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Approval of Plat of Survey Lot 1 & Lot 2 of Boys and Girls ClubCity of Dubuque City Council Meeting Consent Items # 09. Copyrighted April 17, 2023 ITEM TITLE: Approval of Plat of Survey Lot 1 & Lot 2 of Boys and Girls Club Place, 1299 Locust Street and 1257 Locust Street SUMMARY: Zoning Advisory Commission recommending City Council approval of a simple subdivision with a waiver of bulk regulations at 1299 Locust Street and 1257 Locust Street to allow a 0' side yard setback where a minimum 3' side yard setback is required in an OR -Office Residential zoning district. RESOLUTION Approving the Plat of Survey of: Lot 1 & Lot 2 of Boys and Girls Club Place in the City of Dubuque, Iowa SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type ZAC Letter to Council Staff Memo Application Supporting Documentation Vicinity Map Supporting Documentation Staff Memo Staff Memo Plat of Survey Lot 1 & Lot 2 of Boys and Girls Club Supporting Documentation Place Resolution Resolutions Planning Services Department Dubuque City Hall THE CF 50 West 13th Street Dubuque, IA 52001-4864 DUjB � �I(563) 1 " 589-4210 phone I (563) 589-4221 fax 2007-2012-2013 (563) 690-6678 TDD Masterpiece on the Mississippi 2017*2019 nlannina@citvofdubuaue.ore April 10, 2023 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13t" Street Dubuque IA 52001 Applicant: McKenzie Blau, O'Connor & Thomas / Boys& Girls Club of Greater Dubuque Location: 1299 Locust Street and 1257 Locust Street Description: To approve a simple subdivision with a waiver of bulk regulations to allow a 0' side yard setback where a minimum 3' side yard setback is required in an OR -Office Residential zoning district. 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. nicr,iccinn McKenzie Blau, 1000 Main St., and Craig Geiger, 137 N. Main St., represented the applicant. Ms. Blau noted that the Boy's and Girl's Club has been at this location for many years. She said the south property is 1257 Locust St., which the Boy's and Girl's Clubs owns and has used the building as administrative offices until recently. The offices have recently moved to the north property at 1299 Locust St., and they have a buyer committed to purchase 1257 Locust St. She said the properties are connected by an enclosed breezeway but access between the two would be blocked off. She concluded that they intend to reconfigure the property line to remove building encroachments and that they seek the waiver to allow 0' side yard setback where the breezeway is still connected. She also noted that there were utility and access easements included in the plat. Chairperson Mulligan asked if all relevant utility companies have been contacted about the easements. Craig Geiger, Origin Design, stated that they have worked with City and utility providers to create an access and utility easement, and that all utility companies are in alignment. Staff detailed the staff report and outlined the request stating the applicants are seeking to reconfigure the property to sell the 1257 Locust Street property. Staff showed the existing and proposed configuration of the lots and noted the proposed plat is considered a simple subdivision per the Unified Development Code, but the applicant is seeking a waiver from the side setback requirement and therefore the request requires Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 Zoning Advisory Commission and City City Water, Engineering, and Inspection approved the proposed configuration. There were no public comments. Council review. Staff concluded by stating that and Construction Services have reviewed and The Zoning Advisory Commission discussed the request and found it appropriate. Re a lation to i 'Advisory Commission recommends that the City Council approve the request a submitted. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Matthew Mulligan, Chairperson Zoning Advisory Commission Attachments cc: Tom Sullivan, Boys & Girls Club of Greater Dubuque, 1299 Locust Street, Dubuque, IA 52001 Service People Integrity Responsibility Innovation Teamwork Dubuque Y THE CITY OF :5,� City of Dubuque aftftclyFEB 2 7 2U23 Planning Services Department DT TR E 1' f I Dubuque, IA 3-589-4210 {.J JJ Phone: 563-5894210 loonzo13.2013 CITY OF )U8U PAITTtIEtii Fax: 563-589-4221 Masterpiece on the Mississippi 2017*2019 ptA11NINa SERYI olannina2obtafdubugue om APPLICATION• zoning Advisory Zoning Board of Develooment Services Historic Preservation Commission Commission Adiustment ❑ Annexation ❑ 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 ❑x 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 orprint legibly. A. Property Information Site Location/Address:1299 Locust Street & 1257 Locust Street Legal Description/Parcel ID#/subdivision: PIN 1024414008 & PIN 1024414004 Existing Zoning: OR/OR proposed Zoning: OR/OR 97 acres & 12 acres Historic District: Jackson Park Neighborhood Site Area (square feet/acres): ' Landmark: [-]Yes ® No B. Describe proposal and reason for application (attach a letter of explanation, if necessary): Requesting approval of a Simple Subdivision with a waiver of bulk regulations to allow a 0' side yard setback where a minimum 3' side yard setback is required in an OR -Office Residential zoning district. C. Applicant/Agent Information Name: Boys and Girls Club of Greater Dubuque/Atlorney McKenzie Blau Address: 1299 Locust St. State: IA Zip:52001 D. Property Owner(s) Information Phone: 563.557.8400 ext. 222 City: Dubuque Email: mblau@octhomaslaw.com Name(s): Boys and Girls Club of Greater Dubuque Address: 12J9 Locust St. State: IA Zip:52001 Phone: 563.585.0599 City: Dubuque Email: tsullivan@boysgirlsdubuque.com 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: M - X/31a Date: Property Owner(s):/ "�s ,.� Q Date: Fee$ 298ck# 105()y6 2/24/23 2-24-23 0 m7D City of D uq , 9� Vicinity Map 4,1 Applicant: McKenzie Blau, O'Connor & Thomas/ Boys & Girls Club of Greater Dubuque Location: 1299 Locust Street and 1257 Locust Street Request type: Simple Subdivision Description: To approve a simple subdivision with a waiver of bulk regulations to allow a 0' side yard setback where a minimum 3' side yard setback is required in an OR -Office Residential zoning. .� Subject Property 0 62.5 125 250 LqN\ Feet / V 1:1,500 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: March 29, 2023 RE: Plat of Survey of Lot 1 & Lot 2 of Boys and Girls Club Place City of Dubuque, IA INTRODUCTION The Plat of Survey of Lot 1 & Lot 2 of Boys and Girls Club Place proposed to reconfigure an existing property line located between the Boys & Girls Club of Greater Dubuque at 1299 Locust Street and a property directly to the south, 1257 Locust Street, which is also owned by the Boys & Girls Club of Greater Dubuque. Lot 1 is an approximately 42,000 sq. ft. site improved with the Boys & Girls Club facility. Lot 2 is an approximately 5,200 sq. ft. site improved with one half of a three -unit mixed -use building. The proposed plat is classified as a Simple Subdivision' plat pursuant to the City's Unified Development Code (UDC). The applicant is also seeking a waiver of bulk regulations to allow a 0' side yard setback where a minimum 3' side yard setback is required in an OR -Office Residential zoning district. DISCUSSION The proposed Plat of Survey of Lot 1 & Lot 2 of Boys and Girls Club Place impacts two existing lots located at 1299 Locust Street and 1257 Locust Street. Both lots are currently owned by the Boys & Girls Club of Greater Dubuque. Historically, they have utilized the building at 1257 Locust Street as their office space but are now seeking to relocate their offices to the larger facility building located at 1299 Locust Street and intend to sell the property at 1257 Locust Street. The buildings located on the subject properties are connected by an enclosed breezeway which the property owner plans to maintain but will construct an interior intermediary wall to provide separation. As proposed, the plat of survey intends to modify the shared property line between the two lots/buildings and as proposed would extend through the breezeway. Consequently, both Lot 1 and Lot 2 would have a 0' side yard setback and therefore a waiver of the 3' side setback requirement is being requested. The images below provide an overview of the existing and proposed lot configurations. 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 Lot 1 & Lot 2 of Boys and Girls Club Place sDUAUOUE •�5 IlSk 11 ��ti 1} r � a 1 Vr •t Lot 1 & Lot 2 of u 1 ' Boys and Girls Club Place % 0 % O L..I - Existing Lot 2 - Existing OU7UQUR Lot 1 & Lot 2 of u Boys and Girls Club Place A ti Lvt 1 -Proposed Lot 2 - Propose 2 Staff Memo — Plat of Survey of Lot 1 & Lot 2 of Boys and Girls Club Place Q 0' side yard setback r Proposed y Property Line View from Bluff Street The UDC categorizes the proposed plat as a Simple Subdivision. 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 has the authority to waive bulk regulations. RECOMMENDATION Planning staff requests that the Zoning Advisory Commission review the Plat of Survey of Lot 1 & Lot 2 of Boys and Girls Club Place and recommends approval as submitted subject to waiving the 3' side yard setback requirement. Enclosure 3 Index Legend Location: PART OF CITY LOTS 662, 662A, 663 & 663A CITY OF DUBUQUE DUBUQUE COUNTY IOWA Proprietor: BOYS AND GIRLS CLUB OF GREATER DUBUQUE Requestor: BOYS AND GIRLS CLUB Surveyor: CRAIG L. GEISER Surveyor ORIGIN DESIGN CO., 137 MAIN ST, STE. 100 Company. DUBUQUE, IOWA 52001-7677 PHONE: (563)556-2464 PLAT OF SURVEY LOT 1 & LOT 2 Off' BOYS AND GIRLS CLUB PLACE IN THE CITY OF DUBUQUE, IOWA SUR\/EYQE'S NOTE NORTH BOYS AND GIRLS CLUB PLACE GRAPHIC SCALE IS COMPRISED OF THE FOLLOWING LOTS: LOT 1-1 & LOT 2-1 OF CITY LOT 662, 0 50 100 CITY LOT 663A, AND THE SOUTH 2/5 OF CITY LOT 663, ALL IN THE CITY OF DUBUQUE, IOWA .t robs 1 =50' gyp( ro 1,5 0� 0 DRAWING MAY HAVE BEEN REDUCED I r 30 \ro 6 ro ��k� A E. OF FEETOFSMI./S CITY LOT 663 50' 64 C-7 W. 52 FEET OF S2/5 OF CITY LOT 663 E. 111 FEET OF 51/5 OF CITY LOT 663 RCN t 0. 0 0\ A 01, �A S66*1 3'33"W :,A LOT 1-1 OF 56.60 0_1\ -A Vz) CITY LOT 662 A 0 U% 0 00" S24*1 V1 YE Va- 15.23s S65*59'26"W LOT 2-1 OF 0 CITY LOT 662 78.08 0 01? G LP :�t?) gI V0K roOrt 001- agl�N NO. 0� C0 1 22*54'01 "E V * 18.89 kP 0� S65*35!0]:N ort �,Cl 5' LEGEND., e0l PROPERTY BOUNDARY try v��LOT/R. 0. W. LI N E SO vo �wll_ s66�P. P Nfl, o 1()l R.O.W. ♦ ." 'k RIGHT—OF—WAY C'\ FouNOD�DSA�RON/REBAR WITH NO CAP OR AS NOTED CO FOUND CUT "X0 0. �rb SET MAG NAIL 0 SET 5/8" IRON REBAR WITH YELLOW PLASTIC CAP NO. 21408 NOTE SOUTHEAST CORNER THIS SURVEY IS SUBJECT TO N.65' OF LOT 761 IN EASEMENTS, RESERVATIONS, A. McDANIELS SUBD. RESTRICTIONS, AND RIGHTS —OF —WAY OF RECORD AND NOT OF RECORD. I HEREBY CETIFY THAT THIS LAND SURVEYWAS .............. 0 W AND THE RELATED SURVEY WORK WAS PERFORMINGEDDOCUMENT BY ME OR UNDER MYPREPARED DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA, I ig or DATE OF SURVEY: ♦I CRAIG L. FOR ORIGIN DESIGN CO. JANUARY 26, 2023 z desijzn* TOTAL AREA SURVEYED: GEISER 21408 800 556-"91 odgindesignxwn 46,465 SQUARE FEET`ti CRAIG L. GEISER DATE DRAWN GSB/SAF PLAT NO. 25—IA-22 LICENSE NO. 21408 MY LICENSE RENEWAL DATE IS 12/31/2024 JDATECHECKED CG PROJ. 27 NO. 210 1L31--?3 SHEET 1 of 3 N L A 0 111111111111 SHEETS 1 THRU 3 P.'\22\119\DRA*NGS\SUR\CA22119 PLAT %"0o\l.\ PAGES OR SHEETS COVERED BY THIS SEAL -4 A r n 00 00 cz: 000 4 rn n amp r-o r7l Z 001 z a (AO Z> o ca 0 z ;o �50 -<,rzn C 2 0 z 0 rn > CD u > z >;u W rn z M P* Z IID 0 > KA-0 M;o r-I -A 0 4b, -00 01) 7- 0 .0 (:05- eoA 0.0 hw CN 0 -0-1 0 rn 'cA: 0 --j Z;o M 0 Z- >sn;u -< z a > 0 3: --4 rn 0 0 4 z (A ;u (/) m I - 00 0 0-9 .000, 0000* W191 r� 0 z 0 > < X > Z -r -" > "D 0 r m U) 0 > m z r— M X m 0 c 4�- 0 0 M 0 Sheet 3 of 3 SURVEYOR'S CERTIFICATE I, Craig L. Geiser, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the following real estate was surveyed and platted by me or under my direct personal supervision, To Wit: Lot 14 & Lot 2-1 of City Lot 662; the West 52 feet of the South Two -Fifths, the East 111 of the South Middle One -Fifth, the East 111 of the South One -Fifth of City Lot 663, and City Lot 663A, all in the City of Dubuque, Iowa. This survey was performed for the purpose of subdividing and platting said real estate henceforth to be known as LOT 1 & LOT 2 OF BOYS AND GIRLS CLUB PLACE IN THE CITY OF DUBUQUE, IOWA. Containing 46,465 square feet, more or less, and subject to easements, reservations, restrictions, and rights -of -way of record and not of record, the plat of which is attached hereto and made a part of this certificate. All monuments are placed or will be placed within one year from the date this plat is recorded. OWNER'S CONSENT Iowa 2023 The foregoing plat of LOT 1 & LOT 2 OF BOYS AND GIRLS CLUB PLACE IN THE CITY OF DUBUQUE, IOWA, is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. a State of Iowa ) ss: County of ) On this day of 2023, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and to me personally known, who being by me duly sworn, did say that they are the and respectively, of said corporation executing the within and foregoing instrument; that the instrument was signed on behalf of said corporation by authority of its Board of Directors; and the said and acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for State of Iowa My Commission Expires: CITY COUNCIL Dubuque, Iowa pr, I ! , 2023 The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing plat in the City of Dubuque, Iowa, has been filed in the office of the Clerk of the City of Dubuque, and that by Resolution No. 10`3 -a-'� the Dubuque City Council approved said plat. Brad M. Cavanag Mayor of the City of Dubuque Adrienne Breitfelder Clerk of the City of Dubuque CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENTS Dubuque, Iowa 2023 The foregoing plat in the City of Dubuque, Iowa, is hereby approved by the City of Dubuque Zoning Board of Adjustments. Chairman, Dubuque Zoning Board of Adjustments CITY ZONING ADVISORY COMMISSION Dubuque, Iowa 2023 The foregoing plat in the City of Dubuque, Iowa, is hereby approved by the City of Dubuque Zoning Advisory Commission and approval of said plat by the City Council of the City of Dubuque, Iowa, is hereby recommended. Chairman, D txue Zoning Advisory Commission PLANNING SERVICES Dubuque, Iowal' % 2023 The foregoing plat of LOT 9 & LOT 2 OF BOYS AND GIRLS CLUB PLACE IN THE CITY OF DUBUQUE, IOWA, or within the two-mile jurisdiction of the City of Dubuque, Iowa, as defined under Section 354 of the Code of Iowa, has been reviewed by the City Planner, (or designee) of the City of Dubuque in accordance with Article 11: Land Subdivision of the City of Dubuque Unified Development Code, and said approval has been endorsed herein on the date first written above. Wa"drr'Vices nt--C�t'�iPlanner V Planning epartment City of Dubuque, Iowa ATTORNEY'S OPINION Dubuque, Iowa TO WHOM IT MAY CONCERN 2023 This will certify that I have examined the abstract of title covering Lot 1-1 & Lot 2-1 of City Lot 662; the West 52 feet of the South Two -Fifths, the East 111 of the South Middle One -Fifth, the East 111 of the South One -Fifth of City Lot 663, and City Lot 663A, all in the City of Dubuque, Iowa, according to the plats thereof covering the period from government entry to certified on that date by and find that said abstract shows good and merchantable title to said real estate in free and clear of all liens and encumbrances and shows taxes paid including taxes for the year Attorney At Law CONSENT TO PLAT mortgager under a certain mortgage dated and filed for record as Instrument # hereby consents to the foregoing plat. z z State of Iowa ) ss: County of On this day of A.D. 2023, before me, the undersigned a Notary Public in and for the state of Iowa, 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 no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that and as officers acknowledge the execution of the foregoing instrument to be voluntary act and deed of the corporation, by it and by them voluntarily executed. Notary Public in the State of Iowa My Commission Expires COUNTY TREASURER Dubuque, Iowa 2023 I, the undersigned, Michael Clasen, Treasurer of Dubuque County, Iowa, do hereby certify that all taxes levied against Lot 14 & Lot 2-1 of City Lot 662; the West 52 feet of the South Two -Fifths, the East 111 of the South Middle One -Fifth, the East 111 of the South One -Fifth of City Lot 663, and City Lot 663A, all in the City of Dubuque, Iowa, have been paid and said real estate is free and clear of all taxes as of this date. Michael Clasen Dubuque County Treasurer COUNTY AUDITOR Dubuque, Iowa 2023 The foregoing plat was entered of record in the office of the Dubuque County Auditor this day of , 2023. We approve of the subdivision name or title to be recorded. Kevin Dragotto County Auditor of Dubuque, Iowa CITY ASSESSOR Dubuque, Iowa 2023 The foregoing plat was entered of record in the office of the Dubuque City Assessor this day of , 2023. Troy Patzner Dubuque City Assessor RECORDER'S CERTIFICATE Dubuque, Iowa 2023 The foregoing plat of LOT 1 & LOT 2 OF BOYS AND GIRLS CLUB PLACE IN THE CITY OF DUBUQUE, IOWA, has been reviewed by the Dubuque County Recorder. John Murphy Dubuque County Recorder 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 1 Th St (563) 589-4121 RESOLUTION NO. 108-23 A RESOLUTION APPROVING THE PLAT OF SURVEY OF: LOT 1 & LOT 2 OF BOYS AND GIRLS CLUB PLACE IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey: Lot 1 & Lot 2 of Boys and Girls Club Place in the City of Dubuque, Iowa; and Whereas, the Simple Subdivision has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Simple Subdivision 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 11-7 B (3) of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, allows the Zoning Advisory Commission and City Council to waive bulk regulations for simple subdivisions. Section 2. That the Zoning Advisory Commission is recommending approval to allow a 0' side yard setback and waive the minimum 3' required side yard setback in an OR -Office Residential zoning district. Section 3. That the Plat of Survey of Lot 1 & Lot 2 of Boys and Girls Club Place in the City of Dubuque, 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 17th day of April 2023. By: Bla . Cavanagh, Mayor ATTEST: By: %/ &-iL4 Adrienne N. Breitfelder, City Clerk ACCEPTANCE OF RESOLUTION NO. - 23 I, the undersigned, Boys and Girls Club of Greater Dubuque, having read the terms and conditions of the Resolution No. - 23 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 2023. M State of Iowa ) ss: County of Dubuque ) Tom Sullivan, Executive Director Boys And Girls Club of Greater Dubuque On this day of 2023, before me, a Notary Public in and for said state, personally appeared Tom Sullivan, 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: