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Final Plat of Survey - Country View Estates Plat 3Copyrighted June 20, 2022 City of Dubuque Consent Items # 027. City Council Meeting ITEM TITLE: Final Plat of Survey - Country View Estates Plat 3 SUMMARY: The Zoning Advisory Commission recommending approval of the Final Plat of Country View Estates Plat 3, Country View Estates Subdivision (Northeast Corner of Hales Mill Road and Keegan Court) RESOLUTION Approving the Final Plat of Survey of: Country View Estates Plat 3, Dubuque County, Iowa SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type ZAC Letter to Council Supporting Documentation Application Supporting Documentation Final Plat Supporting Documentation Resolution Resolutions Staff Report Supporting Documentation Vicinity Map Supporting Documentation Planning Services Department Dubuque City Hall THE COF 50 West 13th Street Dubuque, IA 52001-4864 DiU!� � III Amain CNI �(563) IF 11 589-4210 phone I (563) 589-4221 fax 2007-2012-2013 (563) 690-6678 TDD Masterpiece on the Mississippi 2017.2019 nlanninz@dtvof dubuaue.orz June 10, 2022 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13t" Street Dubuque IA 52001 Applicant: Greg Adams Location: Country View Estates Subdivision (Northeast Corner of Hales Mill Road and Keegan Court) Description: To approve the Final Plat of Country View Estates Plat 3 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, explaining the plat is reconfiguring six lots that were recently platted in order to accommodate an old, abandoned county road right-of-way that became an ownership issue with the neighboring property owner. He noted that there is enough area to reconfigure and replat the lots and still meet all the requirements. He explained this would create a sliver lot to transfer to the adjacent property owner in order to avoid a legal dispute. He also noted the property is located in Dubuque County within the two-mile extraterritorial jurisdiction (ETJ) of the City. Staff reviewed the staff report, noting the submitted Plat of Survey of Country View Estates Subdivision follows recent platting of this land. Staff pointed out the area that the plat is adjusting in order to remedy a land dispute with the neighbor. Staff explained that the new lot being created, Lot A, is non -buildable and the Commission would need to waive the lot frontage requirement for this lot. Staff noted this change to the lots does not affect the subdivision's sustainability points. There were no public comments. The Zoning Advisory Commission discussed the request and found it appropriate. Recommendation By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council approved the request as submitted. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Rebecca Kemp, Vice Chairperso Zoning Advisory Commission Attachments cc: Greg Adams, 6411 Sandwedge Ct., Asbury, IA 52002 Service People Integrity Responsibility Innovation Teamwork THE CITY OF DUB E Masterpiece on the Mississippi ❑Variance ❑Conditional Use Permit ❑Appeal ❑Special Exception ❑Limited Setback Waiver ❑Rezoning/PUD/ID Dubuque _ p [ CCEOW I I I MAY - 2 2022 zao11zoI 1113 2017*2019 PLANNING ❑Preliminary Plat ❑Major Final Plat MMinor 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 Services Department ique,IA 52001-4845 Phone: 563-589-4210 Fax: 563-589.4221 ❑Certificate of Appropriateness ❑Advisory Design Review (Public Projects) ❑Certificate of Economic Non -Viability ❑Historic Designation ❑Demolition ❑Port of Dubuque /Chaplain Schmitt Island Design Review Please type or Print lenibly in inkr rc� �1 1 Property owner(s): NA L tS r � ry 3 LL Q �' j�4L®%3 M g o L%C Phone: JW ' J !� xrifl-1b it Fax #*33 86 -S7 99 cell #: 463- 690-;4-4 E mail: QrW7Si 9 00L -Com Applicant/Agent: Fax #: Cell #: 5Nm6 E-mail: �ayh-L 663- 590 -ao-VI Site location/address: 10fl—� Neighborhood Association: Existing zoning:Proposed zoning: �—1 District: Landmark: ❑Yes W No Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): Total property (lot) area (square feet or Describe proposal and reason necessary (attach a letter of explanation, if needed): Subdivision plat modifying 6 existing lots and creating one entirely new lot (so creating 7 new lots) and requesting a Waiver from Site Desiqn Standards to allow the creating( of a new lot with less than the 50' street frontage required per the UDC. 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 d graRhic materials are attached. Property Owner(s): � A RC )) 'v(hb L Date: G1t 1� m ,a N Gl—/ri+Z Applicant/Agent: Gft�- � k�j Date: FOR OFFICE USE ONLY —APPLICATION SUBMITTAL CHECKLIST Fee: U t7 Receive�p_- Uc C Date: 42R0_911&ocket: �k )Dqo RECORDER'S INDEX LOCATION: LOT 1, LOT 2, LOT 3, AND LOT 4 IN COUNTRY VIEW ESTATES: AND LOT 9 AND LOT 10 IN COUNTRY VIEW ESTATES PLAT 2, ALL IN SECTION 7, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5th P.M., DUBUQUE COUNTY, IOWA. REOUESTOR: HALES MILL DEVELOPMENT, LLC, c/o GREGORY J. ADAMS PROPRIETOR: CEDAR RIDGE CONSTRUCTION JJS.LLC: CK DEVELOPMENT GROUP LLC: AND HALES MILL DEVELOPMENT, LLC SURVEYOR: DAVID P. SCHNEIDER SURVEYOR SCHNEIDER LAND SURVEYING COMPANY: AND PLANNING,INC. RETURN TO: DAVID P. SCHNEIDER P.O.BOX 12B FARLEY,IOWA Phf563-744-3631 daves@yousq.net FINAL PLAT COUNTRY VIEW ESTATES PLAT 3, DUBUQUE COUNTY, IOWA LOT 1, LOT 2, LOT 3, AND LOT 4 IN COUNTRY VIEW ESTATES: AND LOT 9 AND LOT 10 IN COUNTRY VIEW ESTATES PLAT 2, ALL IN SECTION 7, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5th P.M., DUBUQUE COUNTY, IOWA EASEMENT NOTE: THE RIGHT OF WAY AREA FOR ALL EXISTING STREETS ARE TO BE UTILIZED AS A PUBLIC UTILITY EASEMENT, STORM WATER CONVEYANCE EASEMENT AND A PRIVATE ACCESS EASEMENT. DEVELOPER: HALES MILL DEVELOPMENT, LLC c/o GREGORY J. ADAMS RE/MAX ADVANTAGE REALTY 4029 PENNSYLVANIA AVE.. SUITE DUBUQUE, IOWA 52002 PHONE 563-590-2016 OR BOO-736-2959 SURVEY DESCRIPTION ZONING DISTRICT: RESIDENTIAL - R2 FRONT YARD - 50' STREET SIDE YARD - 50' SIDE YARD - 20' REAR YARD - 50' COUNTRY VIEW ESTATES PLAT 3. DUBUQUE COUNTY, IOWA: LOT 1, LOT 2, LOT 3, AND LOT 4 IN COUNTRY VIEW ESTATES; AND LOT 9 AND LOT 10 IN COUNTRY VIEW ESTATES PLAT 2, ALL IN SECTION 7, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5th P.M., DUBUQUE COUNTY, IOWA. TOTAL AREA 9.834 ACRES TOTAL 1.188 ACRES ROAD 8.646 ACRES NET NOTE: THE EXISTING 50' STORM WATER DRAINAGE & INFILTRATION EASEMENT ALONG THE REAR LOT LINES OF LOTS 1.2.3 AND 4 IN COUNTRY VIEW ESTATES WILL BE VACATED AND REPLACED WITH A 50' STORM WATER DRAINAGE & INFILTRATION EASEMENT ALONG THE REAR LOT LINES OF LOTS 1.2.3 AND 4 IN COUNTRY VIEW ESTATES PLAT 3. ALL PUBLIC UTILITY EASEMENTS ALONG THE SIDE AND REAR LOT LINES OF LOTS 1.2.3 AND 4 IN COUNTRY VIEW ESTATES AND LOTS 9 AND 10 OF COUNTRY VIEW ESTATES PLAT 2 WILL BE VACATED AND REPLACED WITH 10' PUBLIC UTILITY EASEMENTS ALONG ALL SIDE AND REAR LOT LINES OF LOTS 1, 2, 3, 4, 9 AND 10 IN COUNTRY VIEW ESTATES PLAT 3. ALL PUBLIC UTILITY EASEMENTS ARE ALSO UTILIZED AS STORM WATER DRAINAGE EASEMENTS. LOT LINE AND RIGHT OF WAY LINE/CURVE DATA LINE ARC CHORD BEARING CHORD RADIUS DELTA Ll 217.72' N73'50'03"E L2 45.52' N73-50'03"E C1 69.62' N81'48'43"E 69.39' 250.00' 15'57*19" L3 19.90' N89'47'23"E L4 42.56' N89'47'23"E C2 164.97' N77-58'28"E 163.81' 400.00' 23-37'50" C31 310.44- N43-55'31"E 302.71' 400.00' 44-28'04" C4 127.57' N33'18'56"E 126.70' 314.41' 23'14'55'* C5 127.57' N56-33'51"E 126.70- 314.41' 23-14-55-- L5 179.13' N73'50'03"E L6 49.57' N73°50'03"E C6 78.81' N81'48'43"E 76.55 283.00' 15'57'19" L7 13.37' N89"47'23"E LB 49.09' N89'47'23"L C7 152.80' N77"51'44'E 151.70' 367.00' 23'51'17" C6 283.40' N43'48'47"E 276.41' 367.00' 44'14'36' C9 140.97' N33'18'56"E 140.00' 347.41' 23`14'55" C10 140.97' N56°33'51'E 140.00' 347.41' 23°14'55" C111 59.50' NII-34-15 W1 59.49 1 92P.73 1 3-41'42" \\ OP" LAND SG9 ' 2 G chi DAVID P. SCHNEIDER 0 P14417 IOWA ereby certify that this land surveying document was pared and the related survey work was performed me or under y direct personal supervision and that %,a duly lied Land Surveyor under the laws of Dab-i'b P. Schneider P.L.S. P14417 'Date: My license renewal date is December 31, 2023. Pages or sheets covered by this seal: SHEETS 1 & 2 SCHNEIDER Land Surveying Planning, Inc. P.O. Box 128 Farley Iowa 52046 _ e Ph# 563-744-3631 daves@yousq.net O NI/2, SW1/4, NE1/4, SW CORNEI SEC.7, T69N, R2E 0 om N1/2, SW1/4, NE1/4, u FOUND 1/2" REBAR N88'46'30"E 214.84' _ r w/ YELLOW CAP 192.46'� #14417 m �10P.u.E. \FOUND 1/2" REBAR w/ o m SET 1/2" REBAR \ YELLOW CAP CU cmw/ YELLOW CAP \ #1440 (TYP.) #14417 (TYP.) \ w - LOT 31, Q ILO LOT COUNTRY VIEW O COUNTRY VIEW ESTATES PLAT 2 p O1 W ESTATES PLAT 2 \ \ H N D N = a Ir m LOT 10 N Q 3. 121 ACRES TOTAL NoON t 0.101 ACRES ROAD o c 3.020 ACRES NET o� \�-a �\ o o4 Nv v / A RZE ; sEc�13' jg9N mUjQ FOUND 1/2" REBAR to m w/ YELLOW CAP \ ED #14417 ON LOT LINE 145.00' \ \ FROM THE R.O.W. Z O 0�'. LINE (TYP.) cu I r LOT 9, G 1 '9\ \ N COUNTRY VIEW IV ESTATES PLAT 2 \ \• 33. 00' I I i.312 A R 5 TOTAL\ LOT A 0102 ACRES ROAD G5 / (NOT BUILDABLE) 1:210 ACRES NET I 0.422 ACRES TOTAL CENTER 0.013 ACRES ROAD SEC . 7, TB9N, R2E �s� . N68 , 33 00 p•;./ FOUND 1/2" REBAR 0.409 ACRES NET w/ YELLOW CAP \ \6' �3Ia• I # 14417 v. � •k 0031Ps'h6p'O 1;POT 22 m 57.79' m S09 .43' 25' E 01 '...L._.,... ` r 5p 9.83' NB8'48'5B'E 605.54' T A. \ 1 .93' 202.39' 163.07' I coutAl n; ES\ FOUND \ SB8'55' 12"W 617.35' vIEW �n(TYPAG N) IL I v STORM WATER \ .,DRAINAGE & INFILTRATION '-EASEMENT 2 _ o. Z z W Qo 1 231 AC'RES!TOTAL y W ao \ 0.226 ACREShiOAD7 / / r I� r-a� co�NSipTEs �-a� 1 1p oow 1 00,5 ACRES�NET LOT z3. I O O W E O O W N I-- cc Z COUNTRY VIEW H¢Z Z� f'¢Z o O �, A �T �� A ESTATES PLAT 2 IZ N SIN~[l7fAln�� No_ NfANN vI 1� Wcn WW G0 `� �\ ✓ I $ W WWW ✓o o WWW Y H¢¢¢ HIS H¢¢¢ Vim\ \c I—¢¢¢ 1 IN Ocx.�c� �'� /� I� r I I aaa r-m- . \ Oaaa`. m to Jnu�a cOiEwV Lit o I mCD0 �\ ` ooO,. ; 1 1�p1 .�+.O+O QQO LOT I COUNTRY \ \ .ti •.-. L7 VIEW O— I i / P~ 6 6 Wl I I ESTATES / C6 L6 33.03' .gyp^Q \\ ��• L3�33 64 C1 L4P� \ /33.25 S89'47 23'WW \ / 2A' / \ COOESRpIE5 // \ �DaE51 5�3.50, 3 R-250.00'—A \� "c. 15'57' 19' I I \\ — S81'4B'43"W _ _ LOT 33, LOT z-2-2\ A-69.62' I _ _ — l couNrRv vlEw NE1/4, SW64, \ \ \ I COOUN6PPt E5 ESTATES PLAT 2 AND THE SOTHUTy1 \ \ \ I I vIEW ES I \ \ 20' OF E \ EAST315.26' \ \ \ \ OF LOT 1-2-2, coutAl PPj E5 I EC.7,NEI/SWS/4, SEC.7, T09N, R2 � \\ \\ vIEW E5 1� \ 1 C00�141�A Es STORM WATER DRAINAGE 6 INFILTRATION EASEMENT SCHNEIDER FINAL PLAT Land Surveying COUNTRY VIEW ESTATES PLAT 3, DUBUQUE COUNTY, IOWA Planning, Inc. LOT 1, LOT 2, LOT 3, AND LOT 4 IN COUNTRY VIEW ESTATES; AND P•o. Iowa 1 Farleyy, owwa 52046 LOT 9 AND LOT 10 IN COUNTRY VIEW ESTATES PLAT 2, ALL IN Ph# 563-744-3631 daves@yousq. net SECTION 7, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5th P.M., Project: 2598FP3 DUBUQUE COUNTY, IOWA . ISurvey Date: 4/20/2022 Sheet: 2 of 9 Sheet 3 of 9 , Iowa OWNER'S CONSENT 2022 The foregoing plat of Country View Estates Plat 3, Dubuque County, Iowa, is made with the free consent and in accordance with the desires of the undersigned owner and proprietor of said real estate. Hales Mill Development, LLC Gregory J. Adams, Managing Member State of Iowa ) ) ss: County of Dubuque ) On this day of 2022, before me, a Notary Public in and for said State, personally appeared Gregory J. Adams, Managing Member of Hales Mill Development, LLC, to me personally known, who being by me duly affirmed did say that he said Gregory J. Adams, Managing Member of Hales Mill Development, LLC, acknowledged the execution of said instrument to be his voluntary act and deed voluntarily executed for said Hales Mill Development, LLC. Notary Public in and for said State My Commission Expires MORTGAGE HOLDERS ACKNOWLEDGMENT The undersigned for of State of do hereby certify that the attached plat of Country View Estates Plat 3, Dubuque County, Iowa, is made with our free consent and in accordance with our desire as lien holder and mortgagee of the premises described herein. President V, State of Iowa ) ) ss: County of Dubuque ) On this day of 2022, before me, the undersigned, a Notary Public in and for said State, personally appeared and to me personally known, who being by me duly sworn, did say that they are the , and respectively, of the corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of the corporation; that the instrument was signed and sealed on behalf of the corporation by authority of its Board of Directors; and that and as officers acknowledged the execution of the foregoing instrument to be the voluntarily act and deed of the corporation, by it and by them voluntarily executed. Notary Public in and for said State My Commission Expires Sheet 4 of 9 , Iowa OWNER'S CONSENT 2022 The foregoing plat of Country View Estates Plat 3, Dubuque County, Iowa, is made with the free consent and in accordance with the desires of the undersigned owner and proprietor of said real estate. CK Development Group, L.L.C. Oberbroeckling, Member State of Iowa ) ) ss: County of Dubuque ) On this day of 2022, before me, a Notary Public in and for said State, personally appeared Kevin L. Oberbroeckling, Member of CK Development Group, L.L.C., to me personally known, who being by me duly affirmed did say that he said Kevin L. Oberbroeckling, Member of CK Development Group, L.L.C., acknowledged the execution of said instrument to be his voluntary act and deed voluntarily executed for said CK Development Group, L.L.C. Notary Public in and for said State My Commission Expires MORTGAGE HOLDERS ACKNOWLEDGMENT The undersigned for of State of do hereby certify that the attached plat of Country View Estates Plat 3, Dubuque County, Iowa, is made with our free consent and in accordance with our desire as lien holder and mortgagee of the premises described herein. President V.P State of Iowa ) ) ss: County of Dubuque ) On this day of 2022, before me, the undersigned, a Notary Public in and for said State, personally appeared and to me personally known, who being by me duly sworn, did say that they are the , and respectively, of the corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of the corporation; that the instrument was signed and sealed on behalf of the corporation by authority of its Board of Directors; and that and as officers acknowledged the execution of the foregoing instrument to be the voluntarily act and deed of the corporation, by it and by them voluntarily executed. Notary Public in and for said State My Commission Expires Sheet 5 of 9 , Iowa OWNER'S CONSENT 2022 The foregoing plat of Country View Estates Plat 3, Dubuque County, Iowa, is made with the free consent and in accordance with the desires of the undersigned owner and proprietor of said real estate. Cedar Ridge Construction JJS, LLC Joseph J. Schmitt, Member State of Iowa ) ) ss: County of Dubuque ) On this day of 2022, before me, a Notary Public in and for said State, personally appeared Joseph J. Schmitt, Member of Cedar Ridge Construction JJS, LLC, to me personally known, who being by me duly affirmed did say that he said Joseph J. Schmitt, Member of Cedar Ridge Construction JJS, LLC, acknowledged the execution of said instrument to be his voluntary act and deed voluntarily executed for said Cedar Ridge Construction JJS, LLC. Notary Public in and for said State My Commission Expires MORTGAGE HOLDERS ACKNOWLEDGMENT The undersigned for of State of do hereby certify that the attached plat of Country View Estates Plat 3, Dubuque County, Iowa, is made with our free consent and in accordance with our desire as lien holder and mortgagee of the premises described herein. City. President V.P State of Iowa ) ) ss: County of Dubuque ) On this day of 2022, before me, the undersigned, a Notary Public in and for said State, personally appeared and to me personally known, who being by me duly sworn, did say that they are the , and respectively, of the corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of the corporation; that the instrument was signed and sealed on behalf of the corporation by authority of its Board of Directors; and that and as officers acknowledged the execution of the foregoing instrument to be the voluntarily act and deed of the corporation, by it and by them voluntarily executed. Notary Public in and for said State My Commission Expires Sheet 6 of 9 ATTORNEY'S OPINION I, , a practicing attorney at law in (city) Dubuque County, Iowa have examined the abstract of title to the land included within Country View Estates Plat 3, Dubuque County, Iowa; said abstract has been prepared in its entirety by the Abstract and Title Company, and was last certified to by said company on the day of , at the hour of o'clock _M. My examination of said abstract shows good and merchantable title on the date and hour of certification to be in Hales Mill Development, LLC, CK Development Group LLC, and Cedar Ridge Construction JJS, LLC. Dated at , Iowa in said County, this day of 2022. Signature Attorney at Law Name (printed) Phone COUNTY TREASURER Dubuque, Iowa 2022 I, the undersigned, Treasurer of Dubuque County, Iowa, do hereby certify that all taxes and special assessments levied against Country View Estates Plat 3, Dubuque County, Iowa, have been paid and said real estate is free and clear of all taxes as of this date. County Treasurer Dubuque County, Iowa Sheet 7 of 9 CITY OF DUBUQUE ZONING ADVISORY COMMISSION` Dubuque, Iowa-,IANP, �5 , 2022 The foregoing plat of the Country View Estates Plat 3, Dubuque County, Iowa, being within the 2 mile jurisdiction of the corporate limits of the City of Dubuque is hereby approved by the Dubuque Planning and Zoning Advisory Commission and approval of said plat by the City Council of the City of Dubuque, Dubuque County, Iowa is here by recommended. City of Dubuque Zoning Advisory Commission Chairperson CITY COUNCIL APPROVING PLAT Dubuque, Iowa I oe 0 2022 The undersigned, Brad Cavanagh, Mayor and Adrienne N. Breiffelder, Clerk of the City of Dubuque, Dubuque County, Iowa do hereby certify that the foregoing plat of Country View Estates Plat 3, Dubuque County, Iowa, as appears heretofore has been filed in the Office of the City Clerk of Dubuque, Iowa, and that the City Council of the City of Dubuque, Iowa, approves said plat. Brad Cavanag - ayor L�Z/Q.nnO l i• Adrienne N. Breitfelder- City Clerk State of Iowa ) ) ss: County of Dubuque ) 5k On this �• i day of *,I Ar-yC.— , 2022, before me, a Notary Public in and for the State of Iowa, personally appeared Brad Cavanagh and Adrienne N. Breiffelder, to me personally known, and who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa; that the seal affixed to the foregoing instrument is the Corporate seal of the City of Dubuque, Iowa, and that said instrument was signed and sealed on behalf of the said City of Dubuque, Iowa, by authority of the City Council of said city, and the said Brad Cavanagh and Adrienne N. Breitfelder acknowledged the execution of said instrument to be the voluntary act and deed of said City of Dubuque, Iowa, by it voluntary executed. TRISHt. :sommission Number719M T' My Commission Expires Notary Public in and foTtthe State of low • I I • a3 My Commission Expires I C1 i 3 Sheet 8 of 9 COUNTY ASSESSOR Dubuque, Iowa The forgoing plat was reviewed in the office of the Dubuque County Assessor this day of .2022. County Assessor of Dubuque County, Iowa DUBUQUE COUNTY BOARD OF HEALTH Dubuque, Iowa 2022 The forgoing plat of Country View Estates Plat 3, Dubuque County, Iowa, is hereby approved by the Dubuque County Board of Health and approval of said plat by the Dubuque County Board of Supervisors is hereby recommended. Dubuque County Board of Health - Chairperson COUNTY ENGINEER Dubuque, Iowa 2022 1, , the Dubuque County Engineer, have received and examined the foregoing plat of Country View Estates Plat 3, Dubuque County, Iowa, for compliance with the Dubuque County Engineering regulations and have found said plat to be acceptable. County Engineer of Dubuque County, Iowa COUNTY PLATS OFFICER Dubuque, Iowa 2022 1, , the Dubuque County Plats Officer, have received and examined the foregoing plat of Country View Estates Plat 3, Dubuque County, Iowa, for compliance with the Dubuque County Platting and Subdivision regulations and have found said plat to be acceptable. County Plats Officer of Dubuque County, Iowa Sheet 9 of 9 DUBUQUE COUNTY PLANNING AND ZONING Dubuque, Iowa 2022 The forgoing plat of Country View Estates Plat 3, Dubuque County, Iowa, is hereby approved by the Dubuque County Planning and Zoning Commission and approval of said plat by the County Board of Supervisors is hereby recommended. Dubuque County Planning & Zoning Commission Chairperson DUBUQUE COUNTY BOARD OF SUPERVISORS Dubuque, Iowa 2022 The Dubuque County Board of Supervisors of the County of Dubuque, Iowa, do hereby certify that the foregoing plat of Country View Estates Plat 3, Dubuque County, Iowa, has been filed in the office of the County Board of Supervisors and that by Resolution No. the Dubuque County Board of Supervisors have reviewed and approved said plat. Chairperson Attest Dubuque County Auditor COUNTY AUDITOR Dubuque, Iowa The forgoing plat was entered of record in the office of the Dubuque County Auditor this day of , 2022. We approve of the subdivision name or title to be recorded. Auditor of Dubuque County, Iowa COUNTY RECORDER Dubuque, Iowa The forgoing plat has been received by the Dubuque County Recorder this day of 2022. County Recorder of Dubuque County, Iowa Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13t" St (563) 589-4210 Return to: Adrienne Breitfelder, City Clerk Address: City Hall, 50 West 13t" St (563) 589-4121 RESOLUTION NO. 228-22 RESOLUTION APPROVING THE FINAL PLAT OF SURVEY OF: COUNTRY VIEW ESTATES PLAT 3, DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Survey: Country View Estates Plat 3, Dubuque County, Iowa that is within the City's 2-mile extraterritorial jurisdiction; and Whereas, said Final Plat provides for a 9.87-foot street frontage for non -buildable Lot A, where 50-foot of street frontage is required by Section 5-2 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Final Plat of Survey has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Final Plat of Survey has been examined by the City Council and they find that it conforms to the statues and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 5-2 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow a 9.8 feet of street frontage for non -buildable Lot A. Section 2. That the City Council hereby waives Sections 11-20 Water Supply, 11-21 Sanitary Sewer, 11-23 Obligation to Install Improvements, and 11-24 Improvement Guarantees. Section 3. That the Final Plat of Country View Estates Plat 3, Dubuque County, Iowa is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Final Plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a) To construct private street improvements in accordance with improvement plans approved by Dubuque County and certified upon completion by a professional engineer licensed by the State of Iowa. b) To maintain the private street improvements constructed as part of Country View Estates until such time as a homeowners' association is formed and is responsible for maintenance of the same. Section 4. That in the event that Hales Mill Development, LLC. fails to execute the acceptance within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the approval of the plat shall not be effective. Passed, approved and adopted this 20'h day of June 2022. BqW. Cavanagh, Mayor ATTEST: By: l,a- 1Q / A -IOeY ( Adrienne N. Breitfelder, City Clerk ACCEPTANCE OF RESOLUTION NO. -22 I, the undersigned, Hales Mill Development, LLC, having read the terms and conditions of the Resolution No. - 22 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of 2022. By Gregory J. Adams, Managing Member Hales Mill Development, LLC State of Iowa ) ss: County of Dubuque ) On this day of 2022, before me, a Notary Public in and for said state, personally appeared Gregory J. Adams, to me known to be the person(s) named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Notary Public in the State of Iowa My Commission expires: THE CITY OF Dubuque B- TE All-ftuica City Masterpiece on the Mississippi � pp 13 zo°''o 2017*20*2019 TO: Zoning Advisory Commission FROM: Shena Moon, Associate Planner DATE: May 27, 2022 RE: Final Plat Country View Estates Plat 3, Dubuque County, IA INTRODUCTION The submitted Final Plat of Country View Estates Plat 3 is located in Dubuque County off of Hales Mill Road. The subject plat is part of an 84-acre subdivision that was initially platted for 8 residential lots, 2 agricultural lots, and 1 lot for storm water detention. In January 2022, the City approved the Final Plat of Country View Estates 2 which subdivided a portion of the previously approved subdivision into 25 new residential lots, thereby creating a total 33 residential lots, 2 agricultural lots in the subdivision, and 1 lot for storm water detention. The Final Plat of Country View Estates Plat 3 proposes to reduce the depth of the previously approved Lots 1, 2, 3, 4, 9, and 10 by between approximately 10' to 24' and create non -buildable Lot A. Lot A requires a waiver of bulk regulations as it will not comply with the required 50' of lot frontage on a platted public right-of-way. All residential lots will have communal well systems, individual septic systems, and private streets. As the property is located in the county within 2 miles of the city limits, joint review with both County and City Zoning is required. The proposed Final Plat of Country View Estates Plat 3 is substantially consistent with the approved Preliminary Plat for this subdivision. DISCUSSION The Final Plat would reduce the depth of each Lots 1, 2, 3, 4, 9 and 10 by a measurement ranging from approximately 10' to 24'. The area being removed from these lots will be consolidated to create Lot A. Lot A is proposed to be .409 net acres and would have approximately 9.87' of frontage along Hales Mill Road. Because Lot A will not meet the Unified Development Code minimum requirement to provide 50' of frontage along a platted public right-of-way, the applicant is requesting a waiver from this bulk regulation. All other aspects of the proposed final plat are in compliance with the approved Preliminary Plat and the Unified Development Code bulk regulations. The Zoning Advisory Commission and City Council are the reviewing authorities for major subdivisions and requests for a waiver of bulk regulations. The Zoning Advisory Commission shall review the plat to determine whether it is in substantial conformance with the Unified Development Code and has the authority to waive bulk regulations. Staff Memo — Final Plat Country View Estates Plat 3 - Dubuque County, IA Planning Services staff has reviewed the proposed Final Plat of Country View Estates Plat 3 for compliance with the City's sustainability requirements. The following are the proposed sustainable subdivision development tools. Proposed Sustainable Development Tools: 1. Conservation Subdivision: 20 points 2. Roadways with 22' of pavement reducing storm water runoff: 5 points 3. Compliance with Dubuque County storm water management ordinance: 10 points 4. Solar orientation for 1/3 of total proposed lots: 10 points Total — 45 points RECOMMENDATION Planning staff requests that the Zoning Advisory Commission review the Final Plat of Country View Estates Plat 3 and recommends approval as it is in substantial compliance with City of Dubuque Subdivision Regulations and the Fringe Area Development Policy. Enclosure 2 Dubuque THE CITY OF All -America CM DUB E 1I11I' 2007.2012.2013 Masterpiece on the Mississippi 2017*2019 Vicinity Map VicinityMap Applicant: Greg Adams Location: Country View Estates Subdivision (Northeast Corner of Hales Mill Road and Keegan Court) Request type: Minor Final Plat Description: To approve the Final Plat of Country View Estates Plat 3. I Subject Property City Limits 390 780 1,560 N Feet A 1:9, 730