Annexation - Motor City, Herrig's Butlers
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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
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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
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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
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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
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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.
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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
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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
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PlannIng ServIces Department
Dubuque. IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
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AppIicantJAgent: John hI HOhhi{l
Phor1e: S QUI
Address:
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MobIelCeJlular Nl.mber:
SIte loaIlloll/addless: /3316 and 13500 1JeJr.bV ~/I' Road lJUhllq,'O,
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TolzIIplopeoty(lot}iIIt!III(sqJiIIereetoraaes): 112 AMOA MIL Oh ~2 4th.,... UI/
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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:
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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
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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
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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 (,:: """._
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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
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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
,
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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!
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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~,......,,",___._,..",,
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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
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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
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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
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~~~
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
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THE CITY OF ':
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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~ ~~..-
. ... ....,.., . .,... ..---
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Phone: S6J.589-421II
Fax: 563-589-4221
PLANNING APPUCAnON FORM
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Applk3nt/AgIC, \JJ~f-toe.U':'" W. C.nCl''I'' . Phbne:~~3:".lo
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u:K I JM.CA'IlON: JNte..lf1e Uildeos/glled, cO- hen!by certify ltlat:
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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.
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FOR OFFICI! USE ONLY - APPLICA"qON ~J JAL QfECKLIS1'
Fee: RecEIIIed by:
OSite/skeldI plan 0 ~.., ~..e.~ Plan
~ plans OOeslgn leIIlew proJec1 desafpUan
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OFloor plan
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Oother:
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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
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K]Annexatlon
Orempcnry Use Pennit
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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
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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:
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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
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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
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MEMORANDUM
May 9, 2006
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager~
RE: Voluntary Annexation Request of 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
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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
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Property Owners
(195.100 Total Acres)
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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
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Dubuque City Limits
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Butler/Herrig/Motor City Annexation 04_26_06
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MEMORANDUM
May 11 , 2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Voluntary Annexation Request of John and Sally Jo Herrig
Planning Services Manager Laura Carstens is recommending that a public hearing be
set for June 19, 2006, to consider a voluntary annexation request of John and Sally Jo
Herrig for 112.10 acres and the Zoning Advisory Commission's recommendation on the
zoning of this property.
The annexation will be contingent on approval of the zoning and an annexation
agreement that will also be on the June 19, 2006 Agenda.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
(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
~
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MEMORANDUM
May 9, 2006
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager ~
RE: Voluntary Annexation Request of John and Sally Jo Herrig
Introduction
This memo transmits a request from John and Sally Jo Herrig for annexation of 112.10
acres of their property south of Derby Grange Road, in conjunction with rezoning their
property to R-3 Moderate Density Multi-Family Residential, C-3 General Commercial,
and AG Agricultural. A staff report and application materials concerning the Herrigs'
request are enclosed.
Discussion
On May 3, 2006, the Zoning Advisory Commission recommended approval of R-2 Two-
Family Residential rezoning rather than the R-3 requested by the Herrigs, and that the
C-3 District utilize the rear yard setback of 20% of lot depth.
The City Council's public hearing on the rezoning request should be held concurrently
with the public hearing on the annexation. Staff recommends that a public hearing be
held at the City Council's June 19, 2006 meeting to meet State Code notification
requirements for annexations.
The applicants have requested City financial assistance to facilitate future
development. An agreement for City assistance is being negotiated, and the
recommended agreement will be provided for City Council consideration at the public
hearing.
State law requires that the City annex to the centerline of any adjoining County
secondary road, so 0.647 acres of right-of-way for Derby Grange Road is included.
Recommendation
I recommend that a public hearing on the voluntary annexation request of John and
Sally Jo Herrig be set for the City Council's June 19, 2006 meeting.
Attachments
cc Bob Green, Water Department Manager
Gus Psi hoyos, City Engineer
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oty of Dubuque
Planning Services 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
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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
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Property Owners
(195.100 Total Acres)
Dean & Patrlcl. Buller. 8.000 acros
John & SaKy Jo Herrig-
112.10 acres
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Corey/Motor; City LLC .
75 acres
County Right-ol-VVay .
0.647 acres
Dubuque City Li'T1i1s
Asbury City Limits
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MEMORANDUM
May 11, 2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Voluntary Annexation Request of 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
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MEMORANDUM
May 9, 2006
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager ~
RE: Voluntary Annexation Request of 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
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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 ~
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, ' \
-
Date:
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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
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'.
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
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Annexation Property Owners
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Property Owners
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Dean & Patricia Butler. 8.000 acres
John & Sally Jo Herrig.
112.10 acres
CoreyiMolory City LLC .
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Butler/Herrig/Motor City Annexation 04_26_06
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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
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DEAN BUTLER
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DUBUQUE. IOWA 52002
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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..._.___..
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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.
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Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
pIanning@cityofdubuque.org
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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
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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
)
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?
.
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
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Notary Public in and for said State
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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_ ~:\
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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
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BROOK HILLS
BROOK HOLLOW
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Planning Services Department
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
planning@cityofdubuque.org
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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
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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.
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LINDA D. GILSON
CommiSSion Number 177781
MY COMM. EXP /.;;.. 7-tJ7
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Notary Public in and for said State
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