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Zoning J. Herrig - Derby Grange . 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. 55-06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED SOUTH OF DERBY GRANGE ROAD FROM DUBUQUE COUNTY A-1 AGRICULTURAL DISTRICT TO CITY OF DUBUQUE AG AGRICULTURAL DISTRICT, R-2 lWO-FAMIL Y RESIDENTIAL DISTRICT AND C-3 GENERAL COMMERCIAL DISTRICT, CONCURRENT WITH ANNEXATION, WITH CONDITIONS. Whereas, John W. and Sally Jo Herrig, 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. The application of John W. and Sally Jo Herrig, property owners, for reclassification of the subject property to R-2 Two-Family Residential and C-3 General Commercial, has received a recommendation of approval from the Zoning Advisory Commission, subject to conditions, and the applicant has accepted the conditions. Section 2. 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 AG Agricultural District, R-2 Two-Family Residential District and C-3 General Commercial District, with conditions, as shown on Exhibit B incorporated herein by reference, to wit: .\' Lot 1 of Lot 2 of the SW Y. of the SE y. of Section 8, T89N, R2E of the 5th P.M., Lot 1 of Butler's Hill Second Addition, Lot 3 of Butler's Hill Second Addition, Lot 2 of the N % ofthe SW y., Section 8, T89N of the 5th P.M., SW Y. of the SW y., Section 8, T89N, R2E of the 5th P.M., all in Dubuque County, Iowa. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. 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 17th day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2005), and as an express condition of rezoning of the property described as: As shown in Exhibit B, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. which is the subject of Ordinance No. 55 -06, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owners, agree to the following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Performance Standards 1) The following uses are prohibited in the subject C-3 General Commercial District a) Auto repair/body shop b) Mini-storage B) Reclassification of the Subiect Prooertv. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the R-1 Single-Family Residential District (which rezoning will include the removal of the performance standards in Section A above) if the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Zoning Ordinance governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) Recordina. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within ten (10) days of the adoption of Ordinance No. 55 -06. E) Construction. This Agreement shall be construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. ACCEPTANCE OF ORDINANCE NO. 55-06 We. John Herrig and Sally Jo Herrig, property owners, having read the terms and conditions of the foregoing Ordinance No. 55 -06 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this l7th day of July, 2006 By /s/ John Herrig By /s/ Sally Jo Herrig . /7/ <'.. -," ,--~:::-" .- f3Y: .... SaBy Jo H u " d :::~4-< 0 - '-< 0 '-< of ~ . 0) 0) 0 en " E g. ~ - " 0) oj o bIJ~ 0. 0 '..c~ifJ. en - ~ 0 '"d ~ . ;>; '-< " "'0 ~ 'S (l) cd C (f) 9 ;:l p...(l)'"O~ 0 8 ro :;:j'_ ....-. U D.O"'roV:} a:~~ 8 en ;:l en 0) w~o 0 ts:.r:;.5 .~ ;:l . i::i~O ;tN. 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'" 0 ~ oj 0 ;:l ~ <H Eo-; ~ - 8 (l) ;:l .- ~ . ;J 'u 0"<:: r/J,s rJ) - - ~ ., '"., -< , , . . . , , .. .' ,~ . ~~&~sa.g~~"!~~~W~"8f6~p~15~i5~~j~af 'l5S'jP H'UJ1il~r Ii ~~'"!~'~~~sjl!~~~<,,~~~hlc!~iiE~ sa; i:5h~ .l;'ill~g~c~ .h 1:!n!~~u;uH~.~i~ii~ijtifl~j~! nn~j!inhhf~e ;~~:iili~!;~f!~jjiJUmHf~!m~Ulliftillmtlg~ .. f 11111111111111111111111111111111111111111111111111111111111111111111111111111111 Doc IO: 005457600006 Type' GEN Recorded: 07/21/2006 at 12'04'03 PM Fee Amt: $32.00 Page 1 of 6 . Dubuque County Iowa Kathv Flynn Thurlow Recorder me2006-00011106 Prepared by: Laura Carstens, Citv Planner Address: Citv Hall. 50 W. 13th St Telephone: 589-4210 Return to: Jeanne Schneider. Citv Clerk Address: Citv Hall- 50 W, 13m St Telephone: 589-4121 ORDINANCE NO. -06 55 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED SOUTH OF DERBY GRANGE ROAD FROM DUBUQUE COUNTY A-1 AGRICULTURAL DISTRICT TO CITY OF DUBUQUE AG AGRICULTURAL DISTRICT, R-2lWO-FAMIL Y RESIDENTIAL DISTRICT AND C-3 GENERAL COMMERCIAL DISTRICT, CONCURRENT WITH ANNEXATION, WITH CONDITIONS. Whereas, John W. and Sally Jo Herrig, 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. The application of John W. and Sally Jo Herrig, property owners, for reclassification of the subject property to R-2 Two-Family Residential and C-3 General Commercial, has received a recommendation of approval from the Zoning Advisory Commission, subject to conditions, and the applicant has accepted the conditions. Section 2. 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 AG Agricultural District, R-2 Two-Family Residential District and C-3 General Commercial District, with conditions, as shown on Exhibit B incorporated herein by reference, to wit: (!) /3). PO C-ci" (':72..1- / July 12, 2006 Dubuque City Council, et.al. City of Dubuque City Hall Dubuque, Iowa 52001 Property Address: 13316 and 13500 Derby Grange Road Dubuque, Iowa 52002 Applicant - John W. Herrig Proposed Land Use: Residential/Commercial Proposed Zoning: R-2JC3- AG Existing Land Use: Agricultura1 - A-I Honorable Mayor and City Council: I, John W. Herrig, hereby request that you move to dispense the third reading for approval of said zoning, and make the second reading the last and final reading for approval of said zoning. Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210 Return to: Jeanne Schneider. City Clerk Address: City Hal~ 50W. 13m 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 SOUTH OF DERBY GRANGE ROAD FROM DUBUQUE COUNTY A-1 AGRICULTURAL DISTRICT TO CITY OF DUBUQUE AG AGRICULTURAL DISTRICT, R-2 TWO-FAMILY RESIDENTIAL DISTRICT AND C-3 GENERAL COMMERCIAL DISTRICT, CONCURRENT WITH ANNEXATION Whereas, John W. and Sally Jo Herrig, 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 AG Agricultural District, R-2 Two-Family Residential District and C-3 General Commercial District, as shown on Exhibit B incorporated herein by reference, to wit: Lot 1 of Lot 2 of the SW Yo of the SE Yo of Section 8, T89N, R2E of the 5th P.M., Lot 1 of Butler's Hill Second Addition, Lot 3 of Butler's Hill Second Addition, Lot 2 of the N Y, of the SW Yo, Section 8, T89N of the 5th P.M., SW Yo of the SW Yo, Section 8, T89N, R2E of the 5th P.M., 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 /A~ /~/5/tJ(/ ~f} /~~ ?/I'f DU~~E ~<k.~ MEMORANDUM June 8, 2006 TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager ~ RE: Herrig Rezoning Request Concurrent with Annexation John and Sally Jo Herrig have requested voluntary annexation of 112.10 acres of property south of Derby Grange Road, in conjunction with rezoning the property to R-3 Moderate Density Multi-Family Residential, C-3 General Commercial, and AG Agricultural. 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 Herrigs. The Commission also recommended that the C-3 District utilize the rear yard setback of 20% lot depth. At your request, I contacted John Herrig, regarding his request for R-3 rezoning versus the Commission's recommendation for R-2 rezoning and a 20% 20% rear yard setback in the C-3 zone. Mr. Herrig is agreeable with the R-2 rezoning, but wants to discuss the 20% rear yard setback in the C-3 zone. Enclosed is an ordinance with R-2 rezoning for the Herrig request. Enclosure 00 ~ ~ ~ n w [@: Jri JUN 1 2 2006 IJ!) CI1Y OF DUBUQUE PLANNING SERVICES DEPARTMENT June 9, 2006 Dubuque City Council, et.al. Property Address: 13316 and 13500 Derby Grange Road Dubuque, Iowa 52002 Applicant - John W. Herrig Proposed Land Use: Residential/Commercial Proposed Zoning: R-3/C - 3 AG Existing Land Use: Agricultural - A-I Honorable Mayor, City Council Members, City Manager and Staff: At the Zoning Advisory Commission meeting, the Commission recommended the request of R-3 Residential would be more desirable to R-2 Residential zoning. This recommendation to Jolm Herrig (Applicant) is acceptable if the City Council should wish same. As to the C-3 General Commercial District, the Zoning Advisory Commission approved same, but, recommended a 20% rear lot setback. Normally a 0% lot line set back is standard. This would not be acceptable to John Herrig (Applicant) being to restrictive as to not knowing what future request for development might occur, therefore, limiting the ability to market said parcels. ResP,ectfu~' 'd ,/;;Ltwd ~n W. Herr'g Planning Services Department City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax (563) 690-6678 IDD planning@cityofdubuque.org THE CITY OF ~ DUBl:fE1UE ~ck~ May 8, 1006 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 Applicant: Location: Description: John & Sally Jo Herrig South of Derby Grange Road, Dubuque County To rezone property from County A 1 Agricultural District to City AG Agricultural District, R-3 Moderate Density Multi-Family Residential District, and C-3 General Commercial 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 applicant spoke in favor of the request, reviewing the conceptual layout of streets and zoning, noting that future platting of the property will refine the street and lot layouts. The applicant reviewed that an extension of Plaza Drive will serve the property and be connected to Derby Grange Road. Staff reviewed the requested rezoning, noting allowed uses for both R-3 and C-3 Districts. Staff reviewed utility extensions necessary to serve the subject property. There were two public comments concerning the rezoning expressing reservations regarding multi-family residences adjacent to existing single-family homes, maintenance of existing fence lines and allowed commercial uses in C-3. The Zoning Advisory Commission discussed the request, noting that the R-3 District allows a range of housing styles but that a blanket R-3 may not be advisable in this location. The Commission also discussed concern for the proposed C-3 zoning regarding the allowable uses and setbacks. Recommendation By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City Council approve the request subject to the following conditions: Service People Integrity Responsibility Innovation Teamwork John and Sally Jo Herrig, south of Derby Grange Road May 8, 2006 Page 2 a) That the area designated for residential be designated R-2 Two-Family Residential District. b) 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. A simple majority vote is needed for the City Council to approve the request with the conditions recommended by the Zoning Advisory Commission. The owner must also agree in writing to the conditions. A super majority vote is needed for the City Council to either eliminate or modify the conditions, and to approve the R-3/C-3 rezoning as requested by the owners. Respectfully submitted, JdJCh~~~ Zoning Advisory Commission Attachments cc: Gus Psihoyos, City Engineer Bob Green, Water Department Manager m~ ~ck~ Oty of Dubuque Planning Services Department Dubuque, IA 52001~64 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPUCATION FORM o Variance OConcllional Use Permit OAppeai 05pecial Exception OUrr1te:l Setback Waiver ~Rezoning OPlanne:l District OPreJlmlnary Plat OMlnor Anal Plat [!Text Amendment (]Simple Sit!! Plan OMlnor Site Plan o Major Site Plan o Major Final Plat OSimple Subdivision IKJAnne><ation [!Temporary Use Permit OCertificate of Economic Non-Viability OCertlficat!! of Appropriat!!ness OOther. PI..-e t'Ioe or Drint leaiblv in Ink Property owner(s): =rt1UM (II JAtO (117 <;:.4, I V 1(1 f.l1=1J1]"T'r. Phone:<iA ~ ~~A_1J91 Address: 1 ~1r;n ~(J'hhO':J ' trill" . Oty: 1)"rHlq"" Slate:-1a-Zip: ~9nM Fax Number. ,A~_,~9_~~~4 Mobile/CellUlar Number. , H ,4 ~- ~ ~AA Applicant/Agent: Toll" (II lioJrJri(2 Phone: S ~r>'q Address: oty: State: _ Zip: Fax Number. MobiIe,/CeI1ul~r Number: Site location/address: 13316 and 13500 VoJr.bu GJrlV\go RO'1d lJ/lh/l(j/lo Town :;9nM Exlstingzoning: Aa ~:~-i' /-~riCD:sbict: Landmark: Legal Desciptlon (Sidwell parcel ID# or lot number/bloc!< number/subdlvislon):.Soo n;t;ta~hod 1 ognf ^ ~,C!..nhnllfj+':1 V;,..I:tq Total property (lot) area (square feet or acres): 112 AMol> Mil oJr "'1 A~Jrv^ Mil ~OO f'n",:ti"ge.n.ueA. Descibe proposal and reason necessary (attadl a letter of explanation, if needed): and Le..t.tVt. ~no A-r-{-n'JtJqA , qttg't CERTIFICATION: !/we, the undersigned, do hereby certify that: 1. The information sul:xnitled herein is true and correct to the best of my/our knowledge and upon submittal becomeS public record; 2. Fees are not refundable and payment does not guarantee approval; and 3. All additional required written and graphic materials are attached. 4. All applic.M;.i.on nee;, /lYld zon.i.ng nee;, pVt /lYlnexa.t.i.on ILequ.e;,;t and zon.i.ng Property ILO=<haJI.e hVte--i.n wa..i.ved by :the c.uy On V\Lbu.qu.eUate: Applicant/Agent Date: FOR OFfICE USE ONLY -APPU Fee: ~ ReceIved by: r/ OSite/sketI:h plan 0 Conceptual DeveloP nt Plan OImprovement plans ODesign review proj~_desOiption ON SUBMrTTAL CHECKLIST Date: 3-c..-t;>(, Docket: OPhoto o Plat DRoor plan _ DOther: 2B Lot 1 of Lot 2 of the S.W. V. of the S.E. v., of Section 8, T89N, R2E of the 5lh PM., 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 Parcel # - 1008376003 Lot 3 of Butler's Hill Second Addition, in Dubuque County, Iowa. Net Acres 16.19 Parcel # - 1008451004 Lot 2 of the N \Ii of the S.W.v., Section 8, T89N, R2Eofthe 5lh P.M., Dubuque County, Iowa. Net Acres 0.07 Parcel # - 1008328003 CONTINGENT S.W. V. of the S.W. v., Section 8, T89N,R2E of the 5lh PM., Dubuque County, Iowa. Net Acres 40 Parcel# - 1008351001 ~ ~ ~8 <12 ~l 4 f Q, ns :E ~ c .- CJ :> ,\1 / D '" ~ --( bY/{ I 19 I O<~f .f!IY " "" ~ '" J :--.::: n ~ ~ :r ~;M ... rf~ Cl 'C .... (I) I o J ~ iii C/) o/l c .s:::. o J (I) Cl C co .... <.9 >> -e>> (1)- OS _0 00 ;(1) :J :J OCT C/) :J .0 .. :J cO o +=>-0 CO CO U 0 ~o:: c . o (I) .- :J 15CT +-".C:J .2 +=> :J.o '- - ........ :J >>Ui:JcO 1:'-:::i: 0 (1)0 u_ o.-i?:'c 0 O co.-.->> s....en.......+-' ....:J c U'- a.:!: (I) 'C 0 :g50"~(I) o 'C $ 0 ; ~~~iii.9 .... 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'y;.., i, f ~ v< 'j:j 1L Ii NV'ln.Ln\f REZONING STAFF REPORT Zoning Agenda: May 3, 2006 Property Address: 13316 &13500 Derby Grange Road Property Owner: John W. & Sally Jo Herrig Applicant: John W. Herrig Proposed Land Use: Residential/commercial Proposed Zoning: R-3/C-3/AG Existing Land Use: Agricultural Existing Zoning: County A-1 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 Former Zoning: 1934 -N/A; 1975 - N/A; 1985 - County A-1 Total Area: 112 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 and force mains 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 extension of Plaza Drive and also have access to Derby Grange Road. Based on 2001 lOOT counts, Derby Grange Road carries approximately 650 average daily trips. Rezoning Staff Report - 13316 & 13500 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 a combination of R-3 Moderate Density Multi-Family Residential District and C-3 General Commercial District concurrent with annexation to the City of Dubuque. This project encompasses 112 acres and includes approximately 37 acres that will remain zoned agricultural upon annexation. The applicants have included a schematic design of how the property may be laid out for commercial and residential development. All the proposed streets would be public streets and meet City requirements for right-of-way and construction standards. Access to the street would be through an extension of Plaza Drive, which currently serves only Asbury Plaza. Plaza Drive will be extended through the Motor City LLClWendell Corey development to a point on the south side of the Herrig property and be extended to Derby Grange Road. Derby Grange Road is a county roadway that carries approximately 650 average daily trips based on 2001 lOOT counts. The extension of Plaza Drive from the Northwest Arterial to Derby Grange Road has been contemplated by the City for a number of years. The area of the requested rezoning/annexation by the Herrigs and Motor City LLClWendell Corey is commonly referred to as the northwest quadrant of the community. This area is bounded by Asbury Road on the south, Hales Mill Road to the west, Derby Grange Road to the north and John F. Kennedy Road to the east. The Northwest Arterial cuts through the southeast portion of this quadrant, and with the extension of Plaza Drive, will provide an important roadway to serve this area of the community. Without Plaza Drive, all future development in this quadrant of the community, whether it be in Dubuque County, the City of Asbury, or the City of Dubuque, would have to use either Hales Mill Road, Derby Grange Road, or John F. Kennedy Road to access the Northwest Arterial and Asbury Road. City utilities will have to be extended to the Herrig property through the area proposed for development by Motor City LLClWendell Corey. The City is working with both Rezoning Staff Report - 13316 &13500 Derby Grange Road Page 3 developers to provide these utilities to meet their timetables and a level of service 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 applicants are requesting that the area along side the proposed extension of Plaza Drive be zoned for C-3 General Commercial, where the balance of the property is zoned R-3 Moderate Density Multi-Family Residential, which allows a range of housing styles from single-family to six units in a building to allow apartments, townhouses or condominiums. The westerly 37 acres is slated to remain as agricultural when it comes into the City pending further review by the developer. 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. Pre,."", by' -p'l' r Re';ewed' '-'/ '" Date: CW'-JI&, .~ , Prepared by: Laura Carstens Citv Planner Address: City Hall 50 W. 13th St Telephone: 589-4210 Return to: Jeanne Schneider. Citv Clerk Address: Citv 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 SOUTH OF DERBY GRANGE ROAD FROM DUBUQUE COUNTY A-1 AGRICULTURAL DISTRICT TO CITY OF DUBUQUE AG AGRICULTURAL DISTRICT, R-3 MODERATE DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT AND C-3 GENERAL COMMERCIAL DISTRICT, CONCURRENT WITH ANNEXATION Whereas, John W. and Sally Jo Herrig, 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 AG Agricultural District, R-3 Moderate Density Multi-Family Residential District and C-3 General Commercial District, to wit Lot 1 of Lot 2 of the SW 14 of the SE 14 of Section 8, T89N, R2E of the 5th P.M., Lot 1 of Butler's Hill Second Addition, Lot 3 of Butler's Hill Second Addition, Lot 2 of the N Y. of the SW 14, Section 8, T89N of the 5th P.M., SW 14 of the SW 14, Section 8, T89N, R2E of the 5th P.M., 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. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk ~1 ~ f ~ ~ 8 ::> ~a Co m~ - .- c: :90 ..c:.. >< l'll W(J o ...J <]z ..... C (ll .2 Q. Q. <( Cl 'C ... Q) I o ""') ..?:- (ll Cf) eel C ..c o ""') Q) Cl C (ll ... <.9 :>. .0:>. ......... Q) C o ::J ....0 00 ..cQ) "S::J 00'" Cf}::J .0 ::J cO o :Q -0- (ll (ll o 0 Sa:: C o co; U -'0 (ll 'C jg Qj ~ :>....... C E C t::.!Q Q) C ~O:2E(ll O(llenO..c ... ... 2o."!:: Q.::J u... - ~ ...... (ll Q)::J:>....CQ) Co=Q)O::J O'C E c:;::::; 0'" ~Cl(llQ)O::J ...<(U.<.95.o o ..- 6 ("") .~ ::J ~<(~u5e ..:>'r- 00 CCN""Oc o _ I C._.?;- :;::::; ~ a:: (ll '- .g. 8 :>. U u- 0 o :t::: .C'C Q) en Eo..............c Q) en en""" 00'-'- 0 0.:::......00...... - o 'C - tJj Ci (ll ..... :J =: ::J (.) .;:: Ol <( C) <( - (.) .;:: - tJj Ci Cii :;:: C Q) ""0 '(jj Q) a:: 2- 'E t1l u.. I o ~ N , a:: - (.) .;:: - tJj Ci t1l "e Q) E E o u E . ~ . " E " ~ 8 ~ o 5 ~ a: " ~ Q) C Q) C) (") , U tJj - 'E :.J :>. - U [1..........1]] ~ D ........... ..... '.. ::::::::::: ;. ........... ........... ........... ........... " ........... 'I . . . . . . . . . . . > . . . . . . . . . . . . . .. 0: :< BROOK HILLS BROOK HOLLOW a: w ::E ::E :J <J) [E~[EO\Yl[E ~ JUN 1 2 2006 w CI1Y OF DUBUQUE PLANNING SERVICES DEPARTMENT June 9, 2006 Dubuque City Council, et.a!. Property Address: 13316 and 13500 Derby Grange Road Dubuque, Iowa 52002 Applicant - John W. Herrig Proposed Land Use: Residential/Commercial Proposed Zoning: R-3/C - 3 AG Existing Land Use: Agricultural - A-I Honorable Mayor, City Council Members, City Manager and Staff: At the Zoning Advisory Commission meeting, the Commission recommended the request of R-3 Residential would be more desirable to R-2 Residential zoning. This recommendation to John Herrig (Applicant) is acceptable if the City Council should wish same. As to the C-3 General Commercial District, the Zoning Advisory Commission approved same, but, recommended a 20% rear lot setback. Normally a 0% lot line set back is standard. This would not be acceptable to John Herrig (Applicant) being to restrictive as to not knowing what future request for development might occur, therefore, limiting the ability to market said parcels. R~1i ~;-~He g " ,,' .1 " i5{;~~E ~<k~ MEMORANDUM June 28, 2006 FROM: Michael Van Milligen, City Manager Jeanne Ii: t' ia.., City Clerk Barry Lindahl, Corporation Counsel Laura Carstens, Planning Services Manager ~ TO: SUBJECT: Percentage of Opposition for Herrig Rezoning along Derby Grange Road. Planning Services staff has reviewed a petition and letters submitted by adjacent property owners opposed to the rezoning request for the Herrig property along Derby Grange Road. The request is to rezone the property from County Agricultural to C-3 General Commercial zoning district. The Zoning Advisory Commission approved the rezoning request with conditions at their May 3, 2006 meeting. The property in opposition equals 58.8% of the adjacent property within 200 feet of the rezoning. Therefore, it will require a super-majority of the City Council to approve the rezoning request. This memo is provided for your information. .' Cl '1: 0 N Ql a: Cl ~ w 'E .Q ~ Ql ~ ~ J: .Q .!!.! ~ c: c: ~ 0 0 :E :;:l '" III 'jjj W 0 0 0 a. a. a. a. 0 0 ,~ ,~ ~ ~ Ql Ql a. a. e e a. a. REZONING STAFF REPORT Zoning Agenda: May 3, 2006 Property Address: 13316 &13500 Derby Grange Road Property Owner: John W. & Sally Jo Herrig Applicant: John W. Herrig Proposed Land Use: Residential/commercial Proposed Zoning: R-3/C-3/AG Existing Land Use: Agricultural Existing Zoning: County A-1 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 Former Zoning: 1934 -N/A; 1975 - N/A; 1985 - County A-1 Total Area: 112 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 and force mains 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 extension of Plaza Drive and also have access to Derby Grange Road. Based on 2001 IDOT counts, Derby Grange Road carries approximately 650 average daily trips. '. Rezoning Staff Report - 13316 & 13500 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 a combination of R-3 Moderate Density Multi-Family Residential District and C-3 General Commercial District concurrent with annexation to the City of Dubuque. This project encompasses 112 acres and includes approximately 37 acres that will remain zoned agricultural upon annexation. The applicants have included a schematic design of how the property may be laid out for commercial and residential development. All the proposed streets would be public streets and meet City requirements for right-of-way and construction standards. Access to the street would be through an extension of Plaza Drive, which currently serves only Asbury Plaza. Plaza Drive will be extended through the Motor City LLClWendell Corey development to a point on the south side of the Herrig property and be extended to Derby Grange Road. Derby Grange Road is a county roadway that carries approximately 650 average daily trips based on 2001 IDOT counts. The extension of Plaza Drive from the Northwest Arterial to Derby Grange Road has been contemplated by the City for a number of years. The area of the requested rezoning/annexation by the Herrigs and Motor City LLClWendell Corey is commonly referred to as the northwest quadrant of the community. This area is bounded by Asbury Road on the south, Hales Mill Road to the west, Derby Grange Road to the north and John F. Kennedy Road to the east. The Northwest Arterial cuts through the southeast portion of this quadrant, and with the extension of Plaza Drive, will provide an important roadway to serve this area of the community. Without Plaza Drive, all future development in this quadrant of the community, whether it be in Dubuque County, the City of Asbury, or the City of Dubuque, would have to use either Hales Mill Road, Derby Grange Road, or John F. Kennedy Road to access the Northwest Arterial and Asbury Road. City utilities will have to be extended to the Herrig property through the area proposed for development by Motor City LLClWendell Corey. The City is working with both Rezoning Staff Report - 13316 &13500 Derby Grange Road Page 3 developers to provide these utilities to meet their timetables and a level of service 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 applicants are requesting that the area along side the proposed extension of Plaza Drive be zoned for C-3 General Commercial, where the balance of the property is zoned R-3 Moderate Density Multi-Family Residential, which allows a range of housing styles from single-family to six units in a building to allow apartments, townhouses or condominiums. The westerly 37 acres is slated to remain as agricultural when it comes into the City pending further review by the developer. 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. Prepared by: Reviewed: Date: ... Prepared by: Laura Carstens. City Planner Address: City Hall. sow. 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 SOUTH OF DERBY GRANGE ROAD FROM DUBUQUE COUNTY A-1 AGRICULTURAL DISTRICT TO CITY OF DUBUQUE AG AGRICULTURAL DISTRICT, R-3 MODERATE DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT AND C-3 GENERAL COMMERCIAL DISTRICT, CONCURRENT WITH ANNEXATION Whereas, John W. and Sally Jo Herrig, 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 AG Agricultural District, R-3 Moderate Density Multi-Family Residential District and C-3 General Commercial District, to wit: Lot 1 of Lot 2 of the SW Y. of the SE Y. of Section 8, T89N, R2E of the 5th P.M., Lot 1 of Butler's Hill Second Addition, Lot 3 of Butler's Hill Second Addition, Lot 2 of the N Yz of the SW y., Section 8, T89N of the 5th P.M., SW Y. of the SW y., Section 8, T89N, R2E of the 5th P.M., 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. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by Bany A. Undahl300 Main street Suite 330 Dubuque IA 52001 563583-4113 Return to: Jeanne Schneider, City Clerk Addrees: City Hall, 50 W. 13th St Telephone: 5894120 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 y.. of the SW y.. of Section 8, T89N, R2E of the 5'" P.M. in Dubuque County, Iowa (parcellD # 1008451003) Lot 1 of Butler's Hill Second Addition, T89N, R2E of the 5'" P.M. in Dubuque County, Iowa (parcellD # 1008376003); Lot 3 of Butler's Hill Second Addition, T89N, R2E of the 5'" P.M. in Dubuque County, Iowa (parcellD # 1008451004); Lot 2 of the N % of the SW y.. of Section 8, T89N, R2E of the 5'" P.M. in Dubuque County, Iowa (parcellD # 1008328003); and SW y.. of the SW y.. of Section 8, T89N, R2E of the 5'" 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 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. Attest: Jeanne F. Schneider, CMC City Clerk By: 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 swom, 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 DUBUQUE COUNTY ) ) ) DEVELOPERS ,/ /' ,J /""/ / .. STATE OF IOWA ss. '- On this <),}.,,)..I day of m~, 2006, before me, th~ undersigned, a Notary Public in and for said State, per 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 insYfument 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 S""A'" KAY /I., MUELLER ~..!iM:;' C.ommlulon NU:TIbe-r 16-3494 . IO~ My C~mmiu:o' EIPlrH-L:.L3. '7 6 ~ 8 " ro .. r! !! .. l.l !E ~ fa Cl.~ o . ~'" ,,-en ~ Ql :l >- ~ 2 ,!i E ~ ;!EE ;;:I 4J ~ ,.!. :::i ._ ~ :c (3 1 ~ ~ :g ~~ ~ .g,lfi <; (3 ~ tVg 0", a:~ 5- ~ .... (J) ~ ~ .2:-r-- i: ~ ~ ~~ e<a ~~ J ~ ~ -5~ 8~ 00 Q Olllll[] ~ G) s::: ~~ 0._ ~s::: ~O G) N c.G) 00::: ...."C D..G) s::: tn c( .2 8- """"0 -cu.... ~~D.. :I:s:::"C )(S:::s::: wc(cu 0, ., 0, '" o c o ~ rn x "'~ a~ ~~ "Cl o ~ <OIVO ;as-:=!: o"~ -..c'1:: ~6li> o :I: >" >.0 " .A,,'" " " " """, co'>!:: "00 c'3a:~ rn x -" rn c wgj ~.2 ~ " "' ~ c .c c .!!! BROOK HILLS BROOK HOLLOW ": !O.:cc I en .... Q) s:: ~~ 0._ ~s:: t::o Q) N c.Q) O~ ...."C D..Q) s:: en <C .2 &. 1-100 -><.... g;!Q)D.. ::I:s::"C ><S::s:: w<ccu Jgl ~} I . ~ 0 ~ u; ~ ;" " ,:. ~ ~ ~ . l!! I!! ~ 'E ~ E ~ = . " " E " U " I ~ " '" " i~ 0 'l ~ 6 ~ ., ~ . " 0 ~~ 0 ~. . ~ ". li 0 " ., 0'0 ,,0 ~ il "- <no i~ "~ il ~~ .. ~~ "~ .'2 .0 0", " . ~N o~ "0 " [~ . 0_ ,,~ ...... " ~- rl o . . . ~'" I I . . 0..<>> D I . . :::. . . ,.... ,..... .. . - . "<0" 0, ro 0, ~ " o ~ . . <Jl~ -0 "'", "'> 5(3 o ~ ... .. ....a; ~Q)O co6-::E O~a a5.g "e ao~ >~ >.0 ~ ~-g5 ~~~ ~ 0 0 ua:~ 19 ~ . 0 BROOK HILLS BROOK HOLLOW !'Ic.;1" ~ ~ . ~ lD.!:l ~ ~ <f) a o 'c o ..!!! ~ ~ ~ J: ~7U ~~6 ~IW Planning Services Dept. City Hall, Second Floor 50 w 13th St. Dubuque, IA 52001-4864 William & Connie Clasen 13614I.Jerby Grange Rd. Dubuque, fA 52002-1020 CITY OF DUBUQUE PLANNING SERVICES DEPARTMENT Honorable Mayor and City Council Members We would like to address the issue of the rezoning requested by John & Sally Herrig of the land that is south of our property JTom County A I Agricultural to City AG Agricultural District, R-3 Moderate Density Multi-Family Residential District and C-3 General Commercial District. The Zoning Advisory Commission recommended R-2 Two-Family ResidentiaJ and C-3 General Commercial District witb a 20 percent setback. The City of Dubuque's Proposed Future Land Use Map designates this entire property for mixed residential uses. Cornrnercialland use is not: in compliance with the proposed draft land use plan We would like to see this land zoned R-l Single-Family only with perhaps R-2 Jiningthe collector 'street, not C-3. ThiswouJd comply with the long-range plan for this area. We are also concerned about the collector street location. Will there be adequate reaction time fOT traffic turning on and olf oflhe collector street? It is so close to the top on the hill. Will a tralTtc light be necessary'! What about the water run otrJTom all the roots and streets Will that be directed through our property? Why is city taxpayer money being used to construct a lift station, streets and sewer to allow John Herrig to achieve financial gain with minimal risk or expense? How wHl the city get back this investment? We believe these changes benetit the City of Duhuque and the neighboring property owners. We ask that the City Council refer this matter back to the Zoning Board for further hearing, and direct the Developer to revise his plans and continue to work with us to develop a plan that we can all embrace Respectfully, ~J::e~ Connie Clasen Ct7Y'.4ZM Cf1~/V'v Honorable Mayor and City Councilmen: Re: Zoning of Proposed Commercial Property by John/Sally Jo Herrig Zoning of Proposed Residential Property"I"""""'I"'III'IIIII'!"'II"'I'II""1 We are Douglas and Eileen Coates and live at 13102 Derby Grange Rd. We own and operate the County Agricultural land located directly East of the proposed Commercial area on the Herrig property. It seems very unreasonable to allow commercial zoning of any type in an already established single family residential area, since there is a PUD with PC designation abutting the property on the South, plus the unoccupied commercial space available in the Asbury Plaza Shopping Center. Commercial zoning in this area would definitely deflate our property values, deter future housing in the area, increase traffic, and in general, take away the tranquility of our neighborhood. We've always had high hopes of developing our property into R-1 residential(compatible with present housing) in the future. With Commercial just across our property line, that's not likely ov~ to happen. Who wants to look1the window and see the backdoors of businesses with property cluttered with dumpsters and pallets of supplies? We respectfully ask the Council to examine the possibility of R-1 or R-2 housing or perhaps a green space in the proposed Commercial area, all in keeping with the current neighborhood housing standards and blend in with Mr. Herrig's housing devel- opment. A park area would be a step to encourage families to spend more time together and at the right price---FREE. Family time is lacking in today's society, I think we all agree. In making your decision, please take into consideration how your zoning proposal will affect the neighborhood. ( 2 ) If zoned Commercial, will the businessessallowed there be con- ducive to a residential area? If zoned Commercial, will Derby Grange Rd. handle the extra traffic? I did a personal traffic count on Friday, June 23, 2006. From my yard, a total of 440 vehicles traveled on Derby Grange be- tween the hours of 3 p.m and 6 p.m. If zoned Commercial, is Plaza Drive/Derby Grange intersection a safe distance from the peak of the hill (good visibility, how about the possibility of being rear-ended while attempting to turn left from DerbY Grange onto Plaza Drive), has a traffic pattern been studied to ensure safe ingress and egress at Derny Grange/ Plaza Drive for delivery trucks of all sizes? If zoned Commercial, will there be adequate screening from adjacent properties? If zoned Commercial, will rules and regulationsYput in force to protect the neighbors? We know you've heard it all before, but is it really worth disrupting a neighborhood built on trust, dependability, friend- ship, contentment for a few extra tax dOllars? At the June 19 City Council meeting, Mr Herrig asked for trust between the City Council and the developer. We're aSking for trust between the City Council, the developer and the citizens of our neighborhOOd. We can live with R-I or R-2 housing on this entire proposed acreage. However, in our opinion, commercial is just simply out of place. The facts are: 47 single family homes are in 8/10 of a mile (3 ) radius of this proposed Commercial property. There are no commercial establishments on or adjacent to Der~y Grange Rd., which spans a distance of 4.4 miles. The Derby Grange Golf and Recreation Center and also a church, both of which are family-oriented, are in our immediate neighborhood. Plenty of commercial space is available abutting this property, plus unoccupied space in the Asbury Plaza Shopping Center. We extend an invitation to the City Council, Mayor and City Manager to take a drive out to our neighborhood, park your car, look around, and just get the feel of the well-being that will surround you. Thank you for your time and consideration. RespectfUlly submitted, {~ {L~~ Dc+~ Mary Jo and: 'RoBer Zafaznii 13919 Surrey Lane Du6uque, IJt 52002 (563) 690-0784 June 26, 2006 Dubuque City Council City Hall Dear Honorable City Council members, We would like to express our opinion regarding the final zoning of the property south of Derby Grange Road which is owned by John Herrig. In order to keep in line with the existing homes in the area, we feel that the zoning should only be for single family homes and no commercial property. We understand that housing will eventually expand to the area and that's progress, after all this is a beautiful area to live. But, there needs to be more careful and thoughtful long range planning put into a project such as this in order to keep our neighborhood family- oriented. Please consider our opinion in the final evaluation of this property zoning. Sincerely, ~ ~ /- '1.-tr . " '(}fl~ Ma JP Zir Ik rt ,/ Dear Mayor and council members, June 26, 2006 I (Mary Jean Clemen-Reding) attended and spoke at the June 19,2006 public meeting concerning the rezoning of the Herrig and Butler properties. My husband Steve and I live on Surrey Lane, which is across the road from the planned development. I specifically addressed the traffic problems we will encounter from such a development. I also called into the KDTH radio program on Wednesday, June 21 and expressed my concerns again to Mayor Buol. I invited everyone on the council to drive down Derby Grange Road from JFK, pass over the 2 one lane bridges and proceed up Hales Mills Road around the so called "suicide" corner and see if this road is fit for more traffic. Doug and Eileen Coates did a traffic count on Derby Grange Road on Friday June 23'd from 3-6:00 p.m. Over 400 cars were counted. How can this road handle thousands more that such a development will create? Our other concern that I addressed at the June 19th meeting was our total opposition to any commercial rezoning. In the 4.4 mile stretch of Derby Grange Road all the properties are zoned RI or Agricultural with the exception of I spot zoning. All are welcome to come out here for a drive and take a look at our beautiful properties and tell us that commercial zoning would make a nice fit for our neighborhood. I beg to differ. Quoting Ron Breitbach at the June 19th meeting, "Does the city of Dubuque need more commercial property?" There is commercial property sitting empty all over Dubuque. Also, we feel that a commercial zoning will result in decreased property values in the Derby Grange neighborhood. We feel that this proposal should go back to the zoning board for further review. Many issues have not been adequately addressed. Some of the other issues which are concerning us are; Restrictive covenants (are double wide trailers allowed?), will there be green space and parks? A walking trail? How will the city and the developer handle water and sewage in the development? We have not read any specific details about the proposed development. Some sort of written plan should be available to all concerned property owners upon request. Mr. Herrig, to date, has not contacted any of the opponents of his development to reach an agreeable solution, as was suggested at the June 19th meeting. We ask that the city council address all of these concerns before any rezoning is granted. We acknowledge the fact that the city of Dubuque will continue to grow and the blending of commercial and residential properties is often difficult. More thought and input is needed in this case so that the Derby Grange neighborhood will remain a great area to live and that we can protect our investment in our properties. Thank you for taking the time to read and consider our comments. i i Sincerely, .:f#~r~ e y Mary Jean and Steve R (ling 13918 Surrey Lane 583-2259 -a~ IN31'1O_tq</{T?l~'m;~~cs 81'~ii\lNVld j;101,;1'\1 jO"U:J r- ~I~ .~~ D"~ :~ w J~~_ Planning Services Dept. City Hall, Second Floor 50 W. 13th Street Dubuque,IA 52001-4864 Arten: Public Hearing, Rezoning of Property South of Derby Grange Road Honorable Mayor and City Council Members, My name is Kimberly A Schmitz VanDee. I live at 13623 Derby Grange Road (parcel ID 1008327005, Sec/TwplRng 08 T89N R2E). I am writing to express my concerns regarding John Herrig as a developer and in regards to the development in the South of Derby Grange Road and North of Asbury Plaza area. My parents, Doug and Chris Schmitz purchased the above named property in 1989. At that time there was just a field up behind their property. It is now Surrey Lane. I have been living at this residence since 1999 and have since purchased the property from my parents. While the Surrey development has grown, I have experience water issues in and around my property. I have had to on two separate occasions, had to rent equipment and hire labor to have the ground behind my house regraded, new drain tile laid and the grass reseeded because I was having water entering in the on backside of my house. The run off on the driveway side, I had to have redug and redirected because of the run off of water was tearing up and washing my driveway away. I am sure that Mr. Herrig at the time of development did not care where and in what direction the run off of water went. I have spent alot of time and money fixing his mistakes, gutting the rooms in my house due to mold that has accrued from the damage of water that has entered my home. I hope you keep all of this in mind so that the residents such as the Clasens, Capauls and Fleischmann do not have to experience the same issues or similar issues that I have had to. I strongly believe that Mr. Herrig is only looking out for himself and no one else. Thank you for allowing me to express my concerns. I hope that each and every one of the Council members takes the time before allowing Mr. Herrig to do any further developing. Sincerely yours, 1~~~ ~ Dear City Council Members, June 27, 2006 Pursuant to the John and Sally Jo Herrig request to rezone approximately 120 acres on Derby Grange Road, we wish to express our concerns. We would welcome R2 zoning for the entire parcel, and object to the commercial zoning request for the following reasons: I. We believe a study of the existing commercially zoned properties, in our immediate northwest corridor of Dubuque, is more than adequate to meet the actual needs of the city. We include such developments as the 150 acres owned by Wendell Corey, Motor City LLC, and the 160 acre Pfohl property at the comer of Asbury and the Northwest Arterial, as well as the remaining Asbury Plaza and Quagliano Properties. Additionally, there is significant commercial land available at the intersection of the Northwest Arterial and JFK Road. We simply do not believe there is a compelling argument to add additional commercial property, especially to the detriment of the surrounding property owners. 2. We respectfully ask that a traffic study be conducted to substantiate the claim that Derby Grange Road can handle the proposed increase in commercial traffic. Mike Felderman, Dubuque County Engineer, reports that a 2005 traffic count conducted by the State showed an average daily traffic count of 61 O. Considering that Derby Grange Road is constructed of seal coat, we believe it does not conform to the desired design standards required for commercial developments. We recognize that the City will only be responsible for a small section of Derby Grange Road, yet we ask the council to acknowledge the impact it will have on the remaining sections. Presently the County has no plans to upgrade Derby Grange Road. 3. We have joined many of our neighbors in stating our objection to the commercial zoning component of the proposed development. We are hopeful that the council will take into consideration the significant number of residents in our single family dominated area who oppose the commercial rezoning request, and respect our desire for residential growth. 4. Lastly, we ask the City Council to take a truly long-term view when deciding on the appropriate zoning classification. As clearly stated in The City of Dubuque's Proposed Future Land Use Map, this entire property is designated for mixed residential uses. With the addition of the sewer lift stations which will be constructed to serve the existing PUD projects by Motor City LLC, this greatly reduces one of the major obstacles which has discouraged residential development in this area up to this point. We would encourage the City Council to fully appreciate the tremendous potential this area, including all of the farm land extending east to JFK Road, has for residential development. This is truly a unique Opportunity for the City Council to set the stage for tremendous residential growth, in an area where the natural terrain is best suited for homes. Please consider the concept of "best use" when finalizing your position. We passionately feel the "best use" for this entire area south of Derby Grange Road is residential. As you decide on the direction of our neighborhood and our expanding community, we respectfully ask you to consider the above mentioned arguments. Approving the commercial zoning benefits only the applicant, albeit at the expense his neighbors. Please help usher in residential development when it is needed, as well as commercial development when it is needed, and be the guiding hand that keeps poorly conceived, non-specific commercial zoning from coming to fruition. ~~,~ ~~~ 13233 Derby Grange Road June 27, 2006 Dubuque City Council c/o Planning Services Department City Hall, Second Floor 50 W. 13th Street Dubuque,IA 52001-4864 We are writing in regard to the proposed rezoning and annexation of property south of Derby Grange Road. As property owners in this area, we have an interest in any proposed change that might affect our quality of life. With that in mind, we would like to ask that you consider denying the request by John Herrig to rezone this area for anything other than residential. Mr. Herrig has requested rezoning in such a way as to allow for a mix of residential and commercial development. According to the comprehensive plan, the Derby Grange area is best suited for residential development. Recent news articles have emphasized a need for additional housing in Dubuque, while a quick tour of the City would demonstrate that there is currently a variety of commercial properties vacant. Certainly the property owners of the existing unoccupied commercial properties would be adversely affected by additional commercial development. Has Mr. Herrig demonstrated an overwhelming need for this commercial development? If not, then we would ask that you vote to maintain the residential nature of this neighborhood. If any of the land to be annexed is rezoned commercial, we strongly suggest that it be limited to specific uses consistent with a primarily residential area. Further, we would ask that the commercial properties be isolated from the existing residential properties and situated on the most southern portions of the proposed rezoning area. This area is closest to Asbury Plaza and the current commercial properties bordering the Northwest Arterial. Finally we ask that when you cast your vote on this rezoning proposal that you take into consideration the overall makeup of this area. Currently it is primarily residential with single family homes and a few farmsteads. Many of the residents in this area, myself included, have been a part of the neighborhood for most of our lives, and we pray that you see the benefit in maintaining the area as a place for families to live. Sincerely, fi~<~~ VI(]Ju lH - l?3vetiba&N- Paul and Vicki Breitbach 16270 Herod Lane 563/582-8446 j- ;:, '. --, tt7LR.. ;2 7/ :)0 CI~ We. '~he undersigned. wish to petition the City Council to con- sider final zoning along the easterly side of the future exten- sion of Plaza Drive at Derby Grange Road. REQUEST: Due to the fact that so many topics about the Commercial zoning are "up in the air." we feel very uncomfortable about this. therefore. we ~; prefer R-l or R-2 usage for this area. We believe a more carefully thought out plan can benefit the developer. the City. and the neighbors. We ask that the City Council refer this matter back to the Zoning Board for futher hearing and direct the developer to revise his plan to one we can all embrace. v.. d J'f'f S 5 W' /36/'-1 O&t.8j C~/J-r!~-)2./ ~ II. ~~m- /31/7 ~ Jj~-/ .; .~, ~?U.'-<-J 13'717 Dt"7 G::,~A.<y: 1<9 .-f rfJ ~ l(,d.(,5~-d~~ '~~~)ll(~ /(?;;?f1I4UicR ~ ~ 1iJ~--dv /~7?f) ;&~ ~ ~ C X; / " 2- r 2. .11......./ LLl~ ./1la~ /2-6 ?p:;r;~/ff; C{/Pz11~ m, /] 6/rj cl()M1!)Jf1Mf!?o! V1W f.ll, we.ifbtflbt;f- 1&2'70 Hemi ~ ~ ~'~~, 'L~~~ \~P:;~ D<Y,:\ Gn>-"'1'- K~ -~ C )/P31/ ~~~ u "'J 6L~ J?3'7/ 7?n>zI/~ ~O~ (f.1'3~) It~.o ~ \J IC'+6i'f'~OO k:\~CiV\ 1& qJ. I li-+ov"c9 Ic,)-A- ~'i30 WI. I &3(P3 Herbc;1 Let ~ .s~ 3~ /,31:78 Derh;. Gr~'C)e- PJ, ~ .~~.~ IJ_~~3 ,f-e/-f &.~e 0)." ( . '~ 1&270 H~'wt ttlNV--Z c- - IGl'P,) ~~ "?rI0-tl.d 5, (lqtuY'''Z 4)./1 f C~/ 6sf/}er;t. /i9~tl/n Q: ,,~~~ W, Fli-l<.l0a"1. G, ~.13~\~pq L ~ Lr~;? KY-~! /lviehe TAre .'f}e(",--t ::T"J.'i-L-- C { L u ...r;",,,.,":Y /J!:U!eIf<:... 8r"f'vlejef Co.~n/:C C/qStl\ V,~' 5Yet+wGI+ ~o..V'j E.~h: <~ bock t / c/I'11 e- C. t J3czc.; f(e 5 Rcry'/YIClIY d /1. [3ac J'( es "f-o.o 6Df{ e.. . \flvl-Ol a: 0 0 /J.h~ ])fTtVlt RHi2. 0~e\fe. PI IL,yhrvuYly\ f'p/1~cl J, g~e/~/fd.. ~....I bf Bf~i-l~c ~ Jl ~ Old VJ0~~ :J13 I 1~;Z'11 2.00<:;' We, the undersigned, wish to petition the City Council to con- sider final zoning along the easterly side of the future exten- sion of Plaza Drive at Derby Grange Road. REQUEST: Due to the fact that so many topics about the Commercial zoning proposal are "up in the air," we feel very uncomfortable about this, therefore, we prefer R-l or R-2 usage for this area. We believe a more carefully thought out plan can benefit the developer, the City, and the neighbors. We ask that the City Council refer this matter back to the Zoning Board for futher hearing and direct the developer to revise his plan to one we can all embrace. 5/ q "",rUft A <1 J 1'1' $S C~ (!~ 13/o:;J..~(/'1 GY'CA'(j< Rei. . c?~ /3/,,;). Oe..rbyG''-"''1~Wd. . I ~. 1~(6 O<er 0/ G'r"I'se M rmbJ~"( \~?>ur~6~\?J cf~ j{p 7"17 ~D LANe., ~~0' 1&797 f.{ej(DOM-Ne. f1n~~ 13'%~I~~fJ. -~q~ 137/) 1k::YG:-,,~ U ~11~ /J777f)~(),tG.~'!JP- RJ ~d/ld~J(~ 1~)foZl/ljol ;('~ Vrl Y){ . S ij h cd:: (If""", C, I~V) C&Gt -IfS Dc'v(fJ4.-S CC><'t1es D f!1>-"'- j.. t.'aftXJJ I Nmb:r~J)t&hm,ti\h.nCh?. LiNDI\ ~/<.DIN8Je,-,\ D 't..we. J"V\e~.e.J rt AnSeiCl ~ /M,,,,eK 11 &M"e... EL~,J..ef-h rJ7 b~)}//ke- AYh{(nd...-!( Lw/en6cy 3'63 /1 )/~ 21, :<t'o{; (j We, the undersigned, wish to petition the City Council to con- sider final zoning along the easterly side of the future exten- sion of Plaza Drive at Derby Grange Road. REQUEST: Due to the fact that so many topics about the Commercial zoning are "up in the air" we feel very uncomfortable about this, therefore, we prefer R-l or R-2 usage for this area. We believe a more carefully thought plan can benefit the developer, the City, and the neighbors. We ask that the City Council refer this matter back to the Zoning Board for fu~her hearing and direct the developer to revise his plan to one we can all embrace. 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O)U tI~ I~ rf....J ~ ;1~~' ~~ Page 1 of 1 Jeanne Schneider - Re Rezoning and annexation request by John and Sally Herrig From: To: Date: Subject: "Bill Breitbach" <bbreitbach@comcast.net> <jschneid@cityofdubuque.org> 07/07/20062:17 PM Re Rezoning and annexation request by John and Sally Herrig City Council, City of Dubuque Atb1: Jeanne F. Schneider, City Clerk Jeanne, My name is William L. Breitbach, owner of the thirty acres on which the Derby Grange Golf and Recreation Center, on Derby Grange Road, is located. My property is adjacent to the John and Sally Jo Herrig property that is before the council for rezoning and annexation. I support their request and believe the annexation would be in the best interest of the Dubuque Community. Please register my support with the appropriate members of the City Council. Thank you in advance, William L. Breitbach Ifpossible, please acknowledge receipt of this email with a short reply, thank you again. file:IIC:\Documents%20and%20Settings\jschneid.000\Local%20Settings\ Temp\XPGrp W... 07/12/2006 Dear Mayor and Council members, After attending the council meeting on July 5"' we are compelled to respond to the councils' decision on the proposed annexation ofthe Herrig and Butler properties. We realize that the City of Dubuque w ill continue to grO\v and welcomes the increased tax base ofthe proposed annexation. We feel that the council should reconsider their position on this proposed annexation due to the conflict ,vith neighboring property owners and our concerns with the C -3 zoning. We feel that the proposal by Mr. Herrig ,,,ill deflate our property "alues. With the dense commercial area in the Asbury Plaza and the proposed development b, Mr. Cory, this seems to us morc than adequate for the long term needs for commercial development in this area. Also, is there an' guarantee that Mr. Herrig will not request a rezoning of his adjacent properties to C -3 after he would be granted this original proposal" Mr. Herrig was asked during the last council meeting if he would withdraw his proposal for annexation if he was not granted the proposed zoning. He replied "yes" . We do not think this "as a sincere ans"er. We feel that Mr. Herrig could not financially conduct such a development without the backing of the Cit~ of Dubuque and the "ater and se,vage agreement. Another concern is the increased traffic that the proposed annexation will create. Mr. Herrig, Mayor BuoL and Councilman Rick Jones commented on the already increased traffic in this area. Commercial developments in this area "ill significantly increase that traffic count. Mr. Herrig stated a traffic count on Derby grange road of 61 0 cars per day. Mr. Herrig neglected to state that his figure was quoted from a 200 I traffic count. We confirmed this statistic through city hall. Doug and Eilean Coates counted o"er 400 cars in a 3 hour period. Also, ,vith the proposed road tllat ,,,ill intersect with Derby Grange is of great concern. The City of Dubuque ,,,ill be responsible for the right of way abutting the proposed dewlopment. "hich is a small portion of Derb, Grange Road .What guarantee do we ha,e from the city and the county that a safe and functional roadway will be maintained in this area') This wonld be a futality in the making if more concern is not addressed now. We haven't heard of any joint agreement between the cit~ and county on how this stretch of roadway "ill be maintained. Has an, study been conducted on the future traffic flow in this area') It seems to us that the many issues we are concerned about now w ill be addressed after the fact. A "ell planned development. like any good business plan, should address upfront the liabilities that such a de"elopment may encounter in the future. Mr. Herrig has not demonstrated tlllS to us. He has only sugar coated the issues in fa"or of his proposal and side stepped the negative aspects that ma' be encountered down the road. You, as Dubuque City Representatives, should have the fore sight on the possible liabilities that may be encountered "ith this less than thorough plamling of the area. In closing, over 50 signatures "ere obtained opposing Mr. Herrigs' proposed rezoning. We are not aware of any supporters in favor of this proposal with the exception of some possible city council approval. ,,-~, 1EJ~;r. ad.7- Mary Jean an~ 13918 Surrey Lane. 583-2259 " . eH" 7-//-2c.1::'JV I ''';"-:::.t " July 12, 2006 Mayor Roy D. Buol City Council Members City Hall Dubuque, Iowa \~.-' Re: rezoning of Henig property South of Derby Grange Rd. We feel that the Council has overlooked a very important problem with the C3 commercial zone with zero rear setback at the Henig/Coates boundary line. At the last council meeting, a comment was made that this C3 parcel is a small property to be concemed about, and not a big deal - ( 11.899 acres; one football field deep and along the entire westem edge of the Coates' property). However, nobody has discussed the financial hardship this C3 zone with zero rear setback at the Henig/Coates boundary line poses to the value and salability of the Coates' property. The fact that Mr. Henig is free of any buffer zone restrictions in his C3 zone forces those buffering requirements onto the Coates' property, without any inout on their behalf. Those buffer zone restrictions must then be included in any long-range plans for the Coates' property and severely restricts the Coates's future options. This issue MUST be addressed. The council elso asked several meaningful questions at the last council meeting, but the answers where not as forthcoming and truthful as we would have liked. For Instance: 1) Contrary to his comments, Mr. Henig will NOT be severely impacted by a couple weeks delay if the council denies this request. Nothing will happen on the property for several months while the roadway and pumping stations, etc. are being installed. 2) Mr. Henig's comment that he would withdraw the application for annexation if the zoning were not approved is a BLUFF. He needs the city water and sewer to get the residential density he needs to be profitable. The property will be annexed sooner or later. 3) The response to the question regarding curb and gutter was guarded - only the C3 area will have curb, gutter, and sidewalks? We assure you, the entire subdivision will not be curb, gutter and sidewalk. Maybe Mr. Henig could clarify which areas will be built to this standard. 4) Mr. Henig commented that the C3 properties were not deep enough to allow for 20% rear setback. These parcels are a football field deep - surely there is room for business buildings and parking, even with the setback as requested by the zoning department. 5) As a council member pointed out, the problems of erosion, runoff, and traffic safety have been heard, but we certainly don't feel they have been resolved - declaring that problems will be taken care of as they arise does not eliminate the concems and future aggravation of the neighboring property owners. This is not as much about 'urban sprawl" as it is about GREED - Mr. Henig has reserved for his private oasis the most remote westem end of the property which is surrounded by single family residences and far removed from the C3 zoning debacle that is being foisted upon the neighboring properties. We are very concemed about Mr. Henig's attitude and unwillingness to compromise. The neighbors have suggested a number of alternate ideas to Mr. Henig, but all have fallen on deaf ears. Mr. Henig and the City appear to be adamant about getting a commercial zone into this area as soon as possible. The City's requirement of a collector street appears to be a driving force for the C3 zoning, and this appears to have an undue influence on the Council's acceptance ofthe zoning request. There is a stub road shown ( heading northbound) on the Corey PUD that might line up with Herod Lane in the future - wouldn't that make a better collector road than the one planned through the Herrig property? We ask the Council to re-read the petitions and letters from the zoning opponents prior to the July 16th meeting. Let us assure you that the opposition Mr. Herrig's request still does exist, even though they may have been disheartened and quieted by the 6 to 1 vote in favor of the zoning at the last Council meeting. Again, we ask that the City Council to do what is RIGHT for all the residents of the Derby Grange Road area and DENY this zoning request. Direct the Developer to revise his plans and design an acceotable development property that will not negatively impact the neighboring properties. We are very confident that a more carefully thought out plan can still benefit the Developer, the City, and the neighboring property owners. Thank you. Yours truly, Richard W. Farnum ~~~ Esther A. Farnum ~G~e~ Dubuque, Iowa, 52002-1012 563-582-8049 . July 12, 2006 Dubuque County Board of Supervisors Dubuque County Courthouse Dubuque, Iowa Re: rezoning of Herrig property South of Derby Grange Rd. Mr. John Herrig, a realtor and developer. has purchaSed the Heim and Butler properties south of Derby Grange Road, near the easterly end of the road and north of the Asbury Plaza. Mr. Herrig has approached the City of Dubuque and requested rezoning of the parcels 10 A 1. R2. and C3 with concurrent annexation into the City of Dubuque. A large majority of the neighboring landowners are opposed to this rezoning plan for several reasons : 1) The Dubuque Long Range Plan shows only mixed residential zoning in the area of Derby Grange Road. This zoning request puts a C3 commercial strip along a planned road extending south from Derby Grange and connecting to the Asbury Plaza area. The north edges of the commercial strip will front ONTO Derby Grange Road. We feel this commercial strip is contrary to the long range plan. and a preceden1that will lead to an unruly mix of business and residential properties In our serene neighborl1ood. 2) There are no plans in the near future to upgrade Derby Grange Road to handle the ever- increasing traffic levels. There are three dangerous ONE-LANE bridges on Derby Grange Road over Chloe Creek and near the intersection with Hales Mill. The risks are already serious at the traffic levels we have now. much more so with new subdivisions. 3) There is a great elevation differential from the development property to the property of the residen1s downhill on Derby Grange. The proposed Herrig development does not show any green spaces or watershed projects to control runoff and protect those downhill property owners. Attached are petitions signed by the neighboring landowners and other letters written to the Dubuque City Council voicing our objections to this zoning request. A super-majority is required because of the opposition to the zoning plan, but the zoning request passed by a 6 to 1 vote at the first reading, and will go to a second reading at the July 17''' city council meeting. We ask the Dubuque County Board of Supervisors. for future common sense zoning and on behalf of the opponents to this zoning request, to draft a letter to the Dubuque City Council urging denial of Mr. Herrig's zoning request. Thank you. Yours truly, 2!L;:J;f!~ EstherA.F~1? ~~ 13717 Derby Grange Road ~ Dubuque, Iowa, 52002-1012 563-582-8049 ~~!laS Co s &::Z:=; Eileen. Coates 't? ,~C;; C~ 13102 rby Grange Road e~ Dubuque, Iowa, 52002-1012 563-588-1 058 ATTACHMENTS , . Page 1 of 4 Douglas Coates 7j11/D~ Honorable Mayor, City Councilpersons, and City Manager We are Douglas and Eileen Coates of 13102 Derby Grange Road. We are operators and owners of the agricultural property East of the proposed C-3 owned by John Herrig. As our property is just across the fence from the above C-3, we again urge you to take our concerns into deep consideration. The future sale of our land will be greatly impacted by your votes. Indeed, if John Herrig needs this strip of land to be commercial property, C-3 with 0% rear setback is very disturbing to us. Any adjoining property owner would be concerned if C-3 construction could be backed up to their fence line. C-3 allows 66 uses-some of which are not especially suited for present and future residential. Herrig eliminated 4 of these 66 uses at the July 5 City Council meeting-- a very short elimination 1ist--not very comforting to his neighbors, needless to say. Again, we contend that C-2 with 20%/~~~back would give us some satisfaction that the uses of this area would be limited, but still be commercial, according to Herrig's wishes. To the best of our knowledge, the proposed strip of commercial property is approx. 300 feet wide--20%/~~~tack would still give Herrig 240 feet of space to plan his buildings, parking and frontage. On June 30, a written invitation was extended to Mr. Herrig to attend a neighborhood meeting to discuss our concerns and attempt to come to some sort of compromise. In an effort to eliminate Mr. Herrig having a feeling of being interrogated by the entire neighborhood, we only invited his neighbors that would be directly affected by the C-3 property. Mr. Herrig and 7 neighbors attended. The dialogue was calm and to the point. (continued) , (page 2 of 4) Douglas Coates No one objected to the City Ag zoning. No one objected to the R-2 housing zoning. No one objected to the commercial zoning, in general, only the type and location(C-3 and /O%a,fetback) . The 1 and 1/2 hour discussion centered on the Commercial Zoning. Attempts to downgrade the C-3, rear rear O%/setback to C-2, 20%/setback were rejected by Mr. Herrig. His neighbors suggested an alternative site for the Commercial zoning. We explained the reasons we thought this could be a positive site for all parties involved: (SEE MAP ENCLOSED) 1. It would still be along the connector street (Plaza Drive), as Mr. Herrig wishes. As was stated at the July 5 City Council meeting, the city requires Mr. Herrig to put in Plaza Drive to Derby Grange Rd. intersection, so it is only proper that the city support the Commercial, but does the Commercial need to be at Derby Grange Road and Plaza Drive intersection. 2. The new site suggested by his neighbors would be adjacent to Wendell Corey's (Motor City LLC) property (zoned PUD and covenants with the city are established), keeping commercial with commercial. While Wendell Corey's property has limits and covenants in place to protect himself and adjacent property owners, Herrig has nothing of the sorts in place. 3. Our proposed new site for Herrig's commercial zoning would not affect present or future neighbors at all. rear O%/setback if he wishes. He could have C-3 if he wishes, 4. We feel the types of C-3 commercial establishments likely to be built are considered low-traffic, low.~isibility businesses, therefore they need not be at the top of the hill at Derby (continued) , (Page 3 of 4) Douglas Coates Grange Road and Plaza Drive intersection. The location of these low-traffic, low-visibility establishments would not d" affect . IrIctly/customer busIness. 5. Removing the commercial strip from Derby Grange Road, Plaza Drive intersection to our new proposed site, would open this area up for future housing. with present housing and the 100+ residential lots proposed in Herrig's R-2, it only seems viable for a continuation of housing development to JFK Road. It only stands to reason that in order for Commercial to be successful, residential planning needs to be planned out first. After discussion of the above compromises made by Mr. Herrig's neighbors, no agreements were made. We came away from the meeting with a feeling of being let down. We had hopes that the meeting would be positive on at least one point. We thought we offered a fair proposal that would benefit all parties involved: the . . /get neIghborhood would compromIse and some of what they wanted, Mr.Herrig would compromise with his neighbors and get some of what he wanted, the City would still get additional annexation, still obtain more tax revenue, and still get a mix of residential and commercial use, as would have been the case from the beginning. At the July 5 City Council meeting, Karla Braig asked Mr. Herrig the following question: If we don't give you the zoning you ask for, is it true then, that you will not allow annexation? His answer was "Yes." All three parties are neighbors, in a sense. It's up to the City Council, now, to weigh the pros and cons and hopefully devise a plan all can be happy with. Once again, thank you for your consideration on this matter. ENCLOSURE: 13J0;2?kJ..,...~~ ~Respectfully submi tted, ~-,-fA (~{l~ MAP/ 5,;;00:J... 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'" l-'-J k ,- ~ 1",,-- June 26, 2006 Mayor Roy Bool and Dubuque City Council Members City Hall Dubuque, Iowa Re: rezoning of Herrig property South of Derby Grange Rd, Since the City Council meeting on June 19, we have seen the Proposed FutUre Land Use Map and have had discussions with our Derby Grange Road neighbors. As a result, we are no longer in favor of ANY conunercial development on the Herrig property, Details of our objections to the conunercial zoning are listed below, but primarily the land use map shows QM.Y mixed residential on the sooth side of Derby Grange Road - any conunercial in the area would be contrary to that plao and an nnwanted precedent to future scattered zoning issnes that any developer might want to force on the residents of the area. We SlRONGL Y urge the City Council to deny the rezoning request and refer this matter back to the Zoning Board of Adjustment for further hwing, and direct the Developer to revise his plans, Reasons for urging a denial of the rezoning request : 1. Compliance with Proposed Future Land UIe Map: The City of Dubuque's Proposed FutUre Land Use Map designates this entire property for mixed residentia1 uses. The proposed conunerciallaod use is not in compliance with the proposed draft laod use plan. If conunercial zoning is designated for this property, the land use plao currently being proposed will already be outdated and ineffective. A mix of residential uses wouId be in conformity with that proposed as part of the City's long range plaoning efforts. 2. Residential UIIelI: While a mix ofresidemial uses and densities is accep1able for this area, it is strongly recommended that any rental units or apartments be prohibited. The nature of the surrounding area includes strictly single family owner occupied homes, This pattern should be respected with a restriction on this development that limits residential uses to owner occupied homes, which could be single family attached (such as townhomes or condominiums) or single family detached homes, J. Questionable Commercial Location: The location of this commercial proposal, "behind" several large shopping centers and nowhere close to any llIl\ior arterial streets, is a third rate location (at best), These conunercia1lots would only be desirable for commercial uses that do not rely upon high traffic or high visibility locations, These are often qnestionable conunercia1 uses, such as eqnipment rental places, auto or truck repair, and similar psuedo-indnstrial users that often rely opon outdoor storage and will not be good neighbors to the planned residential development, or to the existing residential uses in the area, These users would be similar to uses on Cedar Cross Road, Century Drive, and similar locations, We don't understand why the City of Dubuque, after working toward the quality development shown along the Northwest Arterial, would allow this poorly conceived development to proceed without at least reqniring Plaoued Conunercia1 zoning, 4. Road Layout: The proposed roadway layout Includes no roadway extensions to service or interconnect with future development of adjacent properties. Roads and aU utilities should be stubbed to the adjacent properties to service the future development of those properties. Mr. Herrig is keeping 37 acres to the west of the property in Al agriculture zoning but the plot shows no access to this property, which will be surrouuded by sing1e-family residences. . . Page 2 Re: rezoning of Herrig property South of Derby Grange Rd. 5. Access Location: With the planned extension of the collector street to intersect with Derby Grange Rood, it is certain that traffic signals and other improvements will be necessary in the future. The vertical curve at the top of the hill on Derby Grange Road will not allow for adequate reaction to traffic that may be stopped andlor turning at the proposed col1ector street. Further. the proposed intersection does not line up with any of the existing intersections on the north side of Derby Grange Road. Both of these issnes make future intersection improvements very problematic for the proposed location. The layout of the streets should be amended to provided connections to adjacent properties, for a future extension of a street that would align with Herod Lane at the top of the hill, allowing for an appropriate intersection layout in the future. 6. Lift Station: The Developer's proposal for the City to pay for and construct water and sewer lines and a lift station to service this development, with no recapture or connection fees for the Developer, is unacceptable. The City taxpayer money is being used simply to allow this developer to achieve financial gain with minimal risk or expense. Further, a second lift station may be needed at the northwest and northerly portions of the site, in order to provide sewage utilities to the 100+ lots proposed for the approximately 77 acre area. 7. Water Runoff Control: There is a great elevation differential from the development property to the property of the residents downhill on Derby Grange. Runoff issues were not addressed on any paperwork that we were able to see. and no runoff controls were defined or shown on the submitted sketches of the development property. 8. Future Plans: The Developer stated the he is keeping 37 acres in Al agriculture zoning for his personal residence - is this land then available for future development whenever he decides to do so? If so, then it should be zoned RI NOW to provide some assurance for the local residents and avoid re-zoning issues in the future. The property is bordered on three sides by single- family residences. We believe a more carefully thought out plan can benefit the Developer, the City, and the neighboring property owners. Again, we ask that the City Council refer this matter back to the Zoning Board of Adjustment for further hearing, and direct the Developer to revise his plans and work with the neighborhood to design an acceptable development property. Thank you. Yours truly, ;q;~~<~ Esther A. Farnum c1AU0v 11, ~ 13717 Derby Grange Road Dubuque, Iowa, 52002-1012 563-582-8049 , I P",N.~~i'l~LENT ~~ -d L A -r7J. t:. -/- . ~~/ #e--p7~ ci~ L(~ ~~ ~ C-3 r7- r~' fl. ~?' fi.0~~' 1Ja;Ul~P1i~. ~ ~ /'Z/} q~ 0-".; ~#-<-.> r-I ~ fJ; ~ ~ ~ip.<.. J~~~ ~. 7<L ~ fr"-' ~~~ -a.vQA'~)' ~ ~ o)u 1~ 7'-'; rf~ ;y,uvu/ ~, ~~~~ '~~6~Cfy~, '7Ifrf~ ~-f. ~ ~a:t If, S?/ ;.;-P J...--.. ~ ~l1".dLi~ ~~zk~ ;I , ~~.'2d?tfe!;gUd4~ ;;::::JkJufl: R-I~,&/I~~~ cuu..~~~~CLU-~ ~~fk- ~Jv-p~.1d~~~~~~ ~~1rfr~~)~ .~~.~~~~~' _ JJ.<-~~~~ff~~R-fl ~k_:lit7'~~~~ ~~Tw.-~~~~~ 'i';~~ ~~~~~~IJC8Pt'i ~~~~~~~ ~j~.~u-~. .~~~~~~~~ .~' !x ~ ~ ~.~ a-~6a'" ~L~~~~Q~~~of o-u>> ~~~, , . ~ '.. U4r c.> 0~c~ u~~a,~~ , 1c-'~~~ . 7& ~ ~vft,~. lJ~L ,~~ ~/",3j'/ II~--k ~ V~~~, ~ ,~~"~ ,.,..//J.,rLA ~ R.J, -u.-~ ~ ~....-o- "~ d..P>>';A1 ~-0~ '~-Al?~ ~ ~ ~ . ;;~zL; ~-3~ ~ "~ i~~.~~k" ..~. ," ~Z-~e/(~, .v~ .lJ<. ~Q J~ ~~+ ~~ - ~~ l1Jr~~~a'~'~7 ~~ ~ <L /1R59/ II~~~~ l1~o-J ~~ .~4~ II~ ~~.w-€-~~~~k .~ ~'/~~, ruJ.. ~ ~~Q~ ~~~~cue~~j~ --w.eJ.Q y ~_ We- ~o.. ~ ~~ ~~aflr~~~ ~~~~~~, J~~'~~~~,<J~ R~~k~~ O-(~ ~~_ ~M.~-~~~,~o-vL~ ~.~~~~~.~. J ~ 'X- ~~ ~ ~ .~::ek-~ ~~~~~, We..~~ ~;/;b ~-"'~ .~. J;t ~~ .~~ .d-..~~~.~~ ~$Iw~i~~~~- '. . ~~ Z.' )(~Ct,tJ~ a~~. ~~ . ./ Jj;4'~// A{/ /}' MO,TOR CITY LLC .~^.~. ,'m__.. 825 S. TAFT AVE.' MASON CITY, IOWA 50401-7345 TEL: (641) 424-3330 FAX: 421-7733 coreybis@yahoo.com r'J May 26, 2006 Mayor and City Council City of Dubuque, Iowa City Hall / 50 W. 13th Street Dubuque, Iowa 52001 - 4864 Re: Action taken by the City Zoning Advisory Commission on Wednesday Evening May 3, 2006 re: Request of John & Sally Jo Herrig Re: the rezoning of Their Property South of Derby Grange Road Honorable Mayor and City Council Members: I was present at the May 3, 2006 meeting of the City Zoning Advisory Commission as I had an item on the agenda for the annexation and zoning of 80 acres as an addition to the existing Asbury Business Park project located on Plaza Drive at the north end of the Asbury Plaza development area. My request for annexation and the PUD zoning was unanimously recommended for approval by the Commission. Following my item was the request from John & Sally Herrig to annex and zone their property from County A-I Agricultural District to City AG Agricultural District, R-3 Moderate Density Mult-Family Residential District, and C-3 General Commercial District in conjunction with their annexation to the City of Dubuque. Following presentations and discussion the Commission recommended that the request for R-3 zoning be downgraded to R-2 zoning. That was followed by considerable discussion re: the appropriateness of C-3 General Commercial zoning along the easterly side of the future extension of Plaza Drive from my development northerly to Derby Grange Road. Several alternatives were discussed by the Commission members, but unfortunately in my opinion, they recommended C-3 zoning for the strip of land along the easterly side of future Plaza Drive. I strongly feel that the recommended C-3 zoning for the Herrig property should be downgraded to C-2. A C-3 zone could allow such uses as: private clubs, gas stations, bakery (wholesale / commercial), bar / tavern, hotel or motel, appliance sales / service, full service or self-service car wash, auditoriums / assembly halls, lumberyards / building materials sales, construction supply sales and service, moving / storage facilities, auto service centers, auto sales / service, auto repair / body shop, truck sales / service and repair, farm implement sales and service, mobile home sales, motorcycle sales and service, boat sales and service, 4, .. recreational vehicles sales and service, and a contractor shop / yard... and other C-3 zoning uses as listed in the City Code, which in my opinion are intended for locations other than as proposed by the Herrig request. In my opinion, many of the C-3 permitted uses are certainly not desirable for the location proposed by Herrig; but they can and will happen if the zoning allows them! It would seem very 'reasonable' to me if the Herrig request was approved for C-2 zoning, and was at least limited to the same conditions and restrictions as the commercial development approved for my property immediately to the south of Herrig. The principle permitted uses in the C-2 District do permit some of the C-3 uses, but not the more 'out of place' uses such as the building materials, contractors yards, and other storage type uses which are NOT compatible with what is likely to be a very nice future residential area. I also feel that restrictive covenants should be preset and submitted to the City as part of the development to provide the neighbors future protection. This is what I have done with my development south of the Herrig property. Therefore, I respectfully request that the City Council NOT approve the C-3 General Commercial Zoning for the Herrig property, and consider zoning it C-2 Commercial Zoning; with conditions and restrictions similar to those on my commercial zoning immediately to the south. I have discussed my concerns directly with Mr. Herrig and he refused to change his request to be more compatible with my concerns and project to the south of him. Perhaps the best solution for the Herrig property is to require him to develop under a Planned Unit Development procedure, which gives him some of the 'flexibility' he desires, but also requires him to think ahead more precisely about exactly 'what' he wants to do and 'where' he wants to do it. Specific zoning in designated areas, with identified uses and deed restrictions take all of the 'guess what surprises' away for the neighbors. This is what we have done in our development projects, and we would be pleased to offer Mr. Herrig copies of our Deed Restrictions and any other guidance that would be helpful to him as a neighbor. It is very important that we maintain the quality of property values, uses and overall appearances for this new area of the City of Dubuque. I hope you will also concur with this thinking and properly guide the future zoning for development in this area. Thank you. Respectfully requested... Uj Ch1 dft; (J ~J Wendell W. Corey Motor City LLC c: file; Asbury Business Park 2 I[: -, I I I I I I I I I I I I I I I I I I I I I I I -1 HOUSING DEVELOPMENT -WALt?? f'~ \-Ie~l~ a 1~ ~ ~. \ r I , J2:1 BU?, ~\L. I I 3. -~ ", ~ '~ ", " LOT " #29 \ 3.42 ACRES l . , 7.21.AC11S LOT #33 ,.,7A.(";RES 2 "- LOT #2' 3.$5 ACR(S LOl .31 3,2f1 ACRES LOT "'" 25 ACRES - l -::. :::r. LOT 010 oUACfl:CS . , LOT II ,.. (;' \/ - . r ~~ ~=l;A.. It it I 'I f\"':Jiv"''::I o , d wish to netition the City Council to consider ~~~aih~o~~~~r:~;~~ the easterly side of the future extension of Plaza Drive at Derby Grange Road. /" " 'f C 3 to PUD flrst cholce, REQUEST: Downgradlng flnal zonlng rom - , C-2, second choice. NAME ADDRESS PRINTED NAME l {.~~ (310drj)e~b'ro.'(J~IZd. e./-u-n CCLte'i. ,,1. J;J+~ 11/~'J- f)~rl.yCr4.Ylr[lcl DDut/<t.5 C~-re5 ,JJ ~ cXe r.J..t'r 162'12 IIMtJiJ LA) j;se'.... G /..Q4h't"<"'J' '-f ~kff~~f~ ~{!L Z~ flrnanrL t. &wfe;1~ 5 ~d..r .'Yrf?: /1.J~'1'7 )/eu~~ LIsa.. R krap'i! ~ ~tf~~, !&,Z,70 \-\~..'Ool ~vte~v..1 G, '15'f'~;-tba.c0 7 \JrG~,dv1.:1}y~I(PZ10 Hm:a l..Jne '\Jtct:j M, 'f.)rerttx'k..I1 ~ a~ .6Aidd~ /?:zk!;- //e:ro:.d !r?/;e ,Hr/ene. t !11e.-thqcft , q ~cP J, A~@-y~/62b.::r Pz--..t EJ, S ~VL.-t \."","!... /0 ilM~J",- /{,j.b3 ~:J~, ~E BoHt?-., /; v<-<:/Bb~1 1~3(p3 lft:()cft~t<...Q '])11~1t B6f-1fL. /.;L ~ /(~Lf?-I ~JCVvv-. Ji tN? OIJ/'-'~vt1 /3 i ~,o... Q Ic~ I u tt,) I H<?~ oc) \CNl. \j icJ61 I (~, 611hG~ /t..j . ~ 'f\~~~~-....j \ ~'19? k'e..~d hAVlt ~;~~ ~ '~~ }~;~' ~:::lJ:::- V~:~ /} a. ~ I' 59! ~ ~ RaY/VIc/NJ 11. (3aclr~~ /8 I cp-n/rz.-t:.J 1l/..t?/2/kYr /6 '7 7'- /{"/K/.../~<-<L ''PoVJ VI f...\ m ~I( Y'df } 9 . ~ 4 )() I devd I-/U J.. i'r\ B Ci '-' ~ ~!Y 010 ~~A! '~~-- //l~ffRY/!/c;~4'~ dl ~-l__ - !~5?t!. :r F k. '~d - 1-/-<./'<.",- 'S"'''''q,...l.. ~ t...-RW/?"'Nc..~ <Y ~"" . . /..25,.- 7 G :r: F, f\: -R V . 5=.h. ..,. <<-I dB vF /7 '. ~ /2..,6 . D /J1Pf'(e Il e . I i I'(.Jtt . - O. ,ee//VIl!'jl21" d: . ~GT:~ 'V)€J~ (~ Q J ~6. ~ _C\ 'L~ \~~::,~ D~ 'b,--\ ~ I<c.\. I ~ ~,+-'o<lo-~\.... Q) We, the undersigned, wish to petition the City Council to consider final zoning along the easterly side of the future extension of Plaza Drive at Derby Grange Road. REQUEST: Downgrading final zoning from C-3 to PUD, first choice, C-2, second choice. NAME ADDRESS PRINTED NAME d' 3~ J-~ /319fJ Derb; GrCl"'9~ Rd. 5Jev~ FJt'-f5ChN'a'n'" .;}7 ~ ~ /3(1'( Oer6J Cra,e t/ CO/1I1I'~ Clasen :;)'f) (dpJZ. ~ /3?/Y DE/<i}C'~r;.Nf~ Rc/ tJ'/(J CI#.)c-r (;)9 C;;Zr;.. 13g1g ~t GlltNGE ~D, CIIGRYL ~It!ll5ELL 3 () ildJJf ~ 13Yf'6 f)erJe; G~ e ((J tJeo-h I. C'o/'a-vl 3) h ~~ I Y?35 .tbRJ:;( 0P..<l"-(t:. Rd ri<..ed C"""'lCl""f 3.1 ~ 13~:) S J)\:: i'by &..ra.V\9 (' ~ So...l\dy G-ro'1<,{tZ 33 ~ -2 1.3717 ~~4Y w,uc;e,.ep IiSlIJer ~ IiirAttP? -31 ."' a. 4u~___ /3'1/7:Uc.q7~A~L~' Q.luwJw.fi'l/Uiu........ 35 ~. Jl4 ~<(Ir/ ~~J.~ c/e/l1 M'/~/ "., /!!n 7/1ft Y'l17~~ de."" ";;/-3;;- :3 7~~ fi t2fk-~ ~ I :Y118 ~~_ . "l. -:JJlLetv1~tV-Af;~ 3'?5 ::::!eveN' J Red:", /-19/"6 S~R&fY .::.4 SfeVeN S72e:b/NG 3 ~d9X" '. ;.3'7/1 ~I"::{'rt-' _!!!.~r'1J() ZoJt{Zr); I<. 16 =i<)~ ~ /31 /'t ~V'~cr.~ ~&oG ZtWlZl,Ylf( 1) /fcuel/\. "er:z.i-"k /3919 S-..':"'7LJ..... Arr>11 Z.kW?/~ 'f,J-1f3 . ~ rf~ ~ /3))) ()fA;#'G:~-;ft',eel /r1.JIJ~ /J<,.(~ 1'1 ~ 130:J.-J- Oe;." 1 ~'/-~~j't' /d 111.9-/17 Jo?e);/.:.- I- ?f5 :?~& (3S6-..5.,~'7 L",- , A",t-e. &)c-J,b '1' !:;J1,ft- :35?:1.. .'O.wr<, L ~ ~ i1'I~1 k.I~<bb \J7 ) ; ~ 13bg7--S~,r~lfLi[ ,-l-eIAnfl<<f)-rctl . ~~ ~~ ~ \"b~\ "'2>~1'~~"C ~"-~~~~~~ '---\~ ut'~ /}~3J Ji/rr--yYn, ;i"~j' ~-A.f'r b~ ~ ~ 13gS~ ~ ~ ""~c-\v.eA J #e~1 0\ 1i1~CJerte1 !o7c';'/ ~V"'rd hl,.. tvI"'(j'-'ro-'t Wol~ o We, the undersigned, wish to petition" the City Council to consider final zoning along the easterly side of the future extension of Plaza Drive at Derby Grange Road. REQUEST: Downgrade final zoning from C-3 to PUD, first choice, C-2, second choice. Od-. ~~ I Y1;~ 511,.,...,/ (.A) O . -DC! i? Ii ' Jb\..~lk I ~VIJ Dubuque Planning Services City Hall Dubuque, Iowa Re: rezoning of property South of Derby Grange Rd. o ffi:@ffi:DWffi:fn) JUN - 9 2006 ~ CllY OF DUBUQUE PLANNING SERVICES DEPARTMENT Dear sirs, We were excited to hear about the voluntary annexation of the properties south and east of our residence on Derby Grange Rd. We felt this would be a great opportunity for the area. Then our neighbors clued us in on the what the zoning restrictions included (or more to the point did NOT include). The C-3 commercial zoning appears to be an unlimited "no-holds-barred" license to develop the property with no regard for the neighborhood or the area surrounding the rezoned property. This is definitely a negative situation for the neighborhood we live in since it could easily allow unwanted or undesirable businesses to the area. The PUD zoning makes much more sense to us because it allows neighborhood input and open discussion of any business wanting to operate in the area. We urge you to dis-allow the C-3 zoning and consider the PUD zoning for this land. The residential area in this annexation, planned to be R-3 (moderate density multi-family residential), would also be seen as a negative to the residents of the surrounding area. All of the sub-divisions in the area near us and Asbury are single-family with maybe a very few two-family residences. Multi-family residences would be far too urban and densely populated for the historically rural atmosphere along Derby Grange. The road itself (Derby Grange - the westerly end) is not adequate to handle the increased traffic load that high density housing will lead to; and certainly, not all the residents will restrict their driving to the upgraded (eastern) section of Derby Grange. And we don't anticipate any improvements on Derby Grange in the foreseeable future. This is our point of view on the situation, so please consider our requests for the PUD and R-2 zoning requirements for this annexed property. And we do thank: you for looking at the situation and considering our position in the matter. ~~;;se:um/ t.w1.W~ 1'r717 Derby Grange Rd. Dubuque, Iowa 52002-1012 PHON&! 5/g?;-S-&':;'-f{bi/9 ~~J~N~3U:~@ Honorable Mayor and City Council Members, Dean 8:.. Angela. Capaul of 13486 Derby Grange Rd Steve Fleshmann of 13498 Derby Grange Rd William & Connie Clasen of 136\4 Derby Grange Rd We are concerned about the development proposed for the areas just south of our houses that are on a Ilillside next to the development. We are aware of the state-mandated precautions that must be taken while building is going on to check run off and erosion. We have a greater concern about 11eavy storms in the future when the houses are completed. Will the run offfrom the roofs, roadways and yards be directed through our properties? We would like to see a 250 fool wide green area with a brim along the property line put in to stop water run off i.n heavy storms. The water that is running in the ditch along Derby Grange Rd is overflowing into the yards now when stonns pass through with heavy rains. Will the added run off from the new development wash away our front yards too with the rain? Has John Herrig or any city depar1ment had any study conducted to address this water issue? Another concern of ours is the C-3 Commercial District. A Planned Unit Development (PUD) would give neighbors and officials a public meeting for input on what kind of business went in there. Also, at the last meeting R-J was changed to &-2. That was not printed on the map sent with the public hearing notice we got. Is it R-2 or not? Respectfully, Willy & Co~}? Clasen (J~ U&Urt Dean & Angela Capaul /' .111' J ()" /l - - () ( )i' VZP""'-~ \...Steve -Fleischmann C0rn~ CJl~ f)~/ crv/ CllY OF DUBUQUE PLANNING SERVICES DEPARTMENT ~;Gve. J ~AVfW\. !JfAJ c-l tJe. cf 'We. be.cQ",-e. t:.!. Ik/"t Xf- f I)'-f,r Co f, be... reZO'1 D ~@~OW~ CllY OF DUBUQUE q tv,,/"<: "'('- 4J r:Ce. !ZP 'u/~S " .p 4) qJ .....r'" K" I- ,f ..I c.I...IIe// - AIIVCo q c/eq ~<I'i('Lu/to"'.1 <l w<< ,W-e: ",.vl. ...... v~ f" ~'" ve. K,f /... j.'-'-". /~ i-v C c h L'-<f d-,............ ""- K.e ~~J-er' Clr q~,) r/~ c I?~ ;}e/t G.r<r" .k!eI. w~ C:;;/q..., /~ l"r:s,'c1~.... /r c "'.... /-' e r (?ZP,,- n..t..Ic/. h~ m2 "",,- :7JI We. q /'C -c 'f /.vU'-< (,:/ '" 41" ce/^ f'1'''_ f'V'Vy H/U4.-k. ur/;( "r //,~ I q " W""'- 17> c /<.~ we. vSe. Iv ~".re ,-,c. /<: /......eI (J we w/;j ~. (/Co h G/''i''<-9-<', - C"-.C ~'/le,,/ ... 0....1 4~ v I - WI/;( ". "I'~ r-c:ZP",-J Ji> C2. c;,.."...,-<yp"/ q .-., <'G.J7,{. p &7Z,~;; ",J -r on '7 rCot.. '-f~5}; tf? /' ^ e/'~Z"'-J' ""/ ......./ -,t;,.- $))) il-t:n/, G,,, ~/ iJuj"i.'(.MC ..:r::;;;~ S"" c.otJ' <- ~ Planning Services Department City Hali 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org '0.__, THE crTY OF (_~ __ '\ I)IiIKJc}t~: ~ck~ May 8, 1006 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street DubuquelA 52001 Applicant Location: Description: John & Sally Jo Herrig South of Derby Grange Road, Dubuque County To rezone property from County A 1 Agricultural District to City AG Agricultural District, R-3 Moderate Density Multi-Family Residential District, and C-3 General Commercial 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 applicant spoke in favor of the request, reviewing the conceptual layout of streets and zoning, noting that future platting of the property will refine the street and lot layouts. The applicant reviewed that an extension of Plaza Drive will serve the property and be connected to Derby Grange Road. Staff reviewed the requested rezoning, noting allowed uses for both R-3 and C-3 Districts. Staff reviewed utility extensions necessary to serve the subject property. There were two public comments concerning the rezoning expressing reservations regarding multi-family residences adjacent to existing single-family homes, maintenance of existing fence lines and allowed commercial uses in C-3. The Zoning Advisory Commission discussed the request, noting that the R-3 District allows a range of housing styles but that a blanket R-3 may not be advisable in this location. The Commission also discussed concern for the proposed C-3 zoning regarding the allowable uses and setbacks. Recommendation By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City Council approve the request subject to the following conditions: Service People Integrity Responsibility Innovation Teamwork John and Sally Jo Herrig, south of Derby Grange Road May 8, 2006 Page 2 a) That the area designated for residential be designated R-2 Two-Family Residential District. b) 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. A simple majority vote is needed for the City Council to approve the request with the conditions recommended by the Zoning Advisory Commission. The owner must also agree in writing to the conditions. A super majority vote is needed for the City Council to either eliminate or modify the conditions, and to approve the R-3/C-3 rezoning as requested by the owners. Respectfully submitted, JdJc~~ Zoning Advisory Commission Attachments cc: Gus Psihoyos, City Engineer Bob Green, Water Department Manager i5ill>~ ~<k~ Oty of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPUCATION FORM o Variance DConditional Use Permit DAppeal DSpecIaI Exception DUmited Setback WaNer []Rezoning DPlanned District DPrellminary Plat DMinor Final Plat []Text Amendment []Simple Site Plan DMlnor Site Plan o Major Site Plan o Major Final Plat DSimple Subdivision [JAnnecation []Temporary Use Permit DCertificate of Economic Non-VIability DCertificate of Appropriateness DOlher. pI........ tvoe or orint leaiblY in Ink Property owner(s): !tJH/J 111 A/J1J /111 <1A' I V Tn U1=PPTr. Phone:~~ ~- ~~~_lA? 1 Address: 1~1r;n C!"hhO'j f17lo10 aty: fJ"huq"". State:-1a-Zip: ~?nM FaxNumber. ;~~_;R?_~~~A Mobile/CellUlar Number. 5 H ~A ~ ~ ~~~ Applicant/Agent: Tnn.. C1J HOJrJri(} Phone: S Q~g. Address: Oty: State: _ Zip: Fax Number. MobilejCellul<!r Number. Site location/address: 13316 and 13500 Vo.Jtby GJriJJ'\9o RO'1d VI/bl/ql/o. .Ro~ide.n:UaL R P Existing zoning: Aa PrOpOSeD zomng:S - 2' 3,'.-i-rlstoriC o:strict: Tnwl1 ::;911fJI} Landmark: Legal Desaiplion (5idwel1 parcel ID# or lot number/block number/sulxflVislon):Soo lLf;tllcnod I 'fJnfA ~'~O"OIll;+'J O;-:l3Q Total property (lot) area (square feet or aae;): 112 AcltP.h Mil nJ/ 79 At'Jr"^ 14// <100 r'nrntirnge.nUM. Desaibe proposal and reason necessary (attach a letter of explanation, if needed): and Le-tteJl.. ~oo A+tnq~~d 'qtt~\ CERTIACATION: I/we, the undersigned, do hereby certify that: 1. The information submil:lEd herein is true and correct to the best of my/our knowledge and upon submittal beIDmeS public realrd; 2. Fees are not refundable and payment does not guarantee approval; and 3. All additional required written and graphic materials are attached. 4. Ail. appUc.Cltion ne.u and zoning ne.u peJl anne.xa..t.ion Jte.qu.u;(; and zoning propertyJt~1fs):aJte. heJle.-in waived by tile c.ay 06 Vl.lbuqu.e'Date: Applicant! Agent: Date: ~ Fee: ReceIved by: 05ite/sketch plan 0 Conceptual Develo nt Plan OImprovement plans ODesign revieW projE:d: desoiplion ON SUBMITTAL CHECKLIST Date: 3-,-00b Docket: OPhoto OPlat OAoor plan . OOther. 2B Lot 1 of Lot 2 of the S.W. \4 of the S.E. \4, of Section 8, T89N, R2E of the 5th PM., 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 Parcel # - 1008376003 Lot 3 of Butler' s Hill Second Addition, in Dubuque County, Iowa. Net Acres 16.19 Parcel # - 1008451004 Lot 2 of the N Yz of the S.W.\4, Section 8, T89N, R2Eofthe 5th P.M., Dubuque County, Iowa. Net Acres 0.07 Parcel # - 1008328003 CONTINGENT S.W. \4 of the S.W. \4, Section 8, T89N, R2E of the 5th PM., Dubuque County, Iowa. Net Acres 40 Parcel# - 1008351001 <1z ~l i f Co cu :E ~ l: (J :> ,,:::---::: );(' & ~\ 6---1 l;0 I #vo~ \~~ ~ ~oY ~v Cl .;:: .... Q) I o ...., >- Cll C/) eel C .I::. o ...., Q) Cl C Cll .... C) >- .0>- ....- Q) C O::J _0 ou .I::.Q) :5 ::J OCT C/)::J .0 .. ::J Co o ~ "'C- Cll Cll U 0 .30:: C o Q) +::;:J UCT ......,c:J .2:z:; ::J .0 ~ - "- :J >-iii::JcO ~ .-::2 0 Q)O u_ 0.. - i?;o C 0 O Cll '-1Il .- >- .... -- ....::J C U'- o..::!: Q) .;:: U :gaO]iQ) 0'- Q) 0 .I::. ....- - ~~~Cll.9 .... Q)'- o""'''Ccc ~ <( 0 Q).f! ..i?;o::2:2m cC(t)!r.~ o ::J I ... ... :z:;oo::o::~ .g-U >-~ Cll ~ EO <3 'E :5 Q) Cll .- 0':::.9u..3= ~ \ ~ ~ - r-I I-- ~ J~ .... b~;i I\' f::: J" "'- \'UR~EY "::":::::::::::::: 1-: ................. ..... C Cll .2 0.. 0.. <( I-- 1-------- .................... ...... ... ........... . . . . . . . . . . . . . . . . . . . .. .............. r-- ::::::::::::::::::: .................. ................... ........ ........... ................... ............. 1;,V'lllliillmiiiii I/)..IU",I ~/ ( /"" ~~ 1.;// "--~I-y \'700 \ I);' V r<I~~; \"1 ~ , ~~~i!!l 1; I " e........... ............ ............ ............ ............ ............ ............ . . . . . . . . . . . . ............ ............ . . . . . . . . . . . . "C Q) C o N Q) 0:: Q) .0 o - Cll Q) .... <( "C Q) 1Il o 0.. o .... ll. 1Il :!: E :.:J >- :!: U \ ~A-1 \ :::::] ~ \..-- h :z ,,"",",'" ~ ~I- =ffi "I- ::;; ~....I-- ~ ^ f-- { (f) ~ II II 11 - ?: ,:y .::,.'?' ,,~ <0 Nl'ln.Ln\f Ii REZONING STAFF REPORT Zoning Agenda: May 3, 2006 Property Address: 13316 &13500 Derby Grange Road Property Owner: John W. & Sally Jo Herrig Applicant: John W. Herrig Proposed Land Use: Residential/commercial Proposed Zoning: R-3/C-3/AG Existing Land Use: Agricultural Existing Zoning: County A-1 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 Former Zoning: 1934 -N/A; 1975 - N/A; 1985 - County A-1 Total Area: 112 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 and force mains 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 extension of Plaza Drive and also have access to Derby Grange Road. Based on 2001 IDOT counts, Derby Grange Road carries approximately 650 average daily trips. Rezoning Staff Report -13316 &13500 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 a combination of R-3 Moderate Density Multi-Family Residential District and C-3 General Commercial District concurrent with annexation to the City of Dubuque. This project encompasses 112 acres and includes approximately 37 acres that will remain zoned agricultural upon annexation. The applicants have included a schematic design of how the property may be laid out for commercial and residential development. All the proposed streets would be public streets and meet City requirements for right-of-way and construction standards. Access to the street would be through an extension of Plaza Drive, which currently serves only Asbury Plaza. Plaza Drive will be extended through the Motor City LLC/Wendell Corey development to a point on the south side of the Herrig property and be extended to Derby Grange Road. Derby Grange Road is a county roadway that carries approximately 650 average daily trips based on 2001 lOOT counts. The extension of Plaza Drive from the Northwest Arterial to Derby Grange Road has been contemplated by the City for a number of years. The area of the requested rezoning/annexation by the Herrigs and Motor City LLC/Wendell Corey is commonly referred to as the northwest quadrant of the community. This area is bounded by Asbury Road on the south, Hales Mill Road to the west, Derby Grange Road to the north and John F. Kennedy Road to the east. The Northwest Arterial cuts through the southeast portion of this quadrant, and with the extension of Plaza Drive, will provide an important roadway to serve this area of the community. Without Plaza Drive, all future development in this quadrant of the community, whether it be in Dubuque County, the City of Asbury, or the City of Dubuque, would have to use either Hales Mill Road, Derby Grange Road, or John F. Kennedy Road to access the Northwest Arterial and Asbury Road. City utilities will have to be extended to the Herrig property through the area proposed for development by Motor City LLC/Wendell Corey. The City is working with both DU~~E ~<k~ MEMORANDUM May 31,2006 TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager RE: Rezoning Request Concurrent with Annexation -- Gary and Mary Beth Valentine Gary and Mary Beth Valentine have requested voluntary annexation of 58.62 acres of property east of Edval Lane and south of North Cascade Road, in conjunction with rezoning the property to R-3 Moderate Density Multi-Family Residential. This item is set for public hearing at the City Council's June 5, 2006 meeting. On April 5, 2006, the Zoning Advisory Commission recommended approval of R-2 Two- Family Residential rezoning rather than the R-3 requested by the Valentines. Gary and Mary Beth Valentine are working with Marty McNamer of NCR Developers, Inc. Mr. McNamer indicated at the Commission meeting that R-3 zoning provides flexibility in developing the property with a mixture of housing styles and range of prices. At your request, I contacted Gary Valentine regarding his request for R-3 rezoning versus the Commission's recommendation for R-2 rezoning. Mr. Valentine indicated that R-3 is the zoning classification that he wants for this annexation territory. The ordinance to be considered at the City Council's June 5, 2006 meeting is for the R-3 rezoning requested by Gary and Mary Beth Valentine. May 31,2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Rezoning Request Concurrent with Annexation -- Gary and Mary Beth Valentine Planning Services Manager Laura Carstens is transmitting information on Gary and Mary Beth Valentine's request for rezoning to R-3 Moderate Density Multi-Family Residential. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager Prepared by John W. Herrig 13750 Surrey Lane, Dubuque, Iowa (563) 556-1421 NOTICE AND AGREEMENT This Agreement, made the Herrig, day of July, 2006, by John W. Herrig and Sally Jo Whereas, John W. Herrig and Sally Jo Herrig, own in fee simple, a parcel ofland described as: Lot I of Lot 2 of the SW y. of the SE y., Section 8, Township 89N-R. 2-3E of the 5th P.M., Dubuque, Dubuque County, Iowa. Whereas, John W. Herrig and Sally Jo Herrig, intend to develop said land for Residential and Commercial - C3 use. Whereas, the Commercial- C3 allows uses, which shall be disallowed by John W. Herrig and Sally Jo Herrig, their heirs, assigns and successors, for a period of ninety nine (99) years. This covenant shall run with the land and shall not allow salvage yards, warehousing, or mini -storage, and or auto body repair shops. John W. Herrig Sally Jo Herrig State ofIowa ) ) ss: County of Dubuque ) On this _day of July, 2006, before me the undersigned, a Notary Public in and for the State ofIowa, personally appeared John W. Herrig and Sally Jo Herrig, known to be the identical persons made in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public July 4, 2006 Dear John, In response to your request for my opinion of your financial ability to finance your purposed subdivision, I wish to submit the following. 1. You, I, and your brother Ron developed the lots on Derby Grange Road and we saw it through during a time when the housing market faltered. 2. You and I are partners in the ownership of shares of the Eagle Point Building. 3 . We have built homes together that worked out. 4. I think so much of your subdivision that I would gladly be your partner. In conclusion, I wish to say that you can use the above statements and share them with people on a need to know situation. 6fW :,46:11t& t . . Tom LuKSetJ6!; WEST SIDE 1975 JFK Road Dubuque, Iowa 52002 563.588.1000 f'ax 563.588.3352 DOWNTOW:-I 9th & Iowa Streets Dubuque, Iowa 5200 I 563.588.1000 Fax 563.690.0070 July 5, 2006 ASBURY PLAZA 2625 NW Arterial Dubuque, IA 52002 '563.588.1000 Fn 563.588.0383 City of Dubuque Council City Hall Central A venue Dubuque, IA 5200 I RE: John & Sally Herrig Serenity Ridge (Butler/Heim Farms) Dear Council Members: At the request ofMr. John Herrig I am corresponding with you regarding his planned development of the above property for commercial & residential land use. Mr. Herrig has requested my providing you with a reference as to his past performance in property development and general responsibilities associated with such. Please be advised I have personally worked with Mr. Herrig for in excess of20 years in my role as a community banker in the tri-state area. During this time he has successfully been involved with many projects all which have been handled financially as well as aesthetically in an appropriate manner and with successful results for all parties. I am pleased to recommend Mr. Herrig to you without reservation. Sincerely, J ozena P si ent/CEO Premier Bank ,"'i (:. Expect the Best. Liberty ~BanK John Herrig 13668 Surrey Lane Dubuque Iowa 52002 To Whom It May Concern: John Herrig is a current customer of Liberty Bank, and is in good standing with the bank. I feel comfortable with his ability to perform, complete and conclude his proposed new home development under consideration and now before the City Council this 5th Day of July, 2006. Sincerely, '- / '-., -"'2/ (' ..-:;...../ ...........(.- ' -L.>>"~ Kevin Recker Vice President, Commercial Banking Liberty Bank 2201 Jackson Street Dubuque Iowa 52001 563-587-9000 P 563-587-9001 F 220] j,xkson Srreet . lJubuque IA 5200 J Phone 563 r;87.9000 . F,cIX 563587900 I June 30, 2006 Mr. Roy Buol Mayor City of Dubuque City Hall Dubuque, Iowa 52001 Dear Mr. Buol, Pursuant to the recommendation of the City Council, I have invited Mr. Herrig to a meeting with the neighbors who object to his proposed development project. This meeting is scheduled for Sunday, July 2. Enclosed is a copy of the letter given to Mr. Herrig on June 30. He has accepted our invitation and we look forward to the opportunity to share our concerns, and hear more details about his plans. As a result of this new dialogue between Mr. Herrig and the group who has opposed his rezoning, I ask for the opportunity to address the City Council at the July 5th meeting. We have followed your suggestions to engage Mr. Herrig in discussions, and we would like to briefly comment back to the Council our results. R~ R~Ch June 29, 2006 John & Sally Jo Herrig 13750 Surrey Lane Dubuque, Iowa 52002 Dear John & Sally Jo, Pursuant to our meeting today, I would like to extend an invitation to you to meet with your neighbors to discuss your proposed development. We will be gathering Sunday, July 2, at 7:30 p.m., at the Derby Grange Golf Pavilion. At this meeting we welcome the opportunity to learn more specifics about your project. Attached is a list of our concerns. It is our sincere hope that by having an open dialogue we can arrive at a compromise which will be accepted to all parties. Please accept our invitation, and our sincere wishes to arrive at some common agreement concerning the development of our neighbor and our community. R fully, ~ Brei ach List of concerns: l) Storm water runoff. Specifically, we are concerned where the water collected by the streets, and other hard surfaces on the northern slope of the development will be discharged. If this area discharges along Derby Grange Road, we are concerned about the potential destructive impact to existing residential property. Additionally, we are concerned about the potential increase of water discharged into the valley and stream which runs thru the northwest section of the development. Storm water runoff from recent developments have already had a negative impact to property owners affected, and we are concerned how the proposed development will manage the potential negative impact to property owners. 2) Increased traffic. Recognizing that any development, including the residential use we currently support, has the potential to dramatically increase the traffic count on Derby Grange Road. Weare concerned about the structural capabilities of the road to handle the purposed impact of additional traffic. The current average daily traffic count as of2005 is 610 vehicles. We have been informed by Dubuque city staff that Derby Grange Road will remain in the jurisdiction of Dubuque County, and is not the responsibility of the City of Dubuque. Communication with Dubuque County Engineer, Mike Felderman, raises concerns about whether the seal coat constructed surface can handle the potential impact of a commercial zone, particularly ifheavy trucks are part of their daily business operations. Additionally, considering the high likelihood that the remaining properties east to John F. Kennedy Road will be annexed into the City of Dubuque at some time, we have been led to believe that Dubuque County will not be inclined to make any improvements to Derby Grange Road if needed. We are concerned, if, the impact on Derby Grange Road causes structural deterioration, will it be the City or County that provides the improvements needs. The impact on property owners will differ significantly, depending if assessments are levied on the adjacent properties. 3) Road Layout and Access. The proposed roadway layout includes no roadway extensions to service or interconnect with future development of adjacent properties. Weare concerned that the proposed plans reflect no consideration for future development of adjacent properties. Weare also concerned about the safety of the main collector street intersecting Derby Grange Road 300' from the crest of the hill. 4) Commercial vs. Residential use. The City of Dubuque' Proposed Future Land Use Map designates this entire property for residential use. This is the first property that is being developed that borders Derby Grange Road, and how this development proceeds will greatly affect the direction of the remaining properties. The natural lay of the land, south of Derby Grange Road, extending east to John F. Kennedy Road offers tremendous residential possibilities. We are concerned that if a commercial development is allowed to connect with Derby Grange Road it will negatively impact the potential for future residential development. We view our neighborhood as rural residential presently, and welcome city or county residential as our future. Prepared by: Laura Carstens. Cilv Planner Address: Cilv Hall 50 W. 13th St Telephone: 589-4210 Return to: Jeanne Schneider Cilv Clerk Address: Cilv Ha1~ 50 W. 13m St Telephone: 589-4121 RESOLUTION NO. 339-06 RESOLUTION APPROVING APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY OWNED JOHN W. AND SALLY JO HERRIG 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 14 of the SW 14 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 Dubuque County, Iowa; Lot 2 of the N % of the SW 14 of Section 8, T89N, R2E of the 5th P.M. in Dubuque County, Iowa; SW 14 of the SW 14 of Section 8, 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 or railroad property; and Resolution No. - 06 Page 2 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. 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. Resolution No. - 06 Page 3 Passed, approved and adopted this 17th day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk F:IUSERSIlCARSTENlWP/COUNCILlMolor City Herrig Butler Annexation/Herrig annexation res.doc i5ii~~E ~<k~ MEMORANDUM June 20, 2006 TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager ~ RE: Voluntary Annexation Request -- John and Sally Jo Herrig INTRODUCTION This memo transmits a resolution approving the voluntary annexation 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 and approval of a pre-annexation agreement. In addition, 0.647 acres of adjacent County right-of-way to the centerline of Derby Grange Road would be annexed. The City Council tabled the public hearings on the voluntary annexation application and the rezoning at the June 19, 2006 meeting. City Attorney Barry Lindahl has requested that a separate resolution for the Herrig annexation request be provided for the City Council's consideration. A staff report, application materials, and the pre-agreement for the Herrig annexation request also are enclosed. BACKGROUND After approval by the City Council, the State of Iowa's City Development Board must approve the annexation for it to become final because the Herrig property lies within two miles of the City of Asbury and the City of Sageville. The Herrig property meets Iowa Code requirements for annexation when combined with the Motor City/Corey annexation request that was approved at the June 19, 2006 meeting. 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. Herrig Voluntary Annexation Request Page 2 of 4 The Zoning Advisory Commission recommended rezoning to R-2 Two-Family Residential zoning rather than the R-3 requested by the Herrigs. The Commission also recommended that the C-3 District have a rear yard setback of 20% lot depth. At the June 19, 2006 public hearing, John Herrig agreed verbally to the R-2 rezoning, but not to the 20% setback in C-3. DISCUSSION The Herrigs have requested City financial assistance to facilitate future development, and have signed the enclosed pre-annexation agreement. The agreement provides a waiver of rezoning fees and a five-year transition on City property taxes the same as for the Butler and Motor City annexations. City staff has recommended the enclosed agreement 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: ~ 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 Herrig Voluntary Annexation Request Page 3 of 4 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 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 Herrig Voluntary Annexation Request Page 4 of 4 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. 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 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 the City for future development. ~ The loans provided under this agreement are 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 John and Sally Jo Herrig, and approve the pre-annexation agreement signed by the Herrigs, and then direct staff to file the required documentation with the State of Iowa's City Development Board. Enclosures F:lUSERSIWP/LCARSTEN/COUNCIUMolor CiILHerriQ...BulIer Annexation/Herrig Annexation memo.doc gJE :r --i- ~ f-( / ~f!J il::>~jl(~~ ~~"k~~~~ i -,4111 :~ ~ 1 '''''~ '-" L~n '-\JI r'f f1\/ MUll, ~~~ '-1 ufl~~ iUnll,! /0 f.:::. ~ 1 ;.:r:.0 ~ ~ \ ./i......:::::. L " ~~ ~ I ~ o ~. t:: ~~ o ... 1 0.. s::: o P ! h - ~ - ----', pM /- <C.. ..,ns .- >< .cO) .- s::: .s::: s::: ~<C ~REY I ' { I I J .--- -'c~ I ( \~ ~" ;;is ~ .~ I~ n ~\ ~ - UI l!! l!! Ql U c<( ~- 0-5 ~I- QlO c.~ o . ..In a.. en .... - -~ k y ~,~ I.J lL_1l7 ~ "- 1 ~YI ..L , ~ . \3 ' lD ~ P' - 'i,BROOK HILLS -4"'" ~ t' ~\ ~ r",' -/ffIf- - ~ I- ~f 'I r/~ i', [:~ ~ ~ r\ --l 4J W- ~ ...L r f' 0.';/7 lISt '" ~ \ ~ ~ ! I ",,\. 1& 1_ l (t: I --:. _ __~.J \. ~~ ~ ...J ~ Z ::> '" Nl"jmnV .L3SI SUNR o o o ;;: ~ ::J ~ aOOMH aOOM3 aOOM, 30m, 'i 'i 'a Q "'\ '% <~ 't Il-o ~ '" '" ~, N, 8 . fil ~ ~ " " ~ ~ E . I "' ~ i! "' ~ B ~ :; . o ",0 ~. ,,>;, o~ ~~ ~o ~1 '0 ~~ dilB >':2'~ ~2~ .~ 0 [s.s f!~E ~~~ ~~.:i:: ffi~ ~.,/4.~ oty of Dubuque PIannl~ ServIces Department DubuCl'le, IA 52001-4864 Phone: 563-589-4210 Fax: 563-5lI!H221 PLANNING APPUCATION FORM o Variance ~ Use l'l!rmt [JspecIaI 6oft~"'''' OUml\lld Sl!bck WiiM!r liIRezoring OPlanned DIsb1ct OPldh... f Plat OI4nor AnII FIlIt Qrext Al..elodmeul. []SImpIe SIIE Plan OMinDr SIIE Plan OMajorSll.ePlan o Major FlnII PliII. QSImpIe SubdMslon 1OAnr.....1b. Qrern,.u.. y Use PemlII. [)ceruIk:ate of EaJllomlc Non-VIldI.v (Ja,,1.lIIcate of ApproprIlII.ene Oor.her: DI- _ or arint I-In Ir* Ploperty owner(s): '/lull hi loW ttP ~A" V Tn U':"9rt:l Phone;t;.:.~-a;a;.:.- 1.1'11 Address: 1-=17r;n C:"IrJrD'l ' IIIItO oty: 1)"""(1111' J Slabl:...Ia- ZIp: a; 'I nn'1 FaxNllnber: ~IiJ-~l1.,-n~" AppIlcant/Agent: J olt..~, HDJr 11 i U MobIle/CeIIuIar Nl.mber. SU ~,,~- n.:..:. Phorle: -S iUKl Address: Otv: S1ale: ___ ZIp: Fax Number: MobIle/Cellular Number: SIlelocalio,,/acktoess: 13316 IUld 13500 Ovrb/l GIrmIg~ !load VUhuquD, Y,..... a;'1,'n'! ExIsting :rxlI1I~: Aa ~~- ~'l-'f.tstcnc DIsblct: ',anchIaric leglII Oesa1pt1on (SldweI1 (lIIrtEI ID# or lot runber/block number/subdlvllilon):S e. e. "~;t,, ~ liD d I. galA '~D.IJ..itIJ "'{d~g -rol2ll pope.ty (lot) _ (squlIIe reetor acres): 112 AMf)A 11./1 all ~., A,.1IvA AI f' Oesa1be puyu>dl and reason f- 'f (attach a Ietb!r of expIanatlon, If needed): ~oq A+-+...,....qg ~ ttt<<\ ~DO r..M1"il1smuea ~ IUld Le:ttvr.. CERllRCATION: l/We.!.he lIldersIgned, cb hereby a!ftIfy that: 1. The hlfo...llItton ~.oIl:b:d hEreIn Is true lII'ICI <:omld: to the best ofmylOOl" kilo: I edge and upon submIUal t-ul.... pubic nlCXlf'd; 2. Fees are not reIiJndiIbIe lII'ICI payment does not guaraI Jtee approval; and 3. All cdJttbo. reqgred WfIl.lI!n In! gtaphlc.1TllIb!riaIs are &.aoJ1ed. 4. AU. appUca:ti.on ~e.e.6 IUld zon-i.nB, ~e.e.6 peJL IUlrte.JUition il.eIlu.e.6.t IUld ZOMng Property~):oJLe. heJLe.-bl W/Li.ue.d by the. Ci.ty 06 Vubu.que.nate: ApfjIcanlJAgent: Dal2: FOR UIT&U: USI! ONLY -APPUCAnON SUBMnTAL aEan"'T Fee: ReceIYed by: 05ite/skelI:h plan 0 Cofv"olrhli!ll De\. elcpment Plan OIrnpRM5nent plans OOeslgn nNlew Pf'C!Illd desatptlon Dale: OPhXD OFloor plan . Docket: OPlat [JOI.her: .LI :J J ::> D ::> NJ$NtDSI. .10 :UYJ.S . ..W".._~. j " ~...'4!P.) ~-_. ') " C .; 1 1 ..<( . . , , ? , . - j -, - Prepared by Barry A. Lindahl 300 Main Street Sune 330 Dubuque IA 52001 563563-4113 Return to: Jeanne Schneider. City Clerk Address: City Hall. 50 W. 13th SI. Telephone: 589-4120 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 14 of the SW 14 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 'h of the SW 14 of Section 8, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (parcellD # 1008328003); and SW 14 of the SW 14 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 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 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 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 .........-- ~ EXHIIIT A I ! i I 0 I I I I " . . i I i I . ~ '\ I . '(, fi ; \0'; I ;' 5 I '\ 0 \\ 0 \ . ^ 1 , \\ \ . II , . if ! . 5 i. \ i . I ^~ I %<t, . II 0_ I I "',- I I I 1 i I I I , . , .. / i . .........- l EXHIIIT A I !!! II " Iii ~ ~ \ I 1/ I . I . . . ill' ~ \ J . 5 "'0 I ~ .; \~ 5 ;- I \. 0 \\ " \ . ^ I ~~ , , If I . il I . . i \ i it i . , ^~ %'t 1 . . h - ----....... r-' , . " , . ~\ ; ~~lTITFe ..... I ..TT"I ^ /7 ~ ~TrT1T1 I I I " \ / . "1._ ,~ -- ~ -- · ~-1111111117 ' lilT ~., ,I .L~ 1'-'. "- '---.. ! 0_ I I I "',- 1 j I j J / i . ~ I I / I ~ '. 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, including 0.647 acres of adjacent public right- of-way for Derby Grange Road 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. 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 IDOT 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 centerline of any adjoining County secondary road, so 0.647 acres of adjacent public right-of-way for Derby Grange Road is induded 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: N1A Date: 06-06-06 Prepared by: Laura Carstens. Citv Planner Address: Citv Hall. 50 W. 131h SI Telephone: 589-4210 Return 10: Jeanne Schneider. Citv Clerk Address: Citv Hall- 50 W. 13"' SI Telephone: 589-4121 RESOLUTION NO. 340 - 06 RESOLUTION APPROVING APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY OWNED BY DEAN AND PATRICIA BUTLER 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, 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 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: Resolution No. - 06 Page 2 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 17th day of July, 2006. Roy D. Buol, Mayor Attest Jeanne F. Schneider, City Clerk F:/USERSlLCARSTENIWP/COUNCIUMotor City Henig Butler Annexation/ButJer annexalion res.doc DU~%duE ~~~ MEMORANDUM June 20, 2006 TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager ~ RE: Voluntary Annexation Request -- Dean and Patricia Butler INTRODUCTION This memo transmits a new resolution approving the voluntary annexation application of Dean and Patricia Butler for annexation of 8 acres of their property south of Derby Grange Road, in conjunction with rezoning their property, and approval of a pre-annexation agreement. The staff report, application materials, and the pre-annexation agreement also are enclosed. DISCUSSION After approval by the City Council, the State of Iowa's City Development Board must approve the annexation for it to become final because the Butler property lies within two miles of the City of Asbury and the City of Sageville. The Butler property meets Iowa Code requirements for annexation when combined with the Herrig annexation request that is pending before the City Council and the Motor City/Corey annexation request that was approved at the June 19, 2006 meeting. The Zoning Advisory Commission recommended rezoning to R-2 Two-Family Residential zoning rather than the R-3 Moderate Density Multi-Family Residential originally requested by the Butlers. The Butlers agreed verbally to the R-2 rezoning recommendation through their agent, John Herrig. The City Council approved R-2 rezoning at the June 19, 2006 meeting. The Butlers have signed the enclosed pre-annexation agreement, which provides for a waiver of rezoning fees and a five-year transition on City property taxes the same as in the Herrig and Motor City agreements, subject to City Council review and approval. RECOMMENDATION I recommend that City Council adopt the enclosed resolution approving the voluntary annexation request of Dean and Patricia Butler, and approve the pre-annexation agreement signed by the Butlers, and then direct staff to file the required documents with the State of Iowa's City Development Board. Enclosures F:/USERSIWP/LCARSTEN/COUNCIUMolor City-Herrig_Butler Annexation/Butler Annexation mom.doc ~-i .(~/ ~~v ';.~II ~, -H:-~f I A~ j:41Ii~ I Fifu:~~~'1i. r Z -'" -il '" II 1 -<r (,,: h"Ullj~I'~]~ n+~~- mnhilJ t ~r 1 r -ii:---::::: >.~ (~ ~ 1\ .Li.~ l' ~ ~1 Q) - C I ~ o --:~ -' ~I W, 8.'l.Lri ~ I ~E't D.. I" I c - o I;: <(; I I .....ns .- >< .cQ) .- c .s::c ~<( n r ! ~~ ....; ~ I I ~1. di!., ~ ,If I~~ 14'11 , .\ , ~ :3 >- J!! Q; 'C -I ;! "E S ~ Q) ~ ..' ~ "e r::c I U "9 :.J ra 0 ..... ~ ;::. "u "";I III ~ ..l:: III C3 _ "C: II') .2:><I),g .~lD Q) i:J 1U!p 'ii l:5 0 Ul 0:: U ~ ~ a.. u en <<l ::!E e ;::.ra 0" ;::, ..., l1J ...,~ ~U g~ E ~ c:O c: . ... 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Undahl 300 Main Street Sutte 330 Dubuque IA 52001 563 583-41 13 Return to: Jeanne Schneider, cny Clerk Address: cny Hall, 50 W. 13th Sl Telephone: 589-4120 AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DEAN AND PATRICIA BUTLER This Agreement, dated thel7~ay of A// J , 2006, is made and entered into by and between the City of Dubuque, I~d 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 By: Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk STATE OF IOWA DUBUQUE COUNTY ) ) ) ss: ? On this /yv day of , 2006, before me, the undersigned, a Notary Public in and for said unt nd 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, a~ cgntained in Resolution No. .Y/cN:Jb passed by the City Council on thel?!"" day of ~/1 , 2006, and that ROY D. BUOL and JEANNE F. SCHNEIDER acknowledge he ecution 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. .AC.. 'S:"J'.,3,"';' \~. .Y.~TER r .,.~ C;:~;IP." s.;.~.\ ";0.1 . J'" " I ., . .~ _ f'A) I... "",'.i>I,~Sjr...lN EXP '0.,,,, ;/t4/08 ry Public in and for said State DEVELOPERS STATE OF IOWA DUBUQUE COUNTY ) ) ) ss. On this / ~ day of 'm1Ul- ,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.JA/liud Notary Public in and for said State ~~;.t. ... ~AM~ '0. ~ T04 ~. SARVIS COf11m:('.~:G j~;'imber 112262 lily Comm:IIo~Ii.ln uplrea ':l AI''5 EXHIBIT A -' -an w ~d~ '1' B- I -II ~ !I. ~"! $ l:if - -: ... g PI . ~:.. ;i - ....~ .;a::..: I!' z- LOT 1 S..I!~ Ii ~i lI!liw. _ NCI ~~;. _ 10 LIlT I IlD.L IE _ AI:AlIIIS -,,'" LIlT :!I IN lII/TLEII'S HILL ~ .g; SECtII) AllJITION. ... "~.e COUNTY. IOMA .. 'OO'OO'E 8Il7'00;?:... .--.i5 S~. ; ... .. III ;: LOT 1 36.33 ACI'ES II .~ I o o OJ LOT 2 ... :I: o - iI -.. rf.- ...> -... lZ~ !i'... ... ll:!~ ~; o ~IWC; er R. lII/TLEII TR8T. D. lII/TLEII TR8T. c. IUTU!R NCI PA'I1lICL\ A. lII/TLEII ... SlIWEY FIE8UESTEb BY: ._ DEAN lII/TLEII ~l!I 1:!l!l18 IlEIIlY __ RD. ;., . ,........ IOMA f52OD2 p.- SURVEY UCROIU.t" 1.uIt .~ SEE SHEET 2 ClF 7 !IE NDO -Sa"!IJ-E I tI'!"~ ~~:<i"'" _2: 0 0 ID ... ...J ... U 0 en u 0 ... l'l if ... iii 0 I MNbr certify tMt th18 1'" .......,inQ IlIDc:UIllW.L _ c;-- .d ... thiI ..laUd ....., IfIII"k - ~...... _ .... ..... ., tllNct. .......1 ...,.,,:lS1.. MIl that 1_. ...IV 1~ ~ ~ _ _ 1_.0f U t{J. &.5:.~ ~ti!Za>S- My l1c... ,.....,1 dH8 18 IIK.~ 31. 2DDB. ..... or 8Met.II CO\W"IId by 'thh ...1: 1bU tIwet Onl, 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 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 D~~~E ~ck~ MEMORANDUM July 12, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Voluntary Annexation Requests of John and Sally Jo Herrig, and Dean and Patricia Butler Planning Services Manager Laura Carstens is recommending approval of an annexation agreement and a request for annexation of 120.747 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. The request includes: ~ 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-2 Two-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-2 Two-Family Residential. 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. The 2002 Proposed Land Use Map of the Comprehensive Plan designated this area for commercial and residential development. The Herrigs have requested City financial assistance to facilitate future development, and pre-annexation agreements have been prepared for and signed by both the Herrigs and the Butlers. The Butlers did not request City financial assistance; however, they have signed a pre-annexation agreement providing a waiver of rezoning fees and a five- year transition on City property taxes, the same as the Herrigs, 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%). City staff has recommended the enclosed agreements with the Herrigs based on current City policy and financial resources, with the following additional terms and conditions. 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: a. For the portion of the property designated as the A-1 District, 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 Herrig's personal residence. The fee will be paid to the City upon connection of their personal residence to the City's sewer system. b. The Herrigs must pay the $500.00 per acre connection fee for any property designated C-3 General Commercial District. 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-2 Two-Family Residential District. 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-2 Two-Family Residential District. ~ The City will provide an interest-free loan in an amount not to exceed $150,000 for the construction of a sanitary sewer to serve Phase 1 of the R-2 District. To be eligible for this loan, the work must be bid and contracted by City and is subject to City bidding requirements. ~ The City will establish a loan repayment schedule of payments to be paid by Herrigs at the time of the sale of each R-2 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. ~ 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-2 District. ~ The City will establish a loan repayment schedule of payments to be paid by Herrigs at the time of the sale of each R-2 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. ~ The loans provided under this agreement are being made for services to principally residential development. Any benefit to future commercial development is incidental only. I concur with the recommendation and respectfully request Mayor and City Council approval. (J~/I ({17 /ltl,r Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager Prepared by Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563583-4113 Return to: Jeanne Schneider, City Cieri< Address: City Hall, SOW. 13th SI. Telephone: 589-4120 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 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); 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 Y, of the SW Y. of Section 8, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (parcellD # 1008328003); and SW y. of the SW Y. 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-2 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-2 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-2 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-2 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-2 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-2 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-2 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-2 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 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 tn ... (J) C ~g' 0._ ~c 1::=0 (J) N Q,(J) 00:: "'''0 a..(J) c tn .2 &. 1ae _=a.. :E:c"O )(Cc w<cca <C I- - m e~ .... i::': 0:5 ~I" .0 Q.~ o . ..ltl 0..'" ~ I 8 '" .. i ~ ~ ~ a. .. ~ c'l O fPDI...i.$ 0 I ~ , g ~ i .~ ~~ ~ ~ :!: b ? Jl' Jl' ~g i il ~ 'i, ~~ H h I ~ ~:: u..... g:mq. ~II II · . D II · . III U L... _ I I .l~~.... I , I , I I t: I I . . I . . I L . I . . . } . . -. . . 1 . I . . . BROOK HILLS BROOK HOLLOW . 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"' l!! l!! ., u ~~ o~ ~~ .,0 a.~ o . ~'" 0..'" ~ 8 " ~ " 01 ...J >- 2 ol) E...J "e ~ ~ B ~ ~ III ~ ~ :E '" 5' Q >- '" 0 c;7> Q) .= = ~ 15 VI if lJ ~ /E. cZ 1lI ~ ~ ~llI g- ~ <>liS! ~g ~~ ~ ~ ~~ 8~ Uo c o ,- rl rl D II I L..n..J >- a: ::> '" BROOK HILLS BROOK HOLLOW "0" 2 E " '" u ~ , ~ ~ .. . ."" 0, '" 0, '" o c o ~ rn . "'~ a~ ~.~ "0 o " :gQ,lO ;;0 5-~ 0,,,, ;O.g "E dO~ >-~Qj ~-g~ $!:g~ rn > c ~ 0 0 .........:,;:;1 00. rn ~ ~ rn c ~;;; ~ ~ IIl.Q ~ ~ '" '" c .c c ~~ Prepared by Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563583-4113 Return to: Jeanne Schneider, C~y Clerk Address: City Hall, 50 W. 13th SI. Telephone: 589-4120 AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND GARY L. AND MARY BETH VALENTINE This Agreement, dated for reference purposes the .:;..7 day of I j ~ ,2006, is made and entered into by, between and among the City of Dubuque, Iowa (City) and Gary L. and Mary Beth Valentine, husband and wife (Developers). WHEREAS, Developers are the owners of the real property shown on attached Exhibit A, and legally described as follows (the Property): Lot 2 of Valentine Place NO.3 containing 9.457 acres and a Portion of Lot 1 of Valentine Place No.3 defined as Parcel A containing 49.165 acres, located in the NW 11.., Section 3, T88N, R2E of the 5th P.M., Dubuque County, Iowa. The perimeter of Parcel A is more particularly described as follows: Commencing at the North 11.. corner of Section 3, T88N, R2E of the 5th P.M., Dubuque County, Iowa (also being the Northwest corner of Lot 2-2 Ohmert Farms); Thence South 0 degrees 39'-02" West along the West line of said Lot 2- 2, a distance of 792.95 feet to the Northwest corner of Lot 6 of the Northeast Fractional 11.. of said Section 3; Thence South 0 degrees 47'-35" West along the west line of said Lot 6, a distance of 676.54 feet to the Point of Beginning; Thence South 0 degrees 47'-35" West along the West line of said Lot 6, a distance of 1,821.93 feet to a point125 feet North of the Center of Section 3; Thence North 89 degrees 20'-03" West along the East-West 11.. Section line, a distance of 419.02 feet to a point 125 feet Easterly of the Easterly Right Of Way (ROW) line of Edval Lane; Thence North 5 degrees 32'-27" West along a line parallel to and 125 feet Easterly of the Easterly ROW line of Edval Lane, a distance of 1,330.99 feet to the point of curvature; Thence Northwesterly 1 continuing along said parallel line, a distance of 653.36 feet along the arc of a 1,333.50 foot radius curve to the left, of which the Chord distance is 646.84 feet and Chord bearing is N 19034'37" W to the point of tangency; Thence North 33 degrees 36'-48" West continuing along said parallel line, a distance of 925.24 feet to the East line of Lot 2-1 of the W Y, of the NW y., of said Section 3; Thence North 0 Degrees 07'-31" East along the East line of said Lot 2-1, a distance of 117.17 feet to the South corner of Lot 2 of the E Y, of the NW y., of said Section 3; Thence North 33 degrees 32'-42" East along the Southeast line of said Lot 2, a distance of 554.26 feet to the South line of Section 34, T89N, R2E of the 5111 P.M.; Thence North 89 degrees 51'-53" East along the South line of said Section 34, a distance of 358.39 feet; Thence South 37 degrees 43'-44" East, a distance of 731.13 feet; Thence South 0 degrees 45'-36" West, a distance of 738.25 feet; Thence South 52 degrees 45'-26" East, a distance of 250.15 feet to the Point of Beginning; and WHEREAS, Developers intend to request City to annex the Property; and WHEREAS, as an incentive to Developers to voluntarily apply to City to annex the Property, City is willing to enter into this Agreement, but only upon the terms and conditions set forth herein. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. This Agreement is subject to the approval of the Secretary of State, after the exhaustion of any and all appeals from the action of the Secretary of State or the expiration of the time within which such appeals may be brought, approving the voluntary annexation of the Property. In the event the Secretary of State approves such annexation as to less than all of the Property, this Agreement shall be null and void with respect to any of the Property not included by the Secretary of State. 2. Upon the filing of Developers' application for voluntary annexation, City shall promptly consider the application and if the application is approved by the City Council, transmit the application to the Secretary of State, Dubuque County Board of Supervisors, each affected public utility, and the Iowa Department of Transportation as provided by law. Developers agree not to withdraw the application or any part thereof after its filing with City. 3. City agrees to design improvements to the two curves between the bridge on North Cascade Road and Edval Lane within two (2) years of the execution of this agreement and to construct said improvements no later than the end of the construction season in 2012, and earlier if funding is available at the sole discretion of City. Developer agrees to provide City with such portion of the Property as City determines is necessary for public right-of-way to accommodate said improvements, at appraised value determined as follows: City and Developers shall have prepared an appraisal of the portion of the Property needed for public right-of-way by a certified appraiser 2 experienced in appraising similar types of properties in the Dubuque area mutually selected by City and Developers. If either party is dissatisfied with the appraisal or the parties cannot agree on an appraiser, each shall appoint its own appraiser, each of which shall be experienced in appraising similar types of properties in the Dubuque area and the two appointed by the parties shall select a third experienced appraiser to appraise the property. The average appraised values of the three appraisers shall be the appraised value of the portion of the Property needed for public right-of-way for the purposes of this section 3. In accordance with Iowa Code, if City vacates any portion of the Property purchased from Developer as public right-of-way, said excess right-of-way shall be offered to the Developer as original owner first. The price at which the excess right-of way will be offered to Developer will be the price paid by the City to Developer for said public right-of-way and surveying, platting, publication and filing fees for vacating said public right-of-way shall be the City's cost. 4. City and Developers agree that the following terms and conditions of this Agreement as stated in Sections 5 - 11 below shall not apply to that portion of the Property legally described as Lot 2 of Valentine Place No.3, containing 9.457 acres, as said lot is under contract for purchase by NCR Developers and shall be subject to the terms and conditions of the Agreement between City and NCR Developers. City and Developers further agree that the following terms and conditions of this Agreement as stated in Sections 5 - 11 below shall apply to that portion of the Property legally described as Parcel A of Valentine Place No.3, containing 49.165 acres. 5. City agrees that upon final approval of a final subdivision plat by the City Council of the City of Dubuque for the Property and the commencement of construction by Developer of the public improvements required by the resolution approving such plat: a. City shall not later than twelve (12) months after the commencement of such construction at City's sole expense extend a sanitary sewer collector through the abutting property to the boundary line of the Property, and City agrees to acquire any easements needed from the abutting property for extension of said collector. b. Developers agree to pay the City for the cost of the construction of a collector from the boundary line to a developable point. Upon sale of each lot, Developer shall pay to City an amount determined by dividing the cost of construction of said collector by the number of lots served by the collector. A balloon payment for any remaining balance shall be paid to City not later than five (5) years from the date the collector is accepted by the City Council. This cost will be calculated based on the actual construction cost of that portion of the collector line. c. Developers acknowledge that the fee for connection of lots in the Property to City's sanitary sewer interceptor shall be $500.00 per acre excluding areas delineated as flood plain on the FIRM (Flood Insurance Rate Map). d. Developers agree that it shall be a requirement of the purchase of lots in the Property that the Developers shall connect to said collector and shall pay the interceptor connection charge established by City in the amount of 3 $500.00 per acre the entire subdivision excluding areas delineated as flood plain on the FIRM pro rated on a per lot basis, at the time of connection of the lots to City's sanitary sewer system. e. City shall have no obligation to issue a permit for connection of any lot to the sanitary system prior to the payment of the fee for such lot. f. Developers shall, prior to the award of a contract for the construction of the collector lines, execute and deliver to City, in a form acceptable to City a promissory note and such other non-mortgage security as may be acceptable to the City Manager in the City Manager's reasonable discretion. 6. City agrees that upon final approval of a final subdivision plat by the City Council of the City of Dubuque for the Property and the commencement of construction by Developers of the public improvements required by the resolution approving such plat: a. City shall not later than twelve (12) months after the commencement of such construction at City's sole expense extend a water main along North Cascade Road, beginning at the new proposed entrance to NCR development currently identified as Phase II of said development and continuing south along North Cascade Road to Edval Lane approximately 1,630 feet, as shown on attached Exhibit B-3. b. Developer shall pay a water connection fee for this development. This fee is calculated based on $11.00 per lineal foot of property street footage along North Cascade Road. This current connection fee is estimated to be $17,930. This fee shall be paid prior to connection to the city water system. c. Individual water service tap fees per lot must be paid prior to the actual water tap being installed. This fee is based on the size of the service line and is subject to change annually. d. Upon completion of the construction of the water main, all dwellings constructed shall be connected to the water main. 7. City agrees to waive the $1,000 rezoning fee for the Property. 8. Failure by Developers to pay any connection fee required by this Agreement when due shall constitute a material breach of this Agreement for which City may suspend further performance of its obligations under this Agreement until such breach is remedied. 9. This Agreement shall apply to and bind the heirs, successors, and assigns of the parties. 10.AII understandings and agreements, if any, previously made between the parties hereto are merged in this Agreement, which alone fully and completely expresses their understanding with respect to the subject of this Agreement. This Agreement may not be modified except by an amendment executed by both of the parties. 4 11. Upon execution of this Agreement, City shall promptly record this Agreement with the Dubuque County Recorder. CITY OF DUBUQUE, IOWA eanne F. Schneider, CMC City Clerk By: STATE OF IOWA ) ) ) ss: DUBUQUE COUNTY ./~ 0, J On this,;?? day of Oa , 2006, before me, the undersigned, a Notary Public in and for said Q96nty 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 ontail)ed in Resolution No~5"&7~ passed by the City Council on thel'1l,(vday of /,2006, and that ROY D. BUOL and JEANNE F. SCHNEIDER acknowledged e execution of the foregoing instrument to be their voluntary act and deed and the voluntary act and deed of tht:Lcorporation, by it and by them voluntarily executed. ~~ SUSAN M. WINTER ~ . ~ COMMISSION NO, 183274 _. MY COMIoIISSION EXPIRE. 'Ow,," 2/14/08 DEVELOPERS .~,,~~ Gary~'entine " 5 STATE OF IOWA ) ) ss. DUBUQUE COUNTY ) On this ,i.. (0 day of tJ )./-A'.JZ. , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared GARY L. VALENTINE and MARY BETH VALENTINE, to me personally known, who being by me duly sworn, did say that they are the Property Owners; and that the said GARY L. VALENTINE and MARY BETH VALENTINE, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~'-',.,'''''.-"...._, s"'A'~~ \~. ' ~H'~RGER ~~ I- -25256 '0... t ',I ~; "I L '.~'..._,w",. 6