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Plat of Survey of Shagbark Estates Plat 3Copyrighted December 19, 2022 City of Dubuque Consent Items # 012. City Council Meeting ITEM TITLE: Plat of Survey of Shagbark Estates Plat 3 SUMMARY: Zoning Advisory Commission recommending approval of the Plat of Survey of Shagbark Estates Plat 3. RESOLUTION Approving the Plat of Survey of Shagbark Estates Plat 3, City of Dubuque, Dubuque County, Iowa SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type ZAC Letter to Council Supporting Documentation Resolution Resolutions Plat of Survey Shagbark Estates Plat 3 Supporting Documentation Application Supporting Documentation Staff Report Supporting Documentation Vicinity Map Supporting Documentation Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityof dubuque.org THE COF DUi! B E Masterpiece an the Mississippi The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13t" Street Dubuque IA 52001 Applicant: Jim and Janet Kress Location: Barnwood Lane/Rustic Point Lane, PIN 1009301021 Description: Plat of Survey of Shagbark Estates Plat 3 Dear Mayor and City Council Members: Dubuque 2007,2012.2013 2017*2019 December 8, 2022 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 Dave Schneider, Schneider Land Surveying, spoke on behalf of the applicant in favor of the request. He noted this lot was annexed into the City along with the Rustic Point Subdivision and fronts along Barnwood Lane which serves the subdivision. He stated the property owner desires to subdivide the site and develop the three lots for single-family residential construction, similar to the other lots in the subdivision. Staff reviewed the staff report, noting the submitted Plat of Survey of Shagbark Estates Plat 3 is a Minor Subdivision creating three lots from the existing lot. Staff noted the lots would meet Unified Development Code bulk regulation requirements within in R-1 Single - Family residential zoning district and the proposed land use of single-family residential would be in keeping with the comprehensive plan and future land use map. There were no public comments. The Zoning Advisory Commission discussed the request and found it appropriate. Recommendation By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Council to approve the request. Service People integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 Respectfully submitted, Matt Mulligan, Chairpetso Zoning Advisory Com ' ' sion Attachments cc: Jim & Janet Kress, 22514 Finleys Landing Road, Sherrill, IA 52073 Dave Schneider, Schneider Land Surveying, PO Box 128, Farley, IA 52046 Service People Integrity Responsibility Innovation Teamwork Prepared by: Wally Wernimont, City Planner Address: City Hall 50 W. 131h St (563) 589-4210 Return to: Adrienne Breitfelder, City Clerk Address: City Hall, 50 West 1311 St (563) 589-4121 RESOLUTION NO. 384-22 A RESOLUTION APPROVING THE PLAT OF SURVEY OF SHAGBARK ESTATES PLAT 3, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey of Shagbark Estates Plat 3, in the City of Dubuque, Dubuque County, Iowa; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said 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 the Plat of Survey of Shagbark Estates Plat 3, City of Dubuque, 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 Plat of Survey. Passed, approved and adopted this 1911 day of December, 2022. . •M,;o*kQgh, Mayor ATTEST: By: "'� 64L4 Adrienne N. Breitfelder, City Clerk RECORDER'S INDEX LOCATION: LOT A IN SHAGBARK ESTATES PLAT 2, CITY OF DUBUDUE, DUBUDUE COUNTY, IOWA REDUESTOR: JAMES F. KRESS PROPRIETOR: JAMES F. KRESS AND JANET M. KRESS SURVEYOR: DAVID P. SCHNEIDER SURVEYOR SCHNEIDER LAND SURVEYING COMPANY: AND PLANNING,INC. RETURN TO: DAVID P. SCHNEIDER P.O.BOX 128 FARLEY,IOWA Ph#553-744-3631 daves@yousq.net o PLAT OF SURVEY °D SHAGBARK ESTATES PLAT 3, CITY OF DUBUDUE, DUBUDUE COUNTY, IOWA LOT A IN SHAGBARK ESTATES PLAT 2, CITY OF DUBUDUE, DUBUDUE COUNTY, IOWA o C1 cU N89 '27' 22"W A-15.59' 35.80' S44'07'550E Ch-14.06' ul A- 89021'07" J RUSTIC POINT LANE (500) R-io.00' a N S00'32'38"W S88'48'29"E 0 40.36' 118.12' c� a NW LOTCARNER, f 10' PUBLIC Cl SHAGBARK / uTILIrY I I Cl EASEMENT ESTATES PLAT 2 FOUND 1/2" If I LOT 1 Im REBAR w/ YELLOW 0.2902 ACRES O CAP #14417 rn Co z 10' PUBLIC Im EXISTING lz5z' w UTILITY 10' PUBLIC �I 5' EASEMENT UTILITY EASEMENT `pT 6. TESpS. 1l7 w L SNA UBAP OUNTVA WA ICU puBup m J F 1 m a CuCU n p SURVEY DESCRIPTION — ; o� LOT 2 to SHAGBARK ESTATES PLAT 3, CR m MI 0.2732 ACRES Ia. m W CITY OF DUBUDUE, N °' a LOT A, m • z DUBUDUE COUNTY, IOWA m o SHAGBARK Cu p cu ESTATES PLAT 2 • J LOT A IN SHAGBARK ESTATES o 5' o PLAT 2, CITY OF DUBUDUE, N — C C3 a•ol42 DUBUDUE COUNTY, IOWA 10oO �o GQ5 SET 1—// 3C PJyS�P�� REBAR/w/ I LOT 3 o cc YELLOW CAP 0.2732 ACRES to #14417 (TYP.) m Im m 0.8366 TOTAL AREA rn 10 SANITARY SW CORNER, SEWER EASEMENT LOT A, �I SHAGBARK —� ESTATES PLAT 2 7' 1 " SICKLE FOUND 1/2"w —127.98 — �— LANE (50' ) REBAR w/ YELLOW I 3 CAP #14417 OD OI SHAOGeARK m0 LOT 27, SE CORNER, (Ot9 ESTATES PLAT 2 I NO RUSTIC POINT LOT 6, mm fn� ESTATES SHAGBARK ESTATES o m M FOUND 1/2" o EXISTING I o SW CORNER, LOT 1, REBAR w/ YELLOW o' PUBLIc Z I 5� uTILITv m SHAGBARK ESTATES CAP #12631 L 5 EASEMENT PLAT 2 J FOUND 1/2" N00'32'38"E� REBAR w/ YELLOW 3.34' r CAP #14417 I hereby certify that this land surveying document was SCHNEIDER \`y�\LAND `SGGG,O prepared and the related survey work was performed by me or under my direct personal supervision and that Land Surveying Af I duly lice nd Surveyor under the laws of & 9� a st to of I Planning, Inc. ff � DAVID P. < = * P.O. Box 120 " SCHNEIDER 0� Farley, Iowa 52046 P14417 a = Z'7 ZZ Phf y63-744-3631 D P. Schneider P.L.S. P14417 ate: daves@yousq.net My license renewal date is December 31, 2023. Pro act: 2277FP3 0jwimnmumianM "p°\\ Surve Date: 10 20/20 Pages or sheets covered by this seal: THIS SHEET ONLY d22 Sheet: i of 4 Sheet 2 of 4 Iowa OWNER'S CONSENT P030 a The foregoing plat of Shagbark Estates Plat 3, City of Dubuque, Dubuque County, Iowa, is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. James F. Kress Janet M. Kress State of Iowa ) ) ss: County of Dubuque ) On this day of 2022, before me, a Notary Public in and for said State, personally appeared James F. Kress and Janet M. Kress, to me personally known, who being by me duly affirmed did say that they, said James F. Kress and Janet M. Kress, acknowledged the execution of said instrument to be their voluntary act and deed voluntarily executed. Notary Public in the State of Iowa My Commission Expires MORTGAGE HOLDERS ACKNOWLEDGMENT The undersigned for of , State of Iowa, do hereby certify that the attached plat of Shagbark Estates Plat 3, City of Dubuque, 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 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 3 of 4 CITY OF DUBUQUE ZONING ADVISORY COMMISSION Dubuque, Iowa 2022 The foregoing plat of Shagbark Estates Plat 3, City of Dubuque, Dubuque County, Iowa, being within the 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 DUBUQUE CITY COUNCIL Dubuque, Iowa 2022 The undersigned, Mayor and Clerk of the City of Dubuque, Dubuque County, Iowa do hereby certify that the foregoing plat of Shagbark Estates Plat 3, City of Dubuque, Dubuque County, Iowa, has been filed in the Office of the Clerk of the City of Dubuque, Iowa and that by Resolution No. the Dubuque City Council approved said plat. Brad Cavanagh Mayor of the City of Dubuque Adrienne N. Breitfelder Clerk of the City of Dubuque State of Iowa ) ) ss: County of Dubuque ) On this day of , 2022, before me, a Notary Public in and for the State of Iowa, personally appeared Brad Cavanagh and Adrienne N. Breitfelder, 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 said City of Dubuque, Iowa, by authority of the City Council of said City of Dubuque, and 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. Notary Public in and for the State of Iowa My Commission Expires CITY ASSESSOR Dubuque, Iowa The forgoing plat was entered of record in the office of the Dubuque City Assessor this day of 2022. City Assessor of Dubuque, Iowa Sheet 4 of 4 ATTORNEY'S OPINION 1, , a practicing attorney at law in (city) Dubuque County, Iowa have examined the abstract of title to the land included within Shagbark Estates Plat 3, City of Dubuque, 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 , 2022, 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 the James F. Kress and Janet M. Kress. Dated at Iowa in said County, this day of 2022. Signature Attorney at Law Name COUNTY TREASURER Dubuque, Iowa num 2022 I, the undersigned, , Treasurer of Dubuque County, Iowa do hereby certify that all taxes and special assessments levied against Shagbark Estates Plat 3, City of Dubuque, Dubuque County, Iowa, have been paid and said real estate is free and clear of all taxes as of this date. County Treasurer of Dubuque County, Iowa 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. County 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 Dubuque— T 4E CITY OF 111hrfili City of Dubuque n-r�o� ning Services Department DUB E i i, NOV 0 3 2022 Dubuque, IA 52001-4845 Phone: 563-589-4210 CITYOFDUBUOUE Fax: 563-589-1221 z000z3 Masterpiece on the Mississippi 2017*207.2019 PLANNING SERVICES DEPAHTMENT anninQ2dtvofdubuque.orq APPLICATION• Zoning Advisory Zoning Board of Development Services Historic Preservation Commission Commission Adiustment ❑ Annexation El Demolition ❑ Amended PUD ❑ Conditional Use Permit ❑ Limited Setback Waiver ❑ Historic Revolving Loan ❑ Rezoning/PUD/ID ❑ Special Exception ❑ Site Plan Simple ❑ Certificate of Economic Non -Viability ❑ Text Amendment ❑ Variance ❑ Site Plan Minor ❑ Design Review Certificate of ❑ Simple Subdivision ❑ Appeal ❑ Site Plan Major Appropriateness ❑ Preliminary Plat ❑ Simple Subdivision ❑ Advisory Design Review (Public ❑ Major Final Plat ❑ Temporary Use Permit Projects) B Minor Final Plat ❑ Port of Dubuque/ ❑ Historic Designation: ❑ Waiver from Site Chaplain Schmitt Island Design Standards Design Review A. Property Information Site Location/Address: &rywooj Lime `-Kush C Y1)1- Legal Description/Parcel ID#/Subdivision: Uuv- Existing Zoning: Proposed Zoning: Historic District: Site Area (square feet/acres): Landmark: ❑ Yes ❑ No B. Describe proposal and reason for application (attach a letter of explanation, if necessary): C. Information Name: rt 4J eM Phone:: (50-9q I ©o�Iq Address: �I �JC I q rF1 I� LY'S � cnG f%Q City: Stater Zip: 5_20= Email: Kress 7lo 10,aol. wrw') D. Property Owner(s) Information )) 9p crp Name(s): t -T0. 6S Phone: 1512''Vnn 511Y 1 —0� I q Address: Will Fl"n"S LO C r1 /� City: I1 c.K.h111 Stater Zi. 2D— 3 Email: i KM5$ 1 �y 11�6(L1COn'1 E. Certification: I/we, the undersigned, do hereby certify/acknowledge that: 1. Payment does not guarantee approval and fees are nonrefundable; 2. All additional required written and graphic materials are attached; 3. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants; and 4. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record. Applicant/Agent: Property Owner(s): Fee $17—qO Ck# 02� Date: Date: THE C DUUB---&-FE Masterpiece on the Mississippi TO: Zoning Advisory Commission FROM: Travis Schrobilgen, Assistant Planner DATE: December 7, 2022 RE: Plat of Survey of Shagbark Estates Plat 3 Dubuque NFAWea Ny I I 2007-2012.2013 2017*2019 INTRODUCTION The submitted Plat of Survey of Shagbark Estates Plat 3 proposed to subdivide an existing property into three lots to facilitate the construction of single-family homes. The subject property is located at the intersection of Barnwood Lane and Rustic Point Lane adjacent to the Rustic Point Estates subdivision within the City limits. The lot is currently vacant. 40, 36 i i $ ., NW CORNER,—� f LOT A. 10• PUBLIC f SHAGBARK UTILITY EASEMENT ESTATES PLAT 2 FOUND 1/2" 'D LOT i REBAR w/ YELLOW CAP #14417 rn 0,2902 ACREScri iOUTILITYC ~7 (» —EXISTING u EASEMENT �' f 10 UTILITY PUBLIC 6. DES in< u, L" EASEMENT GOT SKpGB�+�d��yTyA IpWA to - �..... - pUBUpU1 F CM 0 AIPTION — o LOT 2 ��' 3 TATES PLAT 3. N; m I 0. 2732 ACRES I a UDUE. is °' LOT A. Cn m NTY. IOWA' SHAGBARK m � RK ESTATES N 5 • ESTA7E5 PLAT 2 + . J DUBURUE, G I OWASET REBAR/w/ - LOT 3 cc YELLOW CAS' 0 0.2732 ACMES a � T #14417 (TYP.) co SW CORNER,--,. LOT A. 10' SANITARY — grWER EASEMENT SHAGBARK ESTATES PLAT 2 11 _ 7 -127.98 �- --� FOUND 1/2" LAN Staff Memo — Plat of Survey of Shagbark Estates Plat 3, Dubuque, IA DISCUSSION The property owner is proposing to the subdivide the existing approximately 36,000 square foot (.8 acre) property in order to create lots for future residential development. All of the lots are located in an R-1 Single -Family Residential zoning district. The Unified Development Codes classifies the proposed plat as a Minor Subdivision' for which the Zoning Advisory Commission and City Council are the reviewing authorities. The Zoning Advisory Commission shall review the plat to determine whether it is in substantial conformance with the Unified Development Code (UDC) and has the authority to waive bulk regulations, when applicable. Each lot has approximately 10,000 sq. ft. of area where 5,000 sq. ft. is required and have at least 93' of frontage, where 50' of frontage is required. All three lots will be in substantial conformance with the UDC bulk regulations outlined in the R-1 Single -Family Residential zoning district. Water and sanitary sewer connections are available along Barnwood Lane. The proposed subdivision is consistent with the City's Comprehensive Plan which identifies the future land use for the subject site as Single -Family Residential. As requested, the proposed subdivision should have little effect on the status of the subject lots or surrounding properties and will comply with all aspects of the City of Dubuque's subdivision regulations contained in the Unified Development Code and the land use goals within the City's Comprehensive Plan. RECOMMENDATION Planning staff requests that the Zoning Advisory Commission review the Plat of Survey of Shagbark Estates Plat 3 and recommends approval of the plat as it is in compliance with the Unified Development Code. Enclosure The Unified Development Code Chapter 11 defines a Minor Subdivision as `Any subdivision or consolidation of property in which no new streets, public or private, are proposed and which does not require the construction of any public improvements, and which creates three or more lots. " 2