Severance of Properties Sandpipe_Berry LanesTHE CITY OF
DuB E MEMORANDUM
~~-~
February 27, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: West Side Annexation -Severance Requests
Planning Services Manager Laura Carstens is recommending that the severance
requests for two properties on Sandpiper Lane and two properties on Berry Lane be
approved.
These four parcels were part of the 700-acre west end annexation, and the City agreed
that if they chose to annex to the City of Asbury prior to February 24, 2007, that the City
of Dubuque would approve a severance.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
I~
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
THE CTTY OF
DUB E
~.~
MEMORANDUM
February 26, 2007
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
SUBJECT: West Side Annexation -Severance Requests
INTRODUCTION
This memorandum transmits severance requests for four properties that lie north of Pennsylvania
Avenue (formerly Middle Road) and east of Seippel Road. Two parcels are on Sandpiper Lane and
two are on Berry Lane. A map, a resolution, and a staff report are enclosed.
BACKGROUND
These four parcels are the subject of a compromise pledge that the City of Dubuque made to the City
Development Board at their public hearings for the 700-acre West Side Annexation. The City agreed
to not oppose severance requests if filed by the property owners within two years of the annexation.
The deadline for filing these severance requests was February 24, 2007.
DISCUSSION
The Iowa Code provides for the voluntary severance of property to proceed in the same way as
voluntary annexation. The severance process requires the written consent of the property
owner(s) and the approval by resolution of the City Council.
The property owners have filed voluntary annexation requests with the City of Asbury. Three of the
four lots are single-family residences; the fourth is vacant.
Since the owners have filed annexation requests with the City of Asbury, City Development
Board Administrator Steve McCann has asked Dubuque to file our severance proceedings with
the City of Asbury. The City of Asbury will file their annexation proceedings along with our
severance proceedings with the City Development Board. Mr. McCann will then complete the
filing of both the severance and the annexation with the Dubuque County Recorder and various
state agencies.
Mr. McCann has also asked that the City Council approve the severance on the condition that the
properties are annexed to the City of Asbury to avoid creation of an "island". An "island" is an
area of unincorporated territory surrounded by the corporate limits of one or more cities.
RECOMMENDATION
I recommend that the City Council approve the severance requests, adopt the enclosed
resolution, and direct the City Clerk to file the severance proceedings with the City of Asbury.
Enclosures
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. 13th St. Telephone: 589-4121
RESOLUTION NO. 123-07
RESOLUTION APPROVING APPLICATIONS FOR VOLUNTARY SEVERANCE OF
TERRITORY FROM THE CITY OF DUBUQUE, IOWA
Whereas, Stanley K. and Lou Ann Kay Ward, the property owners, have submitted
a written application for voluntary severance of approximately 2.606 acres of land from the
City of Dubuque, Iowa; and
Whereas, Karen Cogan, the property owner, has submitted a written application for
voluntary severance of approximately 1.969 acres of land from the City of Dubuque, Iowa;
and
Whereas, Wayne G. Siebert, the property owner, has submitted a written
application for voluntary severance of approximately 1.955 acres of land from the City of
Dubuque, Iowa; and
Whereas, Donald J. and Luella C. Cogan, the property owners, have submitted a
written application for voluntary severance of approximately 2.664 acres of land from the
City of Dubuque, Iowa; and
Whereas, Iowa Code section 368.8 authorizes the severance of property in
situations of this character by adoption of a resolution; and
Whereas, the severance is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Resolution No.123- 07
Page 2
Section 1. That the application of Stanley K. and Lou Ann Kay Ward, the property
owners, for voluntary severance of approximately 2.606 acres of land from the City of
Dubuque, Iowa, as shown on Exhibit A and legally described as Lot 1-4-1 SW SW of
Section 19 T89N R2E is hereby approved for severance from the City of Dubuque, Iowa on
the condition that said property is annexed to the City of Asbury, Iowa.
Section 2. That the application of Karen Cogan, the property owner, for voluntary
severance of approximately 1.969 acres of land from the City of Dubuque, Iowa, as shown
on Exhibit A and legally described as Lot 2-6-1 SW SW of Section 19 T89N R2E is hereby
approved for severance from the City of Dubuque, Iowa on the condition that said property
is annexed. to the City of Asbury, Iowa.
Section 3. That the application of Wayne G. Siebert, the property owner, for
voluntary severance of approximately 2.606 acres of land from the City of Dubuque, Iowa,
as shown on Exhibit A and legally described as Lot 2-4-1 SW SW of Section 19 T89N R2E
is hereby approved for severance from the City of Dubuque, Iowa on the condition that
said property is annexed to the City of Asbury, Iowa
Section 4. That the application of Donald J. and Luella C. Cogan, the property
owners, for voluntary severance of approximately 2.606 acres of land from the City of
Dubuque, Iowa, as shown on Exhibit A and legally described as Lot 1-6-1 SW SW of
Section 19 T89N R2E is hereby approved for severance from the City of Dubuque, Iowa on
the condition that said property is annexed to the City of Asbury, Iowa.
Passed, approved and adopted this 5th day of March 2007.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
F:/USERS/LCARSTEN/WP/COUNCIU west side severance resolution.doc
Exhibit A Voluntary Severance from Dubuque
Concurrent with Annexation to Asbury
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SEVERANCE STAFF REPORT Council Agenda: March 5, 2007
Property Location: Sandpiper Lane and Berry Lane
Property Owner: Stanley K. and Lou Ann Kay Ward -- parcel J; Karen Cogan --
parcel K; Wayne G. Siebert -- parcel L; Donald J. and Luella C.
Cogan -parcel M.
Legal Description: Parcel J: Lot 1-4-1 SW SW of Section 19 T89N R2E
Parcel K. Lot 2-6-1 SW SW of Section 19 T89N R2E
Parcel L: Lot 2-4-1 SW SW of Section 19 T89N R2E
Parcel M: Lot 1-6-1 SW SW of Section 19 T89N R2E
Proposed Land Use: Residential
Existing Land Use: Single-Family ResidentialNacant
Adjacent Land Use: Residential Existing Zoning: AG
Adjacent Zoning: Residential, Agricultural
Flood Plain: No Total Area: 9.194 acres
Water: No Storm Sewer: No Sanitary Sewer: No
Existing Street Access: Parcel Jand L -- Sandpiper Lane; Parcel Kand M -- Berry Lane
Purpose: These four parcels are the subject of a compromise pledge that the City of
Dubuque made to the City Development Board at their public hearings for the 700-acre
West Side Annexation. The City agreed to not oppose severance requests if filed by the
property owners within two years of the annexation. The property owners have filed
voluntary annexation requests with the City of Asbury.
Physical Characteristics: Three of the four lots are single-family residences (parcels J,
L, and M); the fourth is vacant (parcel K). The four parcels lie north of Pennsylvania
Avenue (formerly Middle Road) and east of Seippel Road. Sandpiper Lane and Berry
Lane are gravel roads.
Conformance with Comprehensive Plan: The subject property is not identified as a
potential growth area in the 2002 Comprehensive Plan.
SEVERANCE STAFF REPORT Page 2
Impact of Request on:
Utilities: The properties are not currently served by City utilities.
Traffic Patterns/Counts: Traffic counts for this area are .
Public Services: The property is served by City police and fire services, as well
as solid waste collection services.
Environment: No impacts anticipated.
Adjacent Properties: No impacts anticipated.
CIP Investments: The City has budgeted for water and sewer extensions for
recently annexation areas.
Staff Analysis and Recommendation:
The four subject properties were included as part of the 700-acre West Side Annexation in
accordance with State law to avoid the creation of an "island". The properties were
officially annexed on February 24, 2005.
Extensions of water and sewer to serve these properties have not been made due to
the limited development in the area.
The Iowa Code provides for the voluntary severance of property to proceed in the same
way as voluntary annexation. The severance process requires the written consent of
the property owner(s) and the approval by resolution of the City Council.
Since the owners have filed annexation requests with the City of Asbury, the City of
Dubuque needs to coordinate the severance with Asbury's annexation process. The
State of Iowa's City Development Board will then complete the filing of both the
severance and the annexation with the Dubuque County Recorder and various state
agencies. The City Council should approve the severance on the condition that
properties are annexed to the City of Asbury to avoid creation of an "island".
r
Prepared by: ~ } ~ Reviewed: N~~" Date: ~~~~' ~
LcarstenNvplCOUNCIL/west side severance staff report.DOC
The Honorable Mayor & City Council Members -
City of Dubuque
City Hall - 50 W. 13~' Street
Dubuque IA 52001
RE: Severance Request
Dear Mayor & City Council Members
I, Stanley K and Lou Ann Kay Ward, owner of 2.606 acres of property north
Middle Road, legally described as the Lot 1-4-1 SW SW of Section 19 T89N R2E
in Dubuque County, Iowa, request voluntary annexation of this property to the
City of Asbury, Iowa. This parcel is shown on the enclosed plat as parcel J.
Sincerely,
Stanley K. Ward ~--.__
~G ~...
Lou Ann Kay Ward
FR%'h1 :CIETC F=i\: t.l~. ..?5-24c-53.`', =a_ly. ?'_.} ci3~7 ~??:ti2Frt F"
The Honorable Mayor ~ City Council Members
City of Dubuque
City Ha11- 50 W. 13'h Street
Dubuque IA 52001
RE: Severance Request
Dear Mayor & City Council Members:
I, Karen Cogan, owner of 1.969 acres of property along Berry lane, legally
described as Lot 2-8-1 of the Southwest % of the Southwest'/~ of Section 19
T89N R2E in Dubuque County, Iowa, request severance of this property from the
City of pubuque, tows. This parcel is shovrn on the enclosed plat as parcel K.
Sincerely,
~----
Karen Cohan ~,
~1
The Honorable Mayor & City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Severance Request
Dear Mayor & City Council Members
I, Wayne G. Siebert, owner of 1.955 acres of property north Middle Road, legally
described as the Lot 2-4-1 SW SW of Section 19 T89N R2E in Dubuque County,
Iowa, request voluntary annexation of this property to the City of Asbury, Iowa.
This parcel is shown on the enclosed plat as parcel L.
Sincerely,
i~~ ~~.J
Wayn G. Siebert
~~~
Dated ~-~'day of ~~ , 2007
The Honorable Mayor & City Council Members
City of Dubuque
City Hall - 50 W. 13~' Street
Dubuque IA 52001
RE: Severance Request
Dear Mayor & City Council Members
I, Donald J and Luella C. Cogan, owner of 2.664 acres of property north Middle
Road, legally described as the Lot 1-6-1 SW SW of Section 19 T89N R2E in
Dubuque County, Iowa, request voluntary annexation of this property to the City
of Asbury, Iowa. This parcel is shown on the enclosed plat as parcel M.
Sincerely,
Donald J. Cogan
~~~~~
Luella C. Cogan
Dated ~ day of -~,T, --, 2007
ASt3UKY ANNEXAI'lUN
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http://www.dbeco.org/pvweb2-dubuquelprint.do?titleBox=on&title=ASBURY+ANNEXA... 2/22/2007
ASBURY ANNEXATION