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Final Plat of Stone Quarry Subdivision Plat 4Copyrighted October 18, 2021 City of Dubuque Consent Items # 7. City Council Meeting ITEM TITLE: Final Plat of Stone Quarry Subdivision Plat 4 SUMMARY: Zoning Advisory Commission recommending approval of the Final Plat of Stone Quarry Subdivision Plat 4 subject to waiving the street frontage requirements for both lots. RESOLUTION Approving the Final Plat of Stone Quarry Subdivision Plat 4, Dubuque County, Iowa SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Zoning Advisory Commission Letter Resolution Application Final Plat Staff Memo Vicinity Map Type Staff Memo 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@cityof dubuque.org THE COF DiU!B E Masterpiece on the Mississippi Dubuque 2007,2012.2013 2017*2019 October 8, 2021 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Applicant: Robert Miller Location: 8205 Forestry Way, Parcel 1608176001 Description: To approve the Final Plat of Stone Quarry Subdivision Plat 4 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 The applicant's land surveyor, Dave Schneider, spoke in favor of the request and explained that he is working with Dubuque Hardwoods, Mathy Construction, and River City Stone. He explained Dubuque Hardwoods is seeking to expand into the adjoining quarry for additional storage. He added the plat is coming before the commission because it is within the City's two-mile extraterritorial jurisdiction and the lots lack the required street frontage. Staff reviewed the staff report, noting the submitted Plat of Survey of Stone Quarry Subdivision Plat 4, 8205 Forestry Way, Parcel 1608176001 would create Lot 2 from the existing Lot 1. They explained Lot 1 would be accessed through an easement across Lot 2 and Lot 2 would take access through the property to the southwest which will be under the same ownership. Both lots will take access off Old Massey Rd. Staff noted these lots are located in the county zoning of A-1 Agricultural. There were no public comments. The Zoning Advisory Commission discussed the request finding it appropriate. Recommendation By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City Council approve the request subject to waiving the street frontage requirements for both lots. 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, Chairperson Zoning Advisory Commission Attachments cc: Ryan Buisman, Mathy Construction, 920 10t" Ave. North, Onalaska, WI 54650 Dave Schneider, Schneider Land Surveying, 906 1st St NW, 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: Citv Hall, 50 West 13'h St (563) 589-4121 RESOLUTION NO. 349-21 A RESOLUTION APPROVING THE FINAL PLAT OF STONE QUARRY SUBDIVISION PLAT 4, DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Stone Quarry Subdivision Plat 4, Dubuque County, Iowa that is within the City's 2-mile extraterritorial jurisdiction; 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 the Final Plat of Stone Quarry Subdivision Plat 4, 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 Final Plat of Survey. Passed, approved and adopted this 18th day of October 2021. By: ey fi` / Roy . Buol, Mayor ATTEST: By: aw-"7z�yt/l1Q, f /. !&� Adrienne N. Breitfelder, City Clerk THE CITYT T OF Dubuque � City of Dubuque D ! B E 11 II Planning Services Department 'I Masterpiece on the Mississippi 2007 Dubuque IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 ❑Variance ❑Conditional Use Permit ❑Appeal ❑Special Exception ❑Limited Setback Waiver EXRezoning PLANNING APPLICATION FORM ❑Planned District ❑Preliminary Plat ❑Minor Final Plat ❑Text Amendment ❑Simple Site Plan ❑Minor Site Plan Please type or print leciibly in ink ❑Major Site Plan ❑Major Final Plat ❑Simple Subdivision ❑Annexation ❑Temporary Use Permit ❑Certificate of Economic Non -Viability [:]Certificate of Appropriateness ❑Historic Designation ❑Neighborhood Association ❑Other: Property owner(s): Mathy Construction/River City Stone Phone: 608-783-6411 Address: 920 10th Ave North Fax Number: City: Onalaska Cellular Number: 608-780-5192 WI • 546'!E5 E-mail Address: ryan.buisman@,mathy.com Applicant/Agent: Ryan Buisman Phone: 608-780-5192 Address: 920 10th Ave North Fax Number: city: Onal State: Wisconsin zip 546 7 0 Cellular Number: E-mail Address: ryan.buisman@mathy.com Site location/address: Lot 1 Stone Quarry Subdivision Existing zoning: Ag Proposed zoning: Commercial Historic District: Landmark: Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): 1608176001 Total property (lot) area (square feet or acres): 151.34 Describe proposal and reason necessary (attach a letter of explanation, if needed): Sale to Dubuque Hardwoods CERTIFICATION: I/we, the undersigned, do hereby certify that: 1. It is the property owner's responsibility to locate property lines and to check your abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written and graphic materials are attached. Property Owner(s): Applicant/Agent: _ FOR OFFICE USE ONLY —APPLICATION SUBMITTAL CHECKLIST Date: Date: 9 zO�zoZ� Fee: $298 Received by: Jane Glennon Date:9/28/2021 Docket: Site/sketch plan-] Conceptual Development Plan Photo - Improvement plans F Design review project description - Floor plan Schneider Land Surveying ck 10748 Plat Other: RECORDER'S INDEX LOCATION: LOT 1 IN STONE QUARRY SUBDIVISION, DUBUQUE COUNTY, IOWA REQUESTOR: ROBERT MILLER PROPRIETOR: RIVER CITY STONE COMPANY 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 STONE LOT I NW CORNER SEC . 8, TBBN, R3E FOUND STANDARD CONC. MONUMENT w/ TOP BROKEN OFF AND MAG NAIL IN THE TOP/CENTER OF THE CONC. BASE FINAL PLAT QUARRY SUBDIVISION PLAT 4 IN STONE QUARRY SUBDIVISION, DUBUQUE COUNTY, IOWA NORTH 39.10 ACRES SW1/4. SW1/4 SEC.5. T88N. R3E SE1/4,SW1/4 SEC.5, TBBN, R3E N89'58'30"W R— 315.97' \ �S89''57'57"E 2302.69' REC.AS: N89.57'37"E 2302.69' E CORNER, CORNER LOT 2, NW1/4, NORTH LINE OF THE NW1/4. SEC. SEC.B. T88N, R3E SEC.B, T88N, - m SEC.B, TBBN, R3E ARD FOUND STANDARD rn FOUND 1/2" REBAR CONC. MONUMENT m W/ YELLOW CAP CD M Cow #14417 w m m m, z o 3 m W m ..zm N Nm Ln SURVEY DESCRIPTION: 0 m � Jm LOT 1 IN STONE QUARRY SUBDIVISION, �Z �N DUBUQUE COUNTY, IOWA o w 00 \ Oa O Z 3 z y Z W Q PESE FOUND 1 1/4" Nc�BA. PIPE (TYP. ) OUND f NW1Ba1g6N NW,)Q ES sEAo z� REBAR w%2" PCP YELLOW CAP Se'r S89 "52' 04"E #14417 (TYP. ) 313.08' '0 REC.AS:313.08' W, NNH - 569 •56' 30"E ar o W CORNER - oao ui NWS/4, NW1/4 LOT i v O Jam SEC. B, TBBN, R3E v FOUND 60d NAIL of m 141.34 ACRES WASHER 12631 Zw 'WCDW/ m w N IN TREE ROOT WE _� =z �m W � m m R1 wmn" 0 0 .y v U) 9,PPP� zz ' m . i¢ a� gt OpE �ZSION JUW, vi m~ S�gOI a O o� ^,i m w b y w m o U] � vOWi Zm EED N9N/P3E w a C gYr1�4 SECg13gPCPgS a O O CROP LINE 27 Z SET 1/2" REBAR SBB'52'10"E w/ YELLOW CAP A �P3E 446.1 #14417(TYP.) 9�A, NWN fW,�� ¢ �"zo ' 150. 296. 04' S $ SEC.63;gPCPES A0 ZmJ 'i� LOT 2 q q 0 10.00 ACRES os ro, Uco mww W LO REC. AS: 403.00' V $ m •56' $ii S88 36"E QOQ N88 "52' 10"W q 403.00'MM °DmNm z NE CORNER—�� LOT QUARRY 2, GASSMAN PLAT 2 M060 �0 CENTER R3E EXISTING INGREss Z� 2 6 EGRESS EASEMENT nv Cu0 FOUND 5/BN, REBAR w/ RED `� �9!1` 0 �� CAP #12631 1641.86' —�—_ N89"16'56"W 2219.90' �- zoP °2/ INGRESS AND REC. A5:589.21'21"E 2219.90, '4S9Q EGRESS EASEMENT SOUTH LINE OF THE NW1/4, LOT 1. SEC. B, TBBN, R3E P 65' WIDE STONE QUARRY N0. 3 0p 0 0 m u r, w dm ti¢ wz zm m Q� �m z0 W N J Q U 1n U H 0- a Cr CD me• • is• O O m 0 LOT 1. PRESTON PLACE WIN un9000i�� I hereby certify that this land surveying document was SCHNEIDER os\�001111 LAND P/ prepared and the related survey work was performed W. Land Surveying y g \�gf\'\ and at pers�eyornal sunderl SGq byam nlaws & `2c�� a lydlicey a Lc the of th Stat of I a. = ri < Planning, Inc. TOTAL AREA DAVID P. P. 0. Box 12B 151.34 ACRES = SCHNEIDER n c P14417 __ Z Farley. Iowa 52046 Ph# 563-744-3531 Da P. Schneider P.L.S. P14417 ate. saves@yousq.net Pro'ect:2622 My license renewal date is December 31. 2021. SurveyDate:B 10/2021 �0p�4nII0WP �\���`� Pages or sheets covered by this seal: THIS SHEET ONLY Sheet: 1 of 6 Sheet 2 of 6 OWNER'S CONSENT 2021 The foregoing plat of STONE QUARRY SUBDIVISION PLAT 4, DUBUQUE COUNTY, IOWA, is made with the free consent and in accordance with the desires of the undersigned owner and proprietor of said real estate. River City Stone Company State of ss: County of Anthony Tomashek-Vice President On this day of , 2021, before me, a Notary Public in and for said State, personally appeared Anthony Tomashek, Vice President of River City Stone Company, to me personally known, who being by me duly affirmed did say that he, said Anthony Tomashek, Vice President of River City Stone Company, acknowledged the execution of said instrument to be his voluntary act and deed voluntarily executed. Notary Public in and for said State My Commission Expires MORTGAGE HOLDERS ACKNOWLEDGMENT The undersigned for of State of , do hereby certify that the attached plat of STONE QUARRY SUBDIVISION PLAT 4, 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 ) ss: County of ) On this day of 2021 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 voluntary 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 6 ATTORNEY'S OPINION , a practicing attorney at law in (city) County, (state) have examined the abstract of title to the land included within STONE QUARRY SUBDIVISION PLAT 4, 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 2021, 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 River City Stone Company. Dated at (city), (state) in said County, this day of 2021. Signature Attorney at Law Name (printed) DUBUQUE COUNTY TREASURER Dubuque, Iowa number 2021 I the undersigned, , Treasurer of Dubuque County, Iowa do hereby certify that all taxes and special assessments levied against STONE QUARRY SUBDIVISION PLAT 4, 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 4 of 6 COUNTY ASSESSOR Dubuque, Iowa The forgoing plat was reviewed in the office of the Dubuque County Assessor this day of 2021. County Assessor of Dubuque County, Iowa COUNTY ENGINEER Dubuque, Iowa 2021 I, , the Dubuque County Engineer, have received and examined the foregoing plat of STONE QUARRY SUBDIVISION PLAT 4, 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 DUBUQUE COUNTY BOARD OF HEALTH Dubuque, Iowa 2021 The forgoing plat of STONE QUARRY SUBDIVISION PLAT 4, 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 PLATS OFFICER Dubuque, Iowa 2021 I, , the Dubuque County Plats Officer, have received and examined the foregoing plat of STONE QUARRY SUBDIVISION PLAT 4, DUBUQUE COUNTY, IOWA, for compliance with the Dubuque County Platting and Subdivision regulations and have found said plat to be acceptable. my Plats Officer of Dubuque County, Iowa Sheet 5 of 6 CITY OF DUBUQUE ZONING ADVISORY COMMISSION Dubuque, Iowa , 2021 The foregoing plat of the STONE QUARRY SUBDIVISION PLAT 4, 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 A Chairperso CITY COUNCIL APPROVING PLAT Dubuque, Iowa 0 — j I .2021 The undersigned, Roy D, Rucl , Mayor and Ad ': crlOe N. e(-eA C6 , Clerk of the City of Dubuque, Dubuque County, Iowa do hereby certify that the foregoing plat of STONE QUARRY SUBDIVISION PLAT 4, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, as appears heretofore has been filed in the Office of the City Clerk of Dubuque, Iowa and that the City C ncil of the City of Dubuque, Iowa approves said plat. h Roy D. B I - Mayor Adrienne N. Breitfelder- City Cler ` State of Iowa ) ) ss: County of Dubuque ) On this —Lczf day of 6Cq0 b6kr, 2021, before me, a Notary Public in and for the State of Iowa, personally appeared Roy D. Buol 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 Roy D. Buol 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. SON ��Gr✓ Y Commission Number719986 Notary Public in and for said State - ` ! My Commission Expires My Commission Expires 1 a • t 3-GQ •7 3 Sheet 6 of 6 DUBUQUE COUNTY PLANNING AND ZONING Dubuque, Iowa 2021 The forgoing plat of STONE QUARRY SUBDIVISION PLAT 4, 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. Dubuque County Planning & Zoning Commission DUBUQUE COUNTY BOARD OF SUPERVISORS Dubuque, Iowa 2021 The Dubuque County Board of Supervisors of the County of Dubuque, Iowa, do hereby certify that the foregoing plat of STONE QUARRY SUBDIVISION PLAT 4, 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. Attest Dubuque County Auditor COUNTY AUDITOR Dubuque, Iowa Chairperson The forgoing plat was entered of record in the office of the Dubuque County Auditor this day of , 2021. 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 2021. County Recorder of Dubuque County, Iowa THE C Dubuque DUUB-�*-TE All-buica City �,K��.1 Masterpiece on the Mississippi 2017*2019 TO: Zoning Advisory Commission FROM: Shena Moon, Associate Planner DATE: September 29, 2021 RE: Stone Quarry Subdivision Final Plat 4, Dubuque County, IA INTRODUCTION The submitted Stone Quarry Subdivision Final Plat 4 is located in Dubuque County off of US Hwy 52, within the City's extraterritorial jurisdiction boundary. The proposed plat is a subdivision of one existing parcel into two parcels. The existing Lot 1 is a total of 151.34 acres. The proposed subdivision would create Lot 2 which would be 10 acres in area, reducing Lot 1 to a total of 141.34 acres. Lot 1 is currently accessed from Olde Massey Road via an existing easement across the neighboring parcels to the southwest. The proposed plat includes a 66-ft. wide easement across the newly created Lot 2 which would provide continued access to Lot 1 from Olde Massey Road. Proposed F " Lot 2 t Easement to Lot 9 Y� a - r - e i v Staff Memo — Stone Quarry Subdivision Final Plat 4, Dubuque County, IA DISCUSSION The property owner of the existing Lot 1 proposes to subdivide 10 acres in order to sell the 10 acres to the neighboring property owner to the southwest. Lot 1 is currently non- conforming with regards to not having street frontage on a platted street. The proposed subdivision would create Lot 2 which would also be non -conforming as it would not have street frontage along a platted street. Lot 2 would be accessed through the property to the southwest which would be under the same ownership. As part of the subdivision, a 66-ft. access easement would be established across Lot 2 to Lot 1. Lot 1 would remain non -conforming with respect to street frontage. The proposed Lot 1 and Lot 2 are located in the Dubuque County A-1 Agricultural District and are both used primarily as agricultural fields. The proposed subdivision is not anticipated to have an impact on the land use for the lots. As requested, the proposed lot line adjustment will have little effect on the status of the subject lots or surrounding properties. Except for the creation of a non -conforming street frontage for the newly formed Lot 2, both lots of the Stone Quarry Subdivision Final Plat 4 will comply with all aspects of the City of Dubuque's subdivision regulations contained in the Unified Development Code. RECOMMENDATION Planning staff requests that the Zoning Advisory Commission review the Stone Quarry Subdivision Final Plat 4 and recommends approval as submitted subject to waiving the lot frontage requirement for Lot 1 and Lot 2. Enclosure 2 a ,4' t l IV 0 220 440 880 Feet e. . JL' Gity-of-Dubugr —� Dubuque THE CITY OF L � \ lV01*14 Du--B`�-E I �I I imsty 2007-2012.2013 Masterpiece on the Mississippi 2017*2019 Vicinity Map nseurxr rxO IH DODGE sr I _ 1 \ 1 l City of Dubuque Applicant: Patrick A. Leonard Location: Olde Massey Road Dubuque County, IA Proposal: Stone Quarry Subdivision Final Plat 4 Existing Lot 1 Lot area being subdivided (new Lot 2) Easement to Lot 1 1:9, 986.71