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Plat of Survey of Kane Business Park Plat 2City of Dubuque City Council Meeting Consent Items # 013. Copyrighted December 19, 2022 ITEM TITLE: Plat of Survey of Kane Business Park Plat 2 SUMMARY: Zoning Advisory Commission recommending approval of the Plat of Survey of Kane Business Park Plat 2. SUGGESTED DISPOSITION: ATTACHMENTS: Description ZAC Letter to Council Final Plat Resolution Application Staff Report Site Layout Map Vicinity Map RESOLUTION Approving the Final Plat of Kane Business Park Plat 2, in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Type Supporting Documentation Supporting Documentation Resolutions Supporting Documentation Supporting Documentation Supporting Documentation 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@cityofdubuque.org THE CF DIUj___B E Masterpiece on the Mississippi The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Applicant: Dave Schneider, Schneider Land Surveying & Planning Location: 14868 West Ridge Lane Description: Plat of Survey of Kane Business Park Plat 2 Dear Mayor and City Council Members: Dubuque �II•Aneiiq ®q wnxuE nr.ic II 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 The applicant spoke in favor of the request, noting the property is within the City's two- mile Extraterritorial Jurisdiction (ETJ). He explained that the lot to be created does not have frontage along a private or public street. He explained the business circumstances leading to this plat and that the lot is being sold to Kordell, who also owns the lot to the south of Kane Business Park. He noted that he's worked with the County and the City to prepare the easement over the proposed Lot 2 for Lot 1. Staff reviewed the staff report, noting the submitted Plat of Survey of Kane Business Park Plat 2 is in the City's ETJ and is coming to the ZAC because it is creating a substandard lot with no street frontage. He noted that an access easement connects the substandard lot to West Ridge Lane over Lot 2 and that Commissioners are being asked to consider waiving the requirement for lot frontage. There were no public comments. The Zoning Advisory Commission discussed the request, and were satisfied when seeing the location of the proposed easement identified on the proposed plat. 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: Dave Schneider, PO Box 128, Farley, IA 52046 Tom Kane, 14858 West Ridge Lane, Dubuque, IA 52003 Service People Integrity Responsibility Innovation Teamwork RECORDER'S INDEX ,LOCATION: LOT 1 OF KANE BUSINESS PARK, DUBUQUE COUNTY, IOWA REOUESTOR: THOMAS P. KANE PROPRIETOR: THOMAS P. KANE AND JULIE M. KANE, TRUSTEES OF THE THOMAS P. KANE AND JULIE M. KANE REVOCABLE TRUST 2017 SURVEYOR: DAVID P. SCHNEIDER SURVEYOR SCHNEIDER LAND SURVEYING COMPANY: AND PLANNING,INC. RETURN TO: DAVID P. SCHNEIDER P.O.BOX 128 FARLEY,IOWA Ph#563-744-3631 daves@yousq.net FINAL PLAT KANE BUSINESS PARK PLAT 2, DUBUQUE COUNTY, IOWA LOT I OF KANE BUSINESS PARK, DUBUQUE COUNTY, IOWA p pNE P ACE ZFP�114, E 112 FP�9l J NW CORNER AN NW LOT 1, KANE SEG •� l!J CD(BUSINESS PARK EXISTING G FOUND 1/2" BUILDING 3 REBAR w/ YELLOW CC CAP #14417 ACCESS & UTILITY EASEMENT 10' WIDE SEE DEETAIL ON SHEET 2 FOUND N AIL:y� 2209 r IN ASPHALT CORNER OF 0 3.25 1 BUILOTNG i53.25-� O 1 FROM Th/ UTILITY LDi uNr a LUT a ~ EASEMENT 171.33 ,0.348 ACRES U) .1"E tJ1 tP EXISTING LU 12' WIDE Nj7'00'0 i ww BUILDING S89'46'01'E 201 16' 5' 1vn y NE CORNER LOT 1. KANE BUSINESS PARK FOUND 1/2" REBAR FOUND MAG- S89'35'58'E NAIL IN 56.14' HOPE PIPE_ / \ O . = AC YE EpSEMENj UTILIT 18'55„E N7 131.93 Z �N P� EXISTING ,+W ..BUILDING 1%, f � 33.00 — 83.92' 84.24' — — — — — — — ';N ✓ i rn m ! .p6 °oe UTILITY Nip s3.E N in S EASEMENT ` 79 22 � g11.72 m m 20' WIDE SET MAG ` Z NAIL (TYP. ) (O w J w j 1. PAPK EXISTING LOT 2 26. Wow Nil -, i ' {-E. -'s � � 4`� �' Cu 3 N �otNEss BUILDING 3.252 ACRES TOTAL in o, KANE 0US 0.160 ACRES ROAD W R 9 0 00 V �I• 3.092 ACRES NET 1 ACCESS & z � ' / UTILITY o EASEMENT ^P� ��a W 33.00' r - - - - - - - - -L�� 26' WIDE _ � — - fn� j MCI ACCESS AND UTILITY EASEMENT (26') .v P \--ACCESS & UTILITY EASEMENT 6.6' WIDE I}!STING UUILDING N89'43' 31' 4.07' oin ^� sT GN N89'45' 3B'W 144. SB' 72 9 ' s. N7 25 50 3 E 209 ? z z S00'14'22'W glA�2 'o FOUND 1/2" 2g0 0 33.00' 30.50' s. REBAR 7 .W SEEJ �N 9'45'38'WFOUND MAG N"i0, / .p5h� DETAIL I 114.38' NAIL (TYP. ) oS z. PARK 26 g0A ' B ' ON KANE e-SINESs eti' SHEET 2 .. I EXISTING / V BUILDING - g9 /FOUND 1/2" N e' REBAR w/ Z N YELLOW CAP I ONW pp� FP�i)4 #14417 (TYP.) PIPE m NWI SEp?.igBN. P2E _. A15 A3 �pSW FP`,/ F,P`, p po to Elio SEC1TQt8 N PZE Enz SW CORNER LOT 2, KANE BUSINESS PARK FOUND 1/2" REBAR w/ YELLOW CAP #14417 TOTAL AREA 3.600 ACRES TOTAL 0.160 ACRES ROAD 3.440 ACRES NET SURVEY DESCRIPTION: SEE SHEET 2 a@0a 0 LAND 616'ek 0� q� 2 chi DAVID P. J SCHNEIDER 0 P14417 y%e,,,.. IOWA o, GRAPHIC SCALE 1"=70' i 0 70 140 210 I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. David P. Schneider P.L.S. P14417 Date: My license renewal date is December 31. 2023. Pages or sheets covered by this seal: THIS SHEET ONLY SET 1/2" REBAR w/ YELLOW CAP #14417 SCHNEIDER Land Surveying Planning, Inc. P.O. Box 12B Farley Iowa 52046 Ph# 563-744-3631 daves@yOUaq.net DETAIL 'A' 0 NW FP1/q E iN/N� NFP0/ ;A,26 EXISTING EGWE 156N. BUILDING S PLAT OF SURVEY: SEE SHEET 1 ACCESS & UTILITY EASEMENT 10' WIDE ; 0, 2 y�j�6 All 1� 33 •E / EZoEy1IDE ACCESS & UTILITY EASEMENT \ 6L 5 LOT 2 N 13.1927"W� 33 30. ' `7 •02 0 0 /•5 NO PIN N62 SET (TYP. ) LOT i'' J V• DETAIL 'B' EXISTING 1` BUILDING..- .. - rn LOT 2 N89043'31'W� 4.07' ib'49p . �CCES pSEMENj 9 SO ASET NAILr(AG TYP.) FOUND NAIL Z IN ASPHALT 3.2 to 1 1 mW EXISTING 1 1� J BUILDING 4 ACCESS & 1 UTILITY EASEMENT 6.6' WIDE SURVEY DESCRIPTION - KANE BUSINESS PARK PLAT 2. OUBUOUE COUNTY. IOWA LOT i OF KANE BUSINESS PARK. DUBUOUE COUNTY. IOWA FINAL PLAT KANE BUSINESS PARK PLAT 2, DUBUQUE COUNTY, IOWA LOT 1 OF KANE BUSINESS PARK, DUBUQUE COUNTY, IOWA i SCHNEIDER Land Surveying Planning, Inc. P.O. Box 128 Earle yy Iowa 52046 Ph# 563-744-3631 daves@yousq.net Sheet 3 of 6 Iowa OWNER'S CONSENT 2022 The foregoing plat of Kane Business Park Plat 2, 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. State of Iowa plli County of Dubuque Thomas P. Kane and Julie M. Kane, Trustees of The Thomas P. Kane and Julie M. Kane Revocable Trust 2017 Thomas P. Kane, Trustee Julie M. Kane, Trustee On this day of , 2022, before me, a Notary Public in and for said county, personally appeared Thomas P. Kane, Trustee and Julie M. Kane, Trustee to me personally known, who being by me duly affirmed did say that they said Thomas P. Kane, Trustee and Julie M. Kane, Trustee, 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 Kane Business Park Plat 2, 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. 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 the State of Iowa My Commission Expires Sheet 4 of 6 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 Kane Business Park Plat 2, 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 Thomas P. Kane and Julie M. Kane, Trustees of The Thomas P. Kane and Julie M. Kane Revocable Trust 2017. Dated at , Iowa, in said County, this day of '2022. Signature Attorney at Law Name (printed) Address Phone number COUNTY TREASURER Dubuque, Iowa 2022 I, the undersigned, Treasurer of Dubuque County, Iowa, do hereby certify that all taxes and special assessments levied against Kane Business Park Plat 2, 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 Sheet 5 of 6 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 COUNTY PLATS OFFICER Dubuque, Iowa 2022 I, , the Dubuque County Plats Officer, have received and examined the foregoing plat of Kane Business Park Plat 2, 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 DUBUQUE COUNTY BOARD OF HEALTH Dubuque, Iowa ,2022 The forgoing plat of Kane Business Park Plat 2, 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 I, , the Dubuque County Engineer, have received and examined the foregoing plat of Kane Business Park Plat 2, 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 Sheet 6 of 6 DUBUQUE COUNTY PLANNING AND ZONING Dubuque, Iowa The forgoing plat of Kane Business Park Plat 2, 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. P0104'a Dubuque County Planning & Zoning Commission Chairperson DUBUQUE COUNTY BOARD OF SUPERVISORS Dubuque, Iowa 20 The Dubuque County Board of Supervisors of the County of Dubuque, Iowa, do hereby certify that the foregoing plat of Kane Business Park Plat 2, 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 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 , 20. 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 , 20_ Recorder of Dubuque County, Iowa CITY OF DUBUQUE ZONING ADVISORY COMMISSION Dubuque, Iowa 2022 The foregoing plat of the Kane Business Park Plat 2, 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 Dubuque, Iowa 14*14 The undersigned, Mayor and Clerk of the City of Dubuque, Dubuque County, Iowa do hereby certify that the foregoing plat of Kane Business Park Plat 2, 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 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 13'h St (563) 589-4121 RESOLUTION NO. 385-22 A RESOLUTION APPROVING THE FINAL PLAT OF KANE BUSINESS PARK PLAT 2, IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Kane Business Park Plat 2, Dubuque County, Iowa that is within the City's 2-mile extraterritorial jurisdiction; and Whereas, said Final Plat provides 0 feet of frontage for Lot 1 on a public or approved private street, where street frontage is required by Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Final Plat 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 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 0 feet of frontage for Lot 1 on a public street or an approved private street. Section 2. That the Final Plat of Kane Business Park Plat 2, in 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. Final Plat of Kane Business Park Plat 2 Page 2 Passed, approved and adopted this 19th day of December 2022. Brad .A . • • ATTEST: Adrienne N. Breitfelder, City Clerk Dubuque TFIE C� � � �� n� City of Dubuque uuci� �v Planning Services Department DUUB-*TE �I �� Dubuque, : 3-589-4845 Phone: 563-589-421Q zooz.zo�rzoi3 NOV 2U22 Fax: 563-589-4221 Mastelprece em the MlssissiPPI 2017.2014 Tannin ci ofdubu ue.or 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) ❑ Minor Final Plat ❑ Port of Dubuque/ ❑ Historic Designation: ❑ Waiver from Site Chaplain Schmitt Island Design Standards Design Review Please complete the applicable sections below. Please type . print A. Property Information Site Location/Address: 14868 West Ridge Lane Legal Description/ Parcel ID#/Subdivision: 1507176010 Existing Zoning: County zoning proposed Zoning: County zoning Site Area (square feet/acres): Proposed Lot 1 = .348 acres Historic District: N/A Landmark: ❑ Yes ❑X No B. Describe proposal and reason for application (attach a letter of explanation, if necessary). - Simple Subdivision in which proposed Lot will not have the UDC required 50' of street frontage, thereby requiring review 15y the Zloning Advisory Commission an Uly Council.- C. Applicant/Agent Information Name: Dave Schneider Address: P.O. Box 128 State: A zip: 52046 D. Property Owner(s) Information Name(s): Tom Kane Address: 14858 West Ridge Lane State: A Zip: 52003 Email: daves@yousq.net Phone: 563-744-3631 City: Parley Phone: 563-556-2068 City: Dubuque Email: tkane@kaneappraisals.net 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 informati4submier in ' true and correct to the best of my/our knowledge and upon submittal becomes public record. Applicant/Agent: DaterProperty Owner(sDate: Fee $ n:4 ` k# 7-3i n THE CU�QTU DB Masterpiece on the Mississippi TO: Zoning Advisory Commission FROM: Jason Duba, Assistant Planner DATE: December 7, 2022 SUBJECT: Plat of Survey of Kane Business Park Plat 2 14868 West Ridge Lane, Dubuque County, Iowa Dubuque All -America City �I 2007.2012.2013 2017*2019 INTRODUCTION The subject property is an approximately 3.6-acre parcel that is irregular in shape. The property is improved with commercial and light industrial uses with multiple buildings and tenants. The property owner is seeking to create a new outlot on the proposed Lot 1. An existing detached building occupies part of the proposed Lot 1 (see Exhibit A attached). Lot 1 would be approximately 0.348 acres in area and would be accessed via an access easement extending from West Ridge Lane to the lot. DISCUSSION The Final Plat of Kane Business Park Plat 2 is located outside the City of Dubuque's city limits but within the two-mile Extraterritorial Jurisdiction (ETJ) boundary and is therefore subject to the City's Subdivision Development Regulations. The proposed Simple Subdivision' would create two lots on the property, Lot 1 and Lot 2. Lot 1 would be a 0.348-acre lot located in the northeast section of the property. Lot 2 would be comprised of the remaining portion of the property and would be 3.252 acres in area. Lot 2 will continue to have frontage along West Ridge Lane. Lot 1 however, will not have frontage along a private or public street and is therefore considered a substandard lot. Pursuant to the Unified Development Code (UDC) Chapter 11-14, all lots shall have frontage along a public street or an approved private street. Because the proposed Lot 1 will not have the required street frontage, the applicant is requesting a waiver of this bulk regulation requirement for Lot 1. Access to Lot 1 would be provided via an access easement extending from the western boundary of Lot 1 across Lot 2 to West Ridge Lane to the west. The UDC categorizes the proposed plat as a Simple Subdivision. Pursuant to UDC Chapter 11-7.3, the Zoning Advisory Commission and City Council are the reviewing authorities for a Simple Subdivision that requires 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 shall consider the waiver of the street frontage requirement. UDC Chapter 16-11-6 defines a Simple Subdivision as "Any subdivision or consolidation of property in which no new streets, public or private, are proposed, which does not require the construction of any public improvements, and which creates fewer than three lots." Staff Memo — Plat of Survey of Kane Business Park Plat 2 — Dubuque County, Iowa RECOMMENDATION Planning staff requests that the Zoning Advisory Commission review the Plat of Survey of Kane Business Park Plat 2 and recommends approval subject to waiving the street frontage requirement for Lot 1. Attachments Exhibit A - - 14836 , SOL- ■ "14NZ Li A Li Lot 1 of Kane Business Park Kane Business Park Parcels 14755- 2 4 E 14836 .J .. f 20 W 0 ry CO w T, wJA It f 1d744 .. Lot 1 of Kane Business Park Kane Business Park Parcels City of Dubuque, IA 14809 14931 14807 4873 10735 14800 10701 \ \ 14419 10661 10641 14836 • . i • • 14483 • • , • 14410 14868 • • • • 14755 / 14674 too Esri Community Maps Contributors, City of Dubuque, IA, Iowa DNR, 14819 OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NIPS, US Census Bureau, USDA, City of Dubuque, IA Vicinity Map 11\ DODGE ST q SwgRTFRiq Vicinity Map Applicant: Dave Schneider, Schneider Land Surveying & Planning Location: 14868 West Ridge Lane Request: Plat of Survey Description: Plat of Survey of Kane Business Park Plat 2 ® Subject property 0 125 250 0 Feet 1:4, 000 500 N A