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
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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,