West E Com.Sub, Storm Wat DetCITY OF DUBUQUE, IOWA
MEMORANDUM
May 17, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Storm Water Detention - West End Commercial Subdivision
Planning Services Manager Laura Carstens is recommending approval of the final plat
for the West End Commercial Subdivision. This creates 13 new lots off an extension of
Menard Court.
Tschiggfrie Excavating Company is also requesting that the City of Dubuque accept Lot
B for public maintenance of a storm water detention basin. This City's new policy states
that if 50% or more of the development were held by the same entity, the City would not
take over the storm water detention facility. Even though that 50% requirement has not
been met in this case, staff feels that extenuating circumstances exist that make it
appropriate to accept this facility at this time.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Laura Carstens, Planning Services Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
May 15, 2001
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Laura Carstens, Planning Services Manager
Storm Water Detention - West End Commercial Subdivision
INTRODUCTION
This memo transmits a final plat and resolution for the West End Commercial
Subdivision for consideration by the City Council.
BACKGROUND
Tschiggfrie Excavating Company has submitted a final plat for West End Commercial
Subdivision. The subject subdivision creates 13 new lots off an extension of Menard
Court, including one lot for a storm water detention facility (Lot B). The final plat was
approved by the Zoning Advisory Commission in August 2000: The Commission's
correspondence is attached.
The applicant then held the subdivision from the City Council agenda, pending the
City's review of its storm water detention policy related to commercial subdivisions. On
April 16, 2001, the City Council amended this policy to include commercial
subdivisions. A copy is attached.
DISCUSSION
As described in the attached letter, Tschiggfrie Excavating Company is requesting that
the City of Dubuque accept Lot B for public maintenance of a storm water detention
basin, which would require a waiver from the new policy regarding ownership. The new
policy states that if 50% or more of the development is held by the same entity, the City
would not take over the storm water detention facility.
The applicant has an interested buyer for both Lot 7 and Lot 8, which together
compdse over 50% of the area of the subdivision. Lot 7, however, is approximately 7.8
acres in size and is entirely within the 100-year flood plain. In fact, the elevation of the
lot is so Iow that it will not drain toward the storm water detention basin. In addition,
because Lot 7 is in the 100-year flood plain, it is not a buildable lot.
Storm Water Detention -West End Commercial Subdivision
May 15, 2001
Page 2
The applicant is requesting that the City Council waive the 50% ownership requirement
contained in the new Storm Water Detention Policy for this development because of the
above situation.
RECOMMENDATION
The City Engineering and Planning Services staff have reviewed this request, and feel
that an exception to the new policy is warranted in this particular situation. Lot 7 does
not flow into the storm water detention basin, and is not a buildable lot because of its
location within the 100-year flood plain. Staff feels that that situation warrants a waiver
of the restriction that no more than 50% of the development be held by the same
owner.
ACTION STEP
The requested action is for the City Council to adopt the enclosed resolution that
approves the final plat for West End Commemial Subdivision, waives the Storm Water
Detention Policy due to the unique circumstances of Lot 7, and accepts Lot B as a
publicly-maintained storm water detention basin.
LCtmkr
Attachments
Mike Koch, Public Works Director, w/attachments
Gus Psihoyos, Assistant City Engineer, w/attachments
April 23, 2001
Honorable Mayor and City Council
city mn
Dth and Central
Dubuque, Iowa
Subject: West End Commercial Subdivision Final Plat
The new storm water detention policy for commemial development that just was adapted,
which states that if 50% or more of the development or subdivision is held by the same
entity the City would not take over ownership of the storm water detention lot.
This could become a problem for our West End Commercial Subdivision, which we are
asking for our final plat approval at your next Council Meeting, the problem is we have
an interested buyer for Lot 7 and Lot 8 of the' Subdivision, which totals over 50% of the
area, but Lot 7 which is about 7.85 acres, which is the flood plain bottom wound, and the
elevation is lower than the bottom of the storm water detention basin, which can not and
will not benefit Lot 7 at all because it is not a buildable lot.
So I believe the new storm water detention policy would be more appropriate if it would
state that if 50% or more of that part of the development that is served by the storm water
detention basin the City would not take ownership of it, if owned by the same entity. We
would request approval of our final Plat with this exception.
Ed Tschiggfrie
Tschiggfrie Excavating
CITY OF DUBUQUE STORM WATER DETENTION POLICY
It is the current policy of the City of Dubuque to require storm water
detention facilities for all developments of one acre or more, and for smaller
developments of less than one acre when conditions warrant.
Storm water detention facilities in residential subdivisions may be accepted
for ownership and maintenance by the City. Facilities in commercial, office,
institutional, mixed use or industrial planned unit developments and
subdivisions may also be accepted by the City, except where ownership of
fifty percent (50%) or more of the development or subdivision is held by the
same entity or is otherwise under common ownership.
Acceptance of storm water detention facilities is subject to the following
requirements:
An owner of property of one acre or more must construct the storm water
detention facility in accordance with the subdivision plans approved by the
City, and must dedicated the facility to the City as a condition of the final
plat approval.
The owner must continue to own and maintain the facility until: (1) the
facility has been fully completed, (2) eighty percent (80%) of the platted lots
have been fully developed, and (3) adequate erosion control measures, as
approved by the City, have been installed on the remaining twenty percent
(20%) of the lots. Acceptance of the facility must be by the City Council, as
required by the Subdivision Ordinance.
The owner must agree that once the City accepts the facility, periodic
inspection, administrative and maintenance expenses for the facility will be
assessed against the lots in the subdivision in proportion to the acreage of
each lot as a percentage of the acreage in the subdivision or planned unit
development, and that the costs will be collected in the same manner as
general property taxes. Such costs will be dependent upon the condition of
the facility.
Acceptance of the facility for a non-residential subdivision or planned unit
development will be based on the preliminary plat approved by the Zoning
Advisory Commission for a subdivision, or the conceptual development plan
approved by the City Council.
Icarsten/wp/council/storrnpolicy3 .doc
Planning Services Department
50 West 13th Street
Dubuque, Iowa 52001-4864
Phone (319) 589-4210
Fax (319) 589-4221
August 15, 2000
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque, IA 52001
RE: Final Plat
Applicant:
Location:
Description:
Tschiggffie Excavating Company
Menard Court
Final Plat - West End Commercial Subdivision
Deer 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, stating that the submitted plat resubdivides the existing
parcels into smaller lots for future development. Staff reviewed surrounding land uses and that a storm
water detention basin will be constructed on Lot B.
The Zoning Advisory Commission discussed the request, indicating that the submitted plat is in
compliance with the City of Dubuque Subdivision Regulations.
Subsequent to the Zoning Advisory Commission meeting, the applicant has indicated that he wants to
dedicate the storm water detention basin to the City of Dubuque. This request does not comply with the
City's existing storm water detention policy (copy attached), which states that the City will not accept
detention facilities for commerdal subdivisions. The applicant has submitted a letter that outlines his
reasons for requesting that the City Council change the existing policy. Staff has prepared two
resolutions; one requiring the applicant to maintain the detention basin, the second accepting the
detention basin for public maintenance. Section 5 in both resolutions pertains to the detention basin.
Recommendation
By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City Council approve the final
plat. Please note: The Commission did not review the applicant's request for dedication of the detention
facility.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Eugene Bird, Chairperson
Zoning Advisory Commission
Attachments
Service People Integrity Responsibility Innovation Teamwork
Prepared by: Laura Caretens~ City Planner Address: City Hall, 50 W, 13th Street Telephone: 589-4210
RESOLUTION NO. 218-01
A RESOLUTION APPROVING THE FINAL PLAT OF WEST END COMMERCIAL
SUBDIVISION IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a final plat of West End
Commercial Subdivision in the City of Dubuque, Iowa; and
Whereas, upon said final plat appears a street to be known as Menard Court (Lot
A) together with certain public utility and sewer easements and storm water detention
facility (Lot B) which the owners by said final plat have dedicated to the public forever;
and
Whereas, said plat provides 0 feet of frontage for Lot B, where 60 feet is required
by Section 42-19(b) of the Subdivision Regulations; and
Whereas, the final plat has been examined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said final plat has been examined by the City Council and they find that
it conforms to the statutes and ordinances relating to it, except that no streets or public
utilities have yet been constructed or installed, except for sanitary sewer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the dedication of Menard Court (Lot A), storm water detention
facility (Lot B) and existing sanitary sewer together with the easements for public
utilities, sanitary sewer, storm sewer and water mains as they appear upon said final
plat, be and the same are hereby accepted; and
Section 2. That Section 42-19(b) of the Subdivision Regulations is waived to
allow Lot B to have 0 feet of frontage, where 60 feet of frontage is required.
Section 3. The City of Dubuque Storm Water Detention Policy is waived to
allow Lot B to be dedicated to the City with more than 50% of the subdivision held by
the same entity, where less than 50% ownership by the same entity is required for
dedication of a storm water detention facility in a non-residential subdivision.
Resolution No. - 01
Page 2
Section 4. That Lot 7 shall be designated as a non-buildable lot due to its
location within the 100-year flood plain.
Section 5. That the plat of West End Commercial Subdivision 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 reduce Menard Court (Lot A) to grade and to construct concrete curb
and gutter and to hard surface with asphaltic concrete, or with concrete
paving with integral curb, all in accordance with the City of Dubuque
standard specifications, all in a manner acceptable to the City Engineer, and
in conformance with construction improvement plans approved by the City
Engineer, and inspected by the City Engineer.
(b)
To install sanitary sewer mains and sewer service laterals into each
individual lot, water mains and water service laterals into each individual lot,
storm sewers and catch basins, boulevard street lighting and erosion control
devices all in accordance with the City of Dubuque standard specifications,
all in a manner acceptable to the City Engineer, and in accordance with
construction improvement plans approved by the City Engineer, and
inspected by the City Engineer,
(c)
To construct a storm water detention facility on Lot B in a manner
acceptable to the City Engineer in accordance with the improvement plans
and City of Dubuque Standard Specifications approved by the City and
inspected by the City Engineer.
(d)
To construct said improvements, prior to two (2) years from the date of
acceptance of this resolution, at the sole expense of the owners, or future
owner;
(e)
To maintain the public improvements, for a period of two (2) years from the
date of the acceptance of those improvements by the City of Dubuque,
Iowa, at the sole expense of the owners, or future owner;
And, further provided that said Tschiggfrie Excavating Company, as owners of
said property, shall secure the performance of the foregoing conditions provided in this
Section by providing guarantees in such form and with such sureties as may be
acceptable to the City Manager of the City of Dubuque, Iowa.
Section 6. Sidewalk installation shall be the responsibility of the owner
abutting the public rights-of-way, including lots with multiple frontages, as required by
City Code 41-161 through 41-164. The responsibility shall extend to all successors,
heirs and assignees. Sidewalk installation will not be required until the development of
Resolution No. - 01
Page 3
the lot has been completed, except as required herein. In sparsely developed
subdivisions, sidewalks on developed lots will not be required until 50% of the lots
approved by the plat have been developed. All vacant buildable lots shall have
sidewalks installed upon development of 80% of the lots approved by the plat.
Section 7. The undersigned owner hereby agrees to continue to own and
maintain the storm water detention facility on Lot B until: (1) it has been fully completed;
(2) 80% of the platted lots have been fully developed; and (3) adequate erosion control
measures, as approved by the City, have been installed in the remaining 20% of the
lots.
Section 8. Upon the City's acceptance of the detention facility, the
undersigned owner hereby agrees that periodic inspection, administrative and
maintenance expenses incurred by the City of Dubuque for the storm water detention
facility (Lot B) shall be assessed against Lots 1 through 6 and Lots 8 through 13 in
proportion to the acreage of each lot as a percentage of the acreage in the subdivision.
Lot 7 shall be exempted from this assessment because the elevation of this lot is such
that it will not drain into the storm water detention facility on Lot B and lies entirely
within the 100-year flood plain, thereby making it an unbuildabte lot. Such costs will be
dependent upon the condition of the facility. The City Manager shall certify such costs
to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County
Treasurer, and such costs shall then be collected with and in the same manner as
general property taxes in accordance with previsions of law.
Section 9. That the final acceptance of all public improvements shall occur
upon certification of the City Engineer to the City Council that all public improvements
have been completed in accordance with the improvement plans and City standard
specifications and accepted by City Council Resolution.
Section 10. That in the event Tschiggfrie Excavating Company fails to execute
the acceptance and furnish the guarantees provided in Section 5 hereof within 180
days after the date of this Resolution, the provisions hereof shall be null and void and
the acceptance of the dedication and approval the plat shall not be effective.
Passed, approved and adopted this 21st day of May, 2001.
Terrance M. Duggan, Mayor
Attest:
Karen M. Chesterman, Deputy City Clerk
ACCEPTANCE OF RESOLUTION NO. 218-01
I, the undersigned, Edward D. Tschiggfrie, representing Tschiggfde Excavating
Company, having read the terms and conditions of the Resolution No. - 01 and
being familiar with the conditions thereof, hereby accept the same and agree to the
conditions required therein.
/s/ Edward D. Tschiggfrie
Dated this day of ,2001
FOUND
(6O3
RIGHT
0-5
2 5
g OF
L
~.~ 15' U.E.
E COMME
214.,09'
COURT(LOT ^)
13 12 11 10
40' ELECTRIC
TRANSMISSION
UNE EASEBENT E COMME
....... F ...... ~Y...~) ....
6
9 LOTI
DESCRIPTION
ors ~ and 5 in Block 2 tn Tschiggfrie Commercial in ~he CRy of Dubuque, Iowa,
AND
Let 1 of ~he subdivision of the SW /4. of the NE /4 of Section 28,
Tawnsh p 89 North, Range 2 Rest of the 5th P.M,, Dubuque County, Iowa,
AND
Lot 1 of Minerol Lot 292, being in the NW 1/4 of the SE 1/4 of Section 28,
Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa
FINAL PLAT
WEST END COMMERCIAL SUBDIVISION
DUBUQUE, IOWA
NORTH
0 100 200
SCALE IN FEET
/
/
SANITARY SEWER
EASEMENT
SEE SHEET 2
25,870 S0,F1
11~ 28,482 SQ,F~
LINE
PROPRIETOR & SUBDIVIDER:
TSCHIGGFRIE EXCAVATINO CO.,
C/O EDWARD TSCHIGGFRIE
425 JUL¢£N DUBUQUE DR.
DUBUQUE, IOWA 52002
DATE PREPARED: JUNE 30, 2000
lit *~I~ ~[~y O~ DUBUQUE, IOWA
5/4" PIPE,
CAP # 1455
CENTER OF
SEI/4 SEC. 26
LOT 5,
BLOCK I
LEANORA ~ TERRY
FINAL PLAT
WEST END COMMERCIAL SUBDIVISION
DUBUQUE, IOWA
LEGEND
.... RiGHT~OF~W^Y UNE
SEE SHEET 1 ',,~,? 0'7.193 ~Ic;p~^~75'x
~, u,~!~ ...
537.56'
LOT I-1-1-2
DUBUQUE HOMES
CENTER GROVE PLACE
OUANE
DUBUQUE HOMES GOEDKEN
CENTER GROVE
PLACE
RICltARD & YVONNA DUDDECK
CARL & MARTHA DUDDECK
T-BAR
406,10' NO CAP
HIGHWAY 20 RIGHT-OF-WAY
NOqOES:
0 100 200
SCALE IN FEET
CURVE DELTARADIUS LENGTrl CHORD BEARING
C-1 43'09'07" 830.08' 625,17'610,50'N84'OT14*%
C-2 40'22'17" 905,37' 637,95'624,82'S53'56'47"E
C-3 15'04'47" 830.08' 218.47'217.84'N70'OS'O4"E
C-4 06'58'12~ 850.08' 100,98'100.92'NB1'OR'33"E
C-5 06'54'26" 830,08' 100,07'100,01'N68'O2'52"E
C-7 07~4'55" 830.08' IQ5,02'104.95'S77'55'40"E
C-8 02'50'4T' 905,37' 44.98' 44,97' S72'42'31"E
C-10 12'01'36"905.37' 190,04'189.69'S60'49'44"E
C-ll 21'03'18"905.57' 532,70'330,83'S44'17'17"E
C-12 69'58'57"65.00' 79,59' 74,55' N26'22'45"E
C-15 58'00'00" 133.24' 134,88'129,19' S62'09'33"E
C-16 58'00'05" 83.24' 84.27' 80.71'N62'O9'50"W
0-18 11'56'41"119,$2' 24.88' 24.83'S39'07'50"E
C-19 46'03'22"119*32* 95.91' 95.55'S68'07'52"E
C-20 30'29'27"169.52' 90.11' 89.05'N75'54*49~W
C-21 57'25'10"I0,00' 10.02' 9,61' N60'OT54"£
C-22 77'~5'38"55,00' 74,17' 68.67'NRO'OS'O5"E
C-23 70'09'55~55,00' 67.35' 63.22'836q4*I9"E
C-24 70'09'33"55.00' 67,55' 65.22'S53'55'13"W
C-25 7T15'48" 55,00' 7437' 68,87'N72'22'O6"W
C-26 5T24'46" lO,OO' 10.02' 9.61' N62'26'55"W
UNE BEARING DISTANCE
L-6 N 88'50'27' E 49.56'
L-2 N 88'50'27" E 10L58'
L-5 S ~0'09'05" E102.99~
L-4 N 79'50'55~ E40.00'
L-5 N 88'50'27' E1409'
PUBLIC UllUI'¢ EASEMENT OERNED (U.E.}
AN UNOBSTRUCTED EASEMENT FOR ~E
FINAL PLAT
IN THE CITY OF DUBUQUE, IOWA
IIF/ 'EN NEE S
~J' SURVEYORS ~.c.
Dubuque !A 52801-4884
Phm'e: 319-589~4210
Fax: 3! 9-589~4149
Canmt~opa~ Use Perm,!
AppeaJ
Spec.;ai F_.xcepdon
Limited Setoack Waiver
PLANNING APPLICATION FORM
~ Simp!e SL~e Plan
c Mro' Si:e P!an
~ M=-i,:, Site P;aa
m Meier Fir'ai PGa;
m S:mp;e SubdMs(o~
Tempcrs3* Use Permit
Certificate of Ecomomic Hardship
Otaer:
PLEASE TYPE OR PRINT LEG;BLY IN INK
Prope~/Owner.s) .'~'.d_._>/
Appiican:/Agem. Phone:
ADdress: City,: State: ..... Zip;
Fax Nuraber: Mobite/Cei,'.~aF N, urnber:
t/we, the unders;~fled, do hereby ce~i,~/that:
I The infcrmst~oa submi~ed here:n is ~raJe =~a r ..... t + t = ' .... '
2, Fees are no~ .efsndab.e and pavmen~ does ssi gu'arantee asa:cyan: and
FOR OFFICE USE ONLY- APPLICATION SUBt'~ITTAL CHECKLIST
Property ownership '/st rJ Site/sketch pien a Floor plaq '~iat D Conceptual
SUBDIVISION STAFF REPORT
Project Name:
Property Owner:
Applicant:
Zoning Agenda: August 2, 2000
Final Plat - West End Commemiat Subdivision
Tschiggfrie Excavating Company
Edward D. Tschiggfrie
Number of Lots: 14
Acreage in R.O.W. .78 acre
Total Area: 21.89 acres
In City: Yes
In 2-Mile Area: N/A
Flood Plain: Yes
Proposed Land Use:
Existing Land Use:
Adjacent Land Use:
Commercial
Vacant
North - Vacant/commercial
East - Vacant
South - Commercial
West - Commercial
Density Allowed: I per 6,000
Commonly owned lots: None
Sanitary Sewer: Yes
Water: Yes
Storm Sewer: Yes
Existing Street Access: Yes
Proposed Zoning: CS
Existing Zoning: CS
Adjacent Zoning: North - PUD/CS
East - AG
South - C-3
West- CS/PUD
Physical Characteristics: The subject property is located at the end of Menard Court
and is relatively fiat and a portion of the property is within the 100-year flood plain of
the Caffish Creek.
Proposed Phasing: None.
Previous Conditions of Zoning or Plats: None.
Dedication of Open Space or Public Amenities: None.
Proposed Streets and Grades: Menard Court .5 - 3%
Recommended Motion: Motion to approve the final plat of West End Commercial
Subdivision as it is in substantial compliance with the City of Dubuque Subdivision
regulations.
Conformance with Comprehensive Plan: The 1995 Comprehensive Plan did not
designate the subject area.
Impact of Request on:
Utilities: Existing utilities are sufficient to handle the proposed development and
can be extended to serve the proposed lots.
SUBDIVISION STAFF REPORT Page 2
Traffic Patterns: Menard Court is built as a collector street; however, there are no
vehicle tdp counts available.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticipate any adverse impacts to the environment
provided erosion control is provided during all phases of construction. Staffwould
also note that portions of the subject lots are encumbered by the 100-year flood
plain for the Caffish Creek.
Adjacent Properties: Staff does not anticipate any adverse impacts to adjacent
properties as the request is to subdivide existing property that has already been
zoned for commercial service and general commercial uses.
Staff Analysis: The submitted final plat of West End Commercial Subdivision further
subdivides two existing lots at the end of Menard Court. As part of the plat, Menard
Court will be extended as shown on the final plat and dedicated to the City of Dubuque.
The submitted final plat does provide for storm water detention and a portion of the
property lies within the 100-year flood plain of the Catfish Creek.
The subject parcel is a total of approximately 22 acres and is being subdivided into 14
lots, one of which is to be used for a storm water detention basin. The applicant is
asking the Zoning Advisory Commission to waive frontage requirements for Lot B which
will contain the detention basin and thus is not a buildable lot. Lot 7 has frontage on
U.S. Highway 20; however, no access can be granted to the highway. Lot 7 is basically
unbuildable because it is within the flood plain of Caffish Creek. All other lots have
frontage on Menard Court.
Staff recommends that as the submitted final plat is in substantial compliance with City
of Dubuque Subdivision Regulations, the Zoning Advisory Commission recommend
approval of the final plat of West End Commercial Subdivision.