Plat, Final, Cedar Ridge FarmCITY OF DUBUQUE, IOWA
MEMORANDUM
July 31, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Revision of Resolution Approving the Final Plat - Cedar Ridge Farm Place
No. 4
Planning Services Manager Laura Carstens is recommending approval of a revised
resolution approving the final plat of Cedar Ridge Farm Place No. 4. In the past, the
City had proposed that storm water detention basins in commercial developments
remain private. However, a revision to this final plat would allow that the City would
take over ownership of the storm water detention facility once 80% of the lots have been
sold. The maintenance for this storm water detention facility will continue to be charged
to the property owners in the subdivision.
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
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
July 23, 2001
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Laura Carstens, Planning Services Manager
Revision of Resolution approving the Final Plat - Cedar Ridge Farm Place
No. 4
INTRODUCTION
The purpose of this memorandum is to request City Council approval of a revised
resolution approving the final plat of Cedar Ridge Farm Place No. 4, a commercial
subdivision. A resolution, plat and staff report are attached for this 18.5-acre
commercial subdivision.
BACKGROUND
The final plat of Cedar Ridge Farm Place No. 4 is being platted by Nemmers Cedar
Ridge Farm Limited Partnership to plat off approximately 18.5 acres into seven lots for
development for commercial service and wholesale businesses. The subdivision will
be served by a cul-de-sac street constructed with 37-foot wide paving and a 60-foot
right-of-way to be named Cedar Crest Ridge. The proposed subdivision will be served
by City water and sewer. Lots B and C will be dedicated to the City of Dubuque and
will have a storm water detention basin constructed in each lot to control the volume of
water leaving the site.
The Zoning Advisory Commission has approved the preliminary plat for Cedar Ridge
Farm Place No. 4. The submitted final plat is in substantial compliance with the
approved preliminary plat and the Subdivision Regulations of the City of Dubuque.
DISCUSSION
On April 16, 2001, the City Council approved a resolution for this subdivision that
required the developer to both own and maintain the storm water detention basin. This
language has been used in resolutions for residential subdivisions since August 1999.
With a commercial subdivision like Cedar Ridge Farm No. 4, Corporation Counsel
Barry Lindahl and the developer's attorney believe that if the developer continues to
own the detention facility, then every time the developer sells a lot, he will have to sell
an undivided interest in the detention facility as wall. This could create title problems
for the developer.
Final Plat - Cedar Ridge Farm Place No. 4
July 23, 2001
Page 2
The revised resolution provides for the developer to continue to maintain the detention
facility until 80% of the lots have been sold. The requirement that the developer own
the detention facility has been struck. Public Works Director Mike Koch believes that
the maintenance requirement placed on the developer provides the City with adequate
assurance and recourse to ensure that the detention facility remains functional.
RECOMMENDATION
I recommend approval of the revised resolution approving the final plat of Cedar Ridge
Farm Place No. 4.
LC/mkr
Enciosures
Mike Koch, Public Works Director, w/enclosures
Gus Psihoyos, Assistant City Engineer, w/enclosures
Prepared by: Laura Carstens~ City Planner Address: City Hall, 50 W, 13th Street Telephone: 589-42t0
RESOLUTION NO. 350-01
A RESOLUTION RESCINDING RESOLUTION NO. 155-01 AND APPROVING THE
FINAL PLAT OF CEDAR RIDGE FARM PLACE NO. 4 IN THE CITY OF DUBUQUE,
IOWA
Whereas, there has been filed with the City Clerk a final plat of Cedar Ridge Farm
Place No. 4 in the City of Dubuque, Iowa; and
Whereas, upon said final plat appears a street to be known as Cedar Crest Ridge
(Lot A) together with certain public utility and sewer easements and storm water
detention facility (Lot B and Lot C) which the owners by said final plat have dedicated
to the public forever; and
Whereas, said plat provides 0 feet of frontage for Lot C, where 60 feet is required
by Section 42-19(b) of the Subdivision Regulations; and
Whereas, the preliminary plat has been examined by the Zoning Advisory
Commission and had its approval endorsed thereon; and
Whereas, said final plat has been reviewed by the City Planner and had her
approval endorsed thereon, subject to the owners agreeing to the conditions noted in
Section 2 below; 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; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Resolution No. 155-01 is hereby rescinded.
Section 2. That the dedication of Cedar Crest Ridge (Lot A), storm water
detention facility (Lot B and Lot C) 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
Resolution No. - 01
Page 2
Section 3. That Section 42-19(b) of the Subdivision Regulations is waived to
allow Lot C to have 0 feet of frontage, where 60 feet of frontage is required.
Section 4. That the plat of Cedar Ridge Farm Place No. 4 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 Cedar Crest Ridge (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 laterats 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,
ail 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 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 Nemmers Cedar Ridge Farm Limited Partnership,
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 5. 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
the lot has been completed, except as required herein. In sparsely developed
Resolution No. - 00
Page 3
subdivisions, sidewalks on developed lots will not be required until 50% of the lots
approved by the plat have been developed. All vacant lots shall have sidewalks
installed upon development of 80% of the platted lots.
Section 6. The undersigned owner hereby agrees to continue to maintain the
detention facility 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
Ci~j, have been installed in the remaining 20% of the lots.
Section 7. 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 and Lot C) shall be assessed against Lots 1 through 7 in proportion to the
acreage of each lot as a percentage of the acreage in the subdivision. 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 provisions of law.
Section 8. 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 9. That in the event Nemmers Cedar Ridge Farm Limited Partnership
fails to execute the acceptance and furnish the guarantees provided in Section 2 hereof
within 180 days a~er 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 6th day ofAugus~2001.
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
F:~USERS~V~ELINDA\WP',COU NCIL',RES\CE DARRDG.RES
ACCEPTANCE OF RESOLUTION NO. -01
I, the undersigned, Julian Nemmers, representing Nemmers Cedar Ridge Farm
Limited Partnership, 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.
Dated this day of ,2001.
By:.
Julian Nemmers
Nemmers Cedar Ridge Farm
Limited Partnership
F']NAL'-PLAT
RIDGE FARM PLACE NO.
IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA