance of the loan shall be paid by Developers to City. d. As security for the loan by City to Developers, Developers 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 mortgage encumbering the Property or such other security as may be acceptable to the City Manager in the City Manager's sole discretion. e. City shall pay to Developers the difference between the material cost of 8-inch and 12-inch water main for water main that the City Manager determines in the City Manager's sole discretion is required by City for future development, provided that City shall have no obligation to pay Developers such difference in the material cost for water main which the City Manager determines in the City Manager's sole discretion is required by Developers to support the construction and the development of the Property. 6. The loans provided under paragraphs 5 and 6 are being made for services to principally residential development. Any benefit to future commercial development is incidental only. 7. City agrees if Developers' annexation application is approved by the City Council, the resolution approving the application shall provide for the transition for the imposition of city taxes against the Property. The 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%). 4 The five-year period shall begin when the Property is placecl 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. 8. City agrees to waive the $1,000 rezoning fee. 9. Failure by Developer to pay any connection fee 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. 10. This Agreement shall apply to and bind the heirs, successors, and assigns of the parties. 11. All 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. 12. 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 5 DEVELOPERS ///, / i/~ ""'/,/ DUBUQUE COUNTY ) ) ) [ STATE OF IOWA ss. ~. On this <),).,,)01 day of Jn~, 2006, before me, the undersigned, a Notary Public in and for said State, pers ally appeared JOHN .~ERRIG and SALLY JO HERRIG, to me personally known, who being by me duly sworn, did say that they are the Property Owners; and that the said JOHN. -.. HERRIG and SALLY JO HERRIG, acknowledged the execution of said ins'GUinent to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. t(~q.~ Notary Public and for said State }~z.... KAY A, MU~LLER .f~: C-orr,mlulon Nu~be( 16-3494 . 10.-;:- W)' Commlui'J", EIplrtt-.L:a'l 6 .. r! l!! .. u i~ o~ ~I" ..0 Q.~ o . ..'" 0..'" ~ ~ Q) r::::: ~~ 0._ ~r::::: ~o Q) N c.Q) O~ ....-c Q.Q) r::::: tn <c .2 8- l-1Uo -><.... !!!Q)Q. :I:r:::::-c ><r:::::r::::: w<Ccu J ~ ISf I ~ o g .; . = , '" o .0 jj "- 00 Ii . C> ~ E . I o ~ ~. ;;;~ <nO 000 -'"' S~ ~~ ~ ~ " . ~ ~ E = '" " E U " '" " .,. ... u '" "m u " C2~ . .,. o. , ~~ "'~ ~ , il ~ . . ~~ , i2 o~ uo C> u~ 0111 "'... m 1= II L.J 0, ., 0, ., o g ~ ~ <n~ (5~ ~~ '0 o ~ .,~O ~ &:2 0,,,, <0"9 .~ 3';.:;: ~~~ ,,~, ~~~ e 2.2 <Jam sA'l me BROOK HILLS BROOK HOLLOW -= !:.:C(. - ~ ~ ~.~ ~ ~ <n '" c 'c c ..!! Planning Services Department 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax planning@cityofdubuque.org T~~ CI~_~~~~.~~_ I)UBUQUE ~ck~ To: ~~~ cn~ Date: ex, r~IOc. From: ~(\. D As per your request D For information only D For review and comment IJ Please return ~Special instructions: ~i~ .1f!!:-CU1~~ ~ cfr ~ rkto-/vf Cd1r -IvY (Plfe, ~ GKnci.1 ~~ ., . Prepared by Barry A. Lindahl 300 Main Street Su~e 330 Dubuque IA 52001 563 583-4113 Return to: Jeanne Schneider, City CIeri< Address: City Hall, 50 W. 13th 51. Telephone: 589-4120 AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MOTOR CITY LLC -y,(~ This Agreement, dated the ~ day of , 2006, is made and entered into by and between the City of Dubuque, Iowa (City nd Motor City LLC (Developer). WHEREAS, Developer is the owner of the real property (the Property) shown on Exhibit A, incorporated herein by reference, and legally described as follows: W % of the NW y.. of the NE y.. of Section 17, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (Parcel 1 ); E % of the NW y.. of the NE y.. of Section 17, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (Parcel 2); and NE y.. of the NE y.. of Section 17, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (Parcel 3). WHEREAS, the Developer intends to request that City annex the Property; and WHEREAS, as an incentive to Developer to voluntarily apply to City to annex the Property and 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 a final order of the City Development Board, after the exhaustion of any and all appeals from the action of the Board or the expiration of the 1 time within which such appeals may be brought, approving the voluntary annexation of the Property. In the event the City Development Board order approves such annexation as to less than all of the parcels in the Property, this Agreement shall be null and void with respect to any of the parcels not included in the Board's order. 2. Upon the filing of the 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 City Development Board as provided by law. The Developer agrees not to withdraw the application or any part thereof after its filing with City. 3. City intends to construct a lift station and force main sanitary system which will be available to serve the Property. The fee for connection of lots in the Property to City's force main sanitary system shall be $500.00 per acre. Developer agrees to pay the connection fee to City for each lot sold by Developer at the time of the sale of each lot and based upon the acreage of the lot. 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. Regardless of the number of lots sold by Developer, if any, however, Developer shall pay to City by no later than five (5) years from the date of this Agreement the entire balance of the connection fee based on the total acreage of the Property. Failure of Developer to pay any connection fee 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. 4. Developer shall construct a graded road on the Property which shall extend to the north property line of the Property where it abuts the south property line of the property owned by John and Sally Herrig by no later than July 1, 2007. City will construct its sewer force main in the graded road. Developer shall construct in the graded road a water main which will serve the Property and which shall be completed by no later than August 30, 2007. The water main shall extend to the north property line of the Property where it abuts the south property line of the property owned by John and Sally Herrig. Upon completion of the water main, City agrees to pay to Developer the difference between the material cost of 8-inch and 12-inch water main for water main that the City Manager determines in the City Manager's sole discretion is required by City for future development, provided that City shall have no obligation to pay Developer such difference in the material cost for water main which the City Manager determines in the City Manager's sole discretion is required by Developer to support the construction and the development of the Property. 5. City agrees to waive the $2,000 rezoning fee for the rezoning of the Property. 6. City agrees if Developers' annexation application is approved by the City Council, the resolution approving the application shall provide for the transition for the imposition of city taxes against the Property. The Property shall be entitled to the following partial exemption from taxation for city taxes for a period of five years: ? MOTOR CITY LLC By: ~cJ endell W. Corey Manager STATE OF IOWA ) ) ss. DUBUQUE COUNTY ) On this Sri, day of /}~ ,2006, before me, the undersigned, a Notary Public in and for said State, personally appeared WENDELL W. COREY, to me personally known, who being by me duly sworn, did say that he is the Manager of said corporation; that [no seal has been procured by the said corporation]; that said instrument was signed [and sealed] on behalf of said corporation by authority of its Board of Directors; and that the said WENDELL W. COREY, as Manager, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. o~..,., '.. . . Ow LINDA D. GILSON CommiSSion Number 177781 MY COMM. EXP /.;;.. 7-tJ7 ~ ;So L.. 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