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Voluntary Annexation_Truck Country 10785 U.S. Highway 61/151_TabledMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Annexation of Truck Country, 10785 U.S. Highway 61/151 DATE: December 9, 2013 Dubuque band AI- America City 1 2007 • 2012 • 2013 Planning Services Manager Laura Carstens recommends City Council approval to table the annexation public hearing for Truck Country, 10785 U.S. Highway 61/151, from December 16, 2013, to January 6, 2014, to allow time to comply with notification requirements. I concur with the recommendation and respectfully request Mayor and City Council approval. JA)1+ Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Laura Carstens, Planning Services Manager Masterpiece on the Mississippi MEMORANDUM TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager SUBJECT: Annexation of Truck Country, 10785 U.S. Highway 61/151 DATE: December 6, 2013 Dubuque NFAmericaCiry 'Ijji' 2007. 2012 •2013 Introduction This memo requests tabling the annexation public hearing for Truck Country, 10785 U.S. Highway 61/151, from December 16, 2013 to January 6, 2014 to allow time to comply with notification requirements. Discussion The City received a written application from McCoy Family Properties for the voluntary annexation of territory south of the city that includes Truck Country, 10785 U.S. Highway 61/151. The application and other supporting documents are attached. The territory includes Truck Country's vehicle sales and service operations as well as adjacent vacated street and alley rights -of -way. State law also requires the City to annex to the centerline of abutting County public rights -of -way. The applicant has requested rezoning to C -3 General Commercial concurrent with annexation. The rezoning was considered by the City's Zoning Advisory Commission on December 4, 2013. Recommendation Iowa Administrative Code requires that the County Auditor verify the legal description of an annexation request before the City proceeds with required notifications. The legal description was not verified in time for City Council action to occur on December 16, 2013. The applicant has requested that the City Council hold the both annexation and the rezoning public hearings on January 6, 2014. To facilitate this request, I recommend that the City Council table the Truck Country annexation public hearing from December 16, 2013 to January 6, 2014. Attachments cc: Maureen Quann, Assistant City Attorney Bob Green, Water Department Manager Gus Psihoyos, City Engineer Maurice Jones, Economic Development Director Kyle Kritz, Associate Planner F: \USERS \LCARSTEN\WPl4nnex\Truck Country Staff Memo Annex Set PH Truck Country.doc THE CITY O Dui Dubuque E Masterpiece on the Mississippi ❑ Variance ❑Conditional Use Permit DAppeal ❑Special Exception ❑ Limited Setback Waiver ®Rezoning /PUD /ID arot•nn•1I, PLANNING APPLICATION FORM ['Preliminary Plat DMajor Final Plat DMinor Final Plat ❑Simple Site Plan ❑Minor Site Plan ❑Major Site Plan ['Simple Subdivision ❑Text Amendment ['Temporary Use Permit ®Annexation ❑Historic Revolving Loan ❑Historic Housing Grant City of Dubuque Planning Services Department Dubuque, IA 52001 -4805 Phone: 563-589-4210 Fax: 563-589-4221 planningadivofdubuaue.orq ❑Certificate of Appropriateness ❑Advisory Design Review (Public Projects) ❑Certificate of Economic Non - Viability ❑Historic Designation ❑Demolition in Conservation Districts ❑Port of Dubuque Design Review Please tune or print Ieaibn/ in ink Property owner(s):MCCoy Family Properties, Wausau Ltd. Partnership/Truck Country of Iowa, Inc. Phone: 563 - 5563773 Address: 2099 South Park Ct Ste 2 City* Dubuque Fax #: Cell #: E -mail: State:I8 _ Zip• 52003 Applicant/Agent: Peter Arlina O'Connor & Thomas P.C. Phone: 563 -557 -8400 Address: 700 Locust St. Ste 200 City: uque State.. IA Zip; 52001 Fax #: Cell #: E -mail: narlinot octhomaslaw.com Site location /address:, 10785 Hiahwav 61 South Neighborhood Association: N/A Existing zoning: County Proposed zoning: C -3 District: N/A Landmark: ❑ Yes ® No Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): See Exhibit A Total property (lot) area (square feet or acres): 16.08 acres Describe proposal and reason necessary (attach a letter of explanation, if needed): it e nest to rezone subject nr pet to C-3 General Commerdal.District in coniunction with annexation of the property Into the City of Dubunue. CERTIFICATION: I /we, the undersigned, do hereby certify /acknowledge that: 1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my /our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written and graphic materials are attached. SPA wai,h a Property Owner(s): Applicant/Agent:: Date: Date: /07,3 FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST Fee: Received by: Date: /1• 403 Docket: Planning Application Form Certification: McCoy Family Properties: o Wausau Limited Partnership: Truck Country of Iowa, Inc.: EXHIBIT ANNEXATION MAP LEGEND CITY LIMITS MCCOY FAMILY PROPERTIES XHIBIT B; LOCATION MAP 1:95,000 VERIFIED LEGAL DESCRIPTION for TRUCK COUNTRY ANNEXATION: Lot 2 of McCoy Place and Lot 3 of the NW'/ all in Section 12 Township 88 North, Range 2 East of the 5th P.M. according to the plats thereof in Dubuque County, Iowa, subject to highway and easements of record; Lot 2 -1 -1 -1 of the NW'/ of Section 12 Township 88 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the recorded plats thereof subject to highway and easements of record; Lot 1 of McCoy Place; Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 2 of Lot 2 of the NW'/ all in Section 12, Township 88 North, Range 2 East of the 5th P.M. according to the United States Government Survey and the recorded plats thereof subject to highway and easements of record; Lots A and D of Waller Street Subdivision, all in Section 12 Township 88 North, Range 2 East of the 5th P.M. according to the plats thereof in Dubuque County, Iowa, subject to highway and easements of record; and to the centerline of the adjoining public rights -of -way, including the North 1/2 of Lake Eleanor Road from US 61/151 west to this annexation territory and the South 1/2 of Chestnut Street from US 61/151 west to this annexation territory, all in the County of Dubuque, Iowa. Township 88 North, Range 2 East ionf the 51 h PM. according to the'. ments of record; OF DUBUQUE, Lot 2-1-1-1 of the NW IOWA Y. of Section 12 Town TIDE CF PUBl.lc ship 88 North, Range 2 FI RING East the 5th P.M. ac- NOTICE i IS HEREBY cording to the plats GIVEN that the Dubu- thereof in Dubuque que City Council will County, Iowa, subject hold a public hearing to highway and ease - on a voluntary annexa- menu of record; tion request by McCoy Lot 1 of McCoy Place; Family Properties for Lot 2 of Lot 1 of Lot 1 of the voluntary annexa- Lot 2 of Lot 2 of the NW tion of territory south Y. all in Section 12 of the city,' and gener- ally located at Truck Country, 10785 US Highway 61/151. The plats thereof in public hearing will be Dubuque County, 10- held: wa,'subject to highway DATE: Monday, De- and easements of re cember 16, 2013 cord; the vacated TIME.- 6:30p.m. streets and alleys abut -' -` PLACE: City Council ting said properties; ;? Chamber, Historic Fed- and to the centerline of': eral Building, 350 W. all abutting Dubuque 6th Street; Dubuque, County public rights- Iowa of -way. The legal description At the public hearing, of the proposed annex- all interested parties ation territory follows: may present oral and Lot 2 of McCoy Place written comments re- and Lot 3 of the NW Y. garding the', proposal. all in Section 12 Town- Copies of supporting ship 88 North, Range 2 documents for the pub East of the 51 h P.M. lic hearing are on file in' according to the plats the City Clerk's •ffice thereof in Dubuque and may be viewed County, Iowa, subject during normal working to highway and ease- hours. Any visual or hearing impaired persons needing special assis -' tance or persons with' special accessibility needs should contact: the City Clerk's Office at (563) 589 -4120 or TDD (563) 690 -6678 att least 48 hours prior to the meeting. it 11/15 STATE OF IOWA DUBUQUE COUNTY {SS: CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: November 15, 2013, and for which the charge is $26.03. „% �/L'' a C,•, a Subscribed to before m, Notary Public in and for Dubuque County, Iowa, ,20/3 . this day of Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYERI Commission Number 154885 My Cc-: Exp. FEB. 1, 2r,