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Plat of Survey of Lot 1 and Lot 2 of Bahl Middle Road Place Copyrighted September 18, 2023 City of Dubuque Consent Items # 09. City Council Meeting ITEM TITLE: Plat of Survey of Lot 1 and Lot 2 of Bahl Middle Road Place SUM MARY: Zoning Advisory Commission recommending approval of the Plat of Survey of Lot 1 and Lot 2 of Bahl Middle Road Place. RESOLUTION Approving the Simple Subdivision Plat of Survey Lot 1 and Lot 2 of Bahl Middle Road Place, Dubuque, lowa SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type ZAC Memo to CC Staff Memo Staff Report Staff Memo Resolution Resolutions Plat of Survey Supporting Documentation Planning Application Supporting Documentation Site Map Supporting Documentation Vicinity Map Supporting Documentation Planning Services Department Dubuque City Hall THE CITY OF � 50 West 13t"Street All-�netie�Cif) �UB E .�,� r,, Dubuque,IA 52001-4864 1 I I I (563)589-4210 phone I I (563)589-4221 fax 563 690-6678 TDD 2oo7*zoiz�zol3 ( ) Masterpiece on the Mississippi �ai�tzor� planning@cityof dubuque.org September 11, 2023 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13t" Street Dubuque IA 52001 Applicant: City of Dubuque Engineering Department Location: 6505 Pennsylvania Avenue, PIN 1019400006 Description: Plat of Survey of Lot 1 and Lot 2 of Bahl Middle Road Place 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 Shena Moon, Associate Planner, spoke on behalf of the Engineering Department noting the proposal is a simple subdivision of property located off Pennsylvania Avenue. She stated the subdivision is purposed in order for the City to acquire property for the future of Middle Road. She discussed the area of each of the proposed lots, displaying a map of the proposed subdivision. She stated that Lot 2 does not have street frontage, so it requires a waiver of this requirement from the Zoning Advisory Commission. The Commission questioned the timing of the roadway widening and Ms. Moon stated that the timing has not yet been confirmed by the Engineering Department. Recommendation By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council conditionally approve the request. A simple majority vote is needed for the City Council to approve the request. RespectFully submitted, �� /t a �5 � t 1�� Matt Mulligan, Chairperso Zoning Advisory Com ' ' sion Attachments cc: Nate Kieffer, Land Surveyor - City of Dubuque Engineering Department Service People lntegrity Responsibility lnnovation Teamwork Dubuque THE CITY OF � All-America Cily D�B � ,K� � ,�� , � � Maste iece on the Mississi t zoo��zoiz•zoi3 � �p zo��*zo�g TO: Zoning Advisory Commission FROM: Shena Moon, Associate Planner DATE: August 30, 2023 SUBJECT: Plat of Survey of Lot 1 and Lot 2 of Bahl Middle Road Place 6505 Pennsylvania Avenue, PIN 1019400006 INTRODUCTION The subject property is an approximately 10-acre parcel that is rectangular in shape. The property is improved with an existing single-family residence and detached garage in the southeast corner of the property and a wireless communications tower site in the northwest corner of the property. Pursuant to the Unified Development Code (UDC) the proposed subdivision is classified as a Simple Subdivision'. The proposed plat of survey would create two lots, one of which would not have frontage along a public or private street and therefore the Simple Subdivision requires review by the Zoning Advisory Commission. DISCUSSION As proposed, the Plat of Survey of Lot 1 and Lot 2 of Bahl Middle Road Place would subdivide an existing approximately 10-acre parcel into two new lots. The subdivision is being proposed so the City of Dubuque can acquire a portion of the existing property in anticipation of the future widening of Pennsylvania Avenue. The following is a description of each proposed lot: ■ Lot 1 (1.79 acres) is a L-shaped parcel abutting the right-of-way along Pennsylvania Avenue. The lot would contain the existing single-family residence and detached garage. ■ Lot 2 (8.3 acres) would be comprised of the remaining northern portion of the existing parcel. This lot would be accessed from Pennsylvania Avenue by way of a 30'wide access easement across Lot 1. Lot 2 would contain the existing wireless communications tower lease area which would be accessed from Pennsylvania Avenue by way of a 30' wide access easement across Lot 1 and Lot 2. 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 2 ' 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 and Lot 2 of Bahl Middle Road Place will not have the required street frontage, the applicant is requesting a waiver of this bulk regulation requirement for Lot 2. 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. RECOMMENDATION Planning staff requests that the Zoning Advisory Commission review the Plat of Survey of Lot 1 and Lot 2 of Bahl Middle Road Place and recommends approval subject to waiving the street frontage requirement for Lot 2. Attachments 2 Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13'h St Telephone: (563)589-4210 Return to: Trish L. Gleason,Assistant City Clerk Address: City Hall, 50 West 13th St Telephone: (563)589-4121 RESOLUTION NO. 304 - 23 RESOLUTION APPROVING THE SIMPLE SUBDIVISION PLAT OF SURVEY LOT 1 AND LOT 2 OF BAHL MIDDLE ROAD PLACE, DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Simple Subdivision Plat Lot 1 and Lot 2 of Bahl Middle Road Place, Dubuque, Iowa; and Whereas, said Simple Subdivision Plat 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 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 0 feet of street frontage on a public street or approved private street for Lot 2. Section 2. That the Simple Subdivision Plat Lot 1 and Lot 2 of Bahl Middle Road Place, 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 18th day of September, 2023. By: Brad M. C anagh, Mayor ATTEST: By: Trish L. Gleason, Assistant City Clerk I � cOC � � O � O � � mcc � m O Z � 1 00 � CCCZ2 � � O � cn � mm � p � � ••"��'�SS \ o � � 4 ��m= o Cmcn�im � � � � � � z � � mc�'i� �c`� � p � •' . � I � . 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Kief�er, a Duly Licensed Land Surrreyor in the State of lowa, do hereby certify that the following real estate was sur�eyed and platted �y me or under my direct persona! super�ision, To Wit: THE EAST 10 ACRES OF THE SW 114 OF THE SE 114 OF SECTION 19, TS9N, R2E, OF THE 5T" P.M., DUBUQUE COUNTY, IOWA This survey was performed for the purposes o# subdi�iding and platting said rea! estate hencefo�th to be known as Lot 1 and Lot 2 of Bah1 Middle Road Qlace, in the City of Dubuque, lowa. Tatal area of Lot 1 and Lot 2 of Bahl Middle Road Place is 10.�98 acres. Totaf area of Lot 1 is 1.789 acres. Total area of Lot 2 is 8.3U9 acres. All La# areas are, more ar less, and a11 Lots are subject to easerrtents, reservations, restrictions, and rigfi�ts-of-way of record and not of recor�, the pEat of which is attached hereto and made part of this certificate. BY: �� . �� vr �� Russell N, Kieffer Date Licensed Land 5urveyor License No. 18128 Lic�nse Ren�wa! Date: 12/31/2024 t�',.�Np �y�`o. •.s�g� p:y RUSSELL N. �:s='c �; K[E�FkR ;� i 1$728 ; : ; '� : �� `+• ��G�• �011VA 2 OWNER'S CONS�NT Dubuque, lowa August � ' , 2023 The fioregoir�g Plat of Survey of: Lot 1 and Lot 2 of Bahl MiddEe Raad Place, i� the City af Dubuque, Dubuque County, lowa, is made with the free consent and in accardanc� with the desires of the undersigned owners and pro�rietors of said real estate. , By: � � � ``-��J _ Steven Eldon Bahl sy: s �,-.-.�``�� ,�.`�,� Sandra Jean Bahl UNIVERSAL NOTARY CERTIFICATE CAPACITY CLAIM�D BY SIGNER STATE OF IOWA ) _X_INDIVIDUAL C011fVTY OF DUBUQUE ) _C4RPORATE OFFICER(5} i.,j�,� {Title) On this 1 l ` day of August, 2023, before me, the undersigned, a Notary Public in and for said State, (CORP S�AL) personally appeared STEVEN ELDON BAHL and SANDRA AFFIXED JEAN BAHL to me persor�ai�o"� OR � proved to me �NO SEAI� PR4CURED an the basis of satisfactory euidence to be the persons '^ whase names are subscribed to the within instrument and PARTNER(S} _LIMITED ,GENERAL acknowledged to me that they executed �he same in their ATTORNEY-IN-FACT authorized capacities, and that by their signat�res on the TRUSTEE(S) instrument the persons acted, executed t e instrument. �GUARDIANICONSERVATOR � ��1 �� _OTHER (Notary 5eal l �vU� � s ATF�.aELA DEMMER Ssign�in�einx� SIGNER IS REPR�SENTIN� ,�frCorr� nission Number 732857 NIA My com � i�� 1��1 �r� ��i�'11M�t'.� — (printltype�me) Notary Public in and for State of lowa Company narrse here � CITY OF DUBUQUE ZONING ADVISORY COMMISSION Dubuque, Iowa , 2023 The foregoing Plat of Survey of Lot 1 and Lot 2 of Bahl Middle Road Place, in the City of Dubuque, or within the two-mile jurisdiction of the City of Dubuque, Iowa, as defined under Section 354 of the Code of Iowa, 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 ,t, 1f t, Chairperson CITY COUNCIL APPROVING PLAT Dubuque, Iowa n-H.ka -\CA ,2023 'Tc 7,4%L.G1o,asoA ,A54,1%-kc...A. c: ; The undersigned, Brad M. Cavanagh, Mayor and driers°e .1lrcitfcldcr, Clerk of the City of Dubuque, Dubuque County, Iowa do hereby certify that the foregoing plat of Lot 1 and Lot 2 of Bahl Middle Road Place, in the City of Dubuque, as appears heretofore has been filed in the Office of the City Clerk of Dubuque, Iowa, and that by Resolution No. 3C -f - 23 the Dubuque City Council approved said plat. Brad M. Cavanagh - Mayor -- ---D_V—Cre:SiL—'--- Atli iCnne N. Breitfelde - City Clerk -Tr'%5%, L• GI z4Sc , P55;54G4 ti aict lc_ State of Iowa ) ss: County of Dubuque ) On this f1-- Yt day of ''1:) -c‘,01�c';' , 2023, before me, a Notary Public in and for the State of Iowa, personally appeared Brad M. 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 the said City of Dubuque, Iowa, by authority of the City Council of said city, and the said Brad M. 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. i , . ..L�L (,-4-: e Commission NumberS424! Notary Public in and for the State of Iowa My ,a,w' fly Comm.Exp. y `J5 Commission Expires '1 01..).u.S 4 - [�uhuque CI IL l:lT� [)F - � Clty of DUbuquE �ii��r�c,c,n Planning 5ervices Department �� T"`+ ��I F� Dubuque, IA 5Z001-4845 � f Phane: 553-589-4210 :nuT•Jai�•.��: : Fax: 5b3-589-4221 IVl�ftit['P'j.�1['i'E' (�lI f]Tt' l�'�r��r��l��f�i ?Ot,.?O I� P€annirtg@cityo�dubuque.org • • i i Zoniny Ad�isory zonina Board of De�elopment Services Historit Preservatian Cotnmission Commission Ad�ustment — ❑ Annexation ❑ Demolition ❑Amended PUD ❑ Conditional Use Permit ❑ Limited Setback Waiver ❑ Historic Revalving Loan ❑ Rezoning/PUD/ID ❑ Special Exception ❑ Site Plan Simple ❑ Certificate of Economic Nan-Viability ❑Text Amendment ❑ Variance ❑ Site Plan Minor ❑ Design Review Certificate of � Simple 5ubdivisian ❑ Appeal ❑ 5ite Plan Major Appropriateness ❑ Preliminary Plat ❑ 5imple 5ubdivisian ❑ Advisory�esign Review (Public ❑ Majar Final Plar ❑Temporary Use Permit Pra}ects) ❑ �Einor Final Plat ❑ Port of l�ubuque/ ❑ Historic Designation; ❑ Waiver from Site Chaplain Schmitt island Design Standards Qesign Review . . . , . . . . , • . � - , , - A. Praperty Information 5ite Location/Address;Middle RoadlPennsylvania Road Legal Description/Parcel ID#/5ubdivisian: PIN 1019400006 Existing Zoning: '�G Proposed Zoning; '4G Site Area (square feet/acres): �O aCC'@S Histaric District: N�A Landmark: ❑ Yes � No 8. Describe proposal and reason far application (attach a fetter of explanation, if necessary): Plat of Survey Lot 1 and Lat 2 of Bahl Middle Road Place- 5imple Subdi�ision requesting the wai�er of the bulK regulation requirement fpr frontage along a pri�ate or public street. Requires Zonirtg Advisory ommission i y ouna re�iew. C. Applicant/Agent Infarmatian � Name: � � �� v�� U� ��% �hone: Address: City: State: Zip; EmaiL• €?. Property Owner(s)Informa�ian Name(s), �'�e��f� `f- S/-�cJ�2 l� Sf� T�' 1. Phone: Address: �� S ��-711'�F S �L�1 � ry d/f 2 !� �ity; .� r/'g U �' V L State: �� Zip: � ��d � Email: 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 attacE�ed; 3.It is the properry owner's responsibility to locake property lines a�d to review the abstract for eas�mer�ts and restric#ive cavenants; and 4.The informarion submitted �ei� ' e and orrect to the best of my/our knowledge and upon submittal becomes pubiic record, AppEicant/Agent: DaYe: �'i� �� Prap�rty Owner(s): Date: � ' i � Fee$ � Ck# ❑CC ❑Cash Received by Date �� AG ' = ` Y ,. �, :ij' _ !�i •�v r. i! j• i � /� i �1 ..I •.��Y. y �� Af / � �;'. �� , � �� r • ' �' !�: �� r- ,: - f. E. :�, ,� . . oR �„ : , AG�RRDD r ] � � � � .��' f� ��y�% 'f �� • ��,�,�� - ,.. :,�. ��• .�� ,/' s,,� .�:�`''��i� _ �r r i, �, � � c� t �� . � ` �r� �� . �� : �:� � . � . . - , . : . ■ C. rr - ` ■, r ' � �% �, � - ' � � - � Pf Pl �j � � � � ,� ,� � . � f� �� 3� � � � � � � � � � � � � � f� � �� ,Q�� f� � f�D� � � � f� � � � � � � � Vicinity Map m� ma� �° �° mao m� � �o m� ma� � m� m� m� m� � � � � my � �� N�P��P�' �'.p`L � ��I°°�� I qSB�RyQ 9 F O � YLVANIA AVE DODGE ST h 8 SwA�TFR�q< � � �!� Applicant: City of Dubuque Engineering Department � Location: 6505 Pennsylvania Avenue, PIN � �p 1019400006 Request type: Simple Subdivision � ,�� o.�� Description: Plat of Survey of Lot 1 and Lot 2 of Bahl Middle Road Place �" ' . ■� � � � Subject Property 0� City Limits 1 0 200 400 800 Nn Feet /V Dubuque County GIS 1:5,000