Plat Asbury Plaza Shopping CtrPlanr~tg Services Depa~ment
city ~.u
50 West ~-3~ Street
Dubuque, Iowa 520014864
(563) 589-42.10 office
(563) 589~221 fax
(563) 690-6678 TDD
plarming~cityof dubuque.org
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Final Plat
Applicant: Rubloff Development Group Inc.
Location: Asbury Plaza Shopping Center
Description:Final Plat of Asbury Plaza No. 11
February 9, 2004
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 spoke in favor of the request, reviewing that Kohl's Department Store will be
located on Lot 2 of the plat.
Staff reviewed that it is not unusual for major anchor stores in shopping centers to own the
portion of land their building occupies.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that the Hy-Vee
Supermarket at Asbury Plaza also sits on its own lot.
Recommendation
By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council
approve the request, subject to waiving the lot frontage requirement.
A simple majodty vote is needed for the City Council to approve the request.
Respectfully subm7,
Zoning Advisory Commission
Attachments
Service People ImtegrRy Responsibility Innovation Teamwork
01/23/2004 82: 4~ 31955~9054 P~ D2
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Fa,x: 563-5fl9-4221
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Applicant: Rubloff Development
Group Inc.
Location: Asbury Plaza Shopping
Center
Description: Final Plat of Asbury
Plaza No. 11
Proposed Area to be rezoned
.......... City Limits
MEMORANDUM
January 26, 2004
TO: Zoning Advisory Commission
FROM: Kyle L. Kritz, Associate Planner
SUBJECT: Final Plat - Asbury Plaza No. 11
INTRODUCTION
This submitted final plat subdivides an existing parcel into two lots. The subject
property is located north of the existing commercial development and west of the
Northwest Arterial.
DISCUSSION
The submitted final plat of Asbury Plaza No. 11 subdivides approximately 77 acres into
two parcels. Lot 1 will be owned by the developers of Asbury Plaza, while Lot 2 will be
sold to Kohl's to facilitate construction of their new department store. The Zoning
Advisory Commission is being asked to waive the lot frontage requirement for Lot 2, as
it does not have frontage on either a public or private street. The subject parcel will
have access to the main frontage road that runs north and south within Asbury Plaza.
This type of platting within a commercial plaza is not unusual. Currently, both K-Mart
and Target Stores in Dubuque are located on lots that do not have frontage on a street.
All shopping centers establish reciprocal access easements that provide ample access
throughout the plaza. Asbury Plaza will have the necessary access easements and
staff has not objection to the submitted final plat.
RECOMMENDATION
The submitted final plat of Asbury Plaza No. 11 does not adversely impact adjacent
property and staff would recommended that the Zoning Advisory Commission approve
the submitted plat subject to waiving lot frontage requirements for Lot 2.
KLK/mkr
Attachment
LaT
i I
LOT 2
4Pg4 ~.8 S.F,
9.86 ACRES
LOT :~
2940395 S.F.
67,50 ACRES
CAP
FINAL PLAT
ASBURY PLAZA NO.i~,
CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA.
OF ASOURY PLAZA NOo4,
CITY OF OUBUQUE,
TOTAL AREA
33698~3 6.F.
Sheet 2 of 5
Survey Description -Asbury Plaza No. 11, City of Dubuque, Dubuque County, Iowa.
A subdivision of Lot A in Asbury Plaza No. 4, City of Dubuque, Dubuque County, Iowa,
being part of the West Half of Section 16, and part of the East Half of Section 17, all in
Township 89 North, Range 2 East of the 5th P.M., City of Dubuque, Dubuque County,
Iowa, more particularly described as follows: Beginning at the southwest corner of the
Southeast Quarter of the Northeast Quarter of said Section 17; thence N00°01'37"E,
30.02 feet along the west line of the Southeast Quarter of the Northeast Quarter of said
Section 17 to the northwesterly corner of said Lot A; thence along the northerly line of said
Lot A, N89°28'05"E, 270.53 feet; thence N50°37'59"E, 609.99 feet; thence N46°32'51"E,
63.16 feet; thence N50°37'59"E, 263.03 feet; thence N65°49'28"E, 370.93 feet; thence
N74°03'24"E, 717.85 feet; thence N89°25'36"E, 914.76 feet to the northeasterly corner of
said Lot A; thence S32°53'07"W, 1150.42 feet to the southwesterly comer of Lot 3 of Lot 1
in Helen E. and Mary H. Steward Subdivision, City of Dubuque, Dubuque County, Iowa,
and the north line of the Northwest Quarter of the Southwest Quarter of said Section 16;
thence S89°08'19"E, 417.50 feet along said north line to the corner of said Lot A; thence
S01 °51'01"W, 107.03 feet to the southeast corner of said Lot A and the northwesterly right
of way line of the Northwest Arterial; thence S66°53'30"W, 841.19 feet to the beginning of
the right of way curve; thence southwesterly, 516.52 feet along said curve having a radius
of 1607.40 feet, concave to the southeast, and a central angle of 18°24'41'' and a chord
which beam S57°40'33"W, 514.30 feet; thence continuing southwesterly 184.42 feet along
said right of way curve concave to the southeast having a radius of 1607.40 feet, a central
angle of 6034'25'' and a chord which beam S45°13'59"W, 184.32 feet; thence continuing
southwesterly and southerly 316.83 feet along said right of way curve concave to the east
having a radius of 1607.40 feet and a central angle of 11°17'26'' and a chord which beam
S36°14'39"W, 316.32 feet to the northeast corner of Lot 1 in Asbury Plaza No. 9, City of
Dubuque, Dubuque County, Iowa; thence N90°00'00"W, 381.01 feet along the northerly
line of said Lot 1; thence N19°54'36"E, 22.39 feet to the northeasterly corner of Lot 1 in
Asbury Plaza No. 6, City of Dubuque, Dubuque County, Iowa; thence N67°18'31"W,
608.00 feet; thence N89°41'27"W, 169.11 feet to the southwesterly corner of Lot ^ in
Asbury Plaza No. 4, City of Dubuque, Dubuque County, Iowa; thence N00°02'40"E,
146.54 feet; thence N22°50'54"E, 740.04 feet to the corner of Lot 1 in Asbury Plaza No. 6,
City of Dubuque, Dubuque County, Iowa and the south line of the Southeast Quarter of
the Northeast Quarter of said Section 17; thence S89°27'35"W, 381.91 feet to the point of
beginning, containing 77.36 acres.
This survey was performed for the purpose of subdividing Lot A in Asbury Plaza No. 4,
City of Dubuque, Dubuque County, Iowa, being part of the West Half of Section 16, and
part of the East Half of Section 17, all in Township 89 North, Range 2 East of the 5th P.M.,
City of Dubuque, Dubuque County, Iowa. These parcels are 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 were placed or shall
be placed within 30 days from the date this plat is recorded.
I hereby certify that this land survey document was prepared and the related survey work
was performed by me or under my direct personal supervision and that I am a duly
licen~d Land Surveyor under the laws of the State of Iowa.
Da-'~'d P. Schneider P.L.S. ¢14417 Dat~ /
My license renewal date is December 31, 2005.
Pages or sheets covered by this seal: THIS SHEET ONLY
Schneider Land Surveying & Planning, Inc
P.O. Box 105 Peosta, Iowa 52068 Job No.183plat11
Phone: 563-556-9055 Fax: 563-556-9054
Email: schneiderlsp(~mwci.net Date: 1/22/2004
Sheet 3 of 4
OWNER'S CONSENT
State of )
) SS:
County of )
,2004
The foregoing plat of the Asbury Plaza No. 11 in the City of Dubuque, 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.
Asbury Dubuque, L.L.C.
State of )
) SS:
County of )
,2004
On this day of , AD, 2004, before me, ,
a Notary Public in and for said county, personally appeared and
of Asbury Dubuque, LLC., to me personally known, who being by me
duly affirmed did say that they said and
acknowledged the execution of said instrument to be their voluntary act and deed voluntarily executed as
said officers of Asbury Dubuque, L.LC.
Notary Public in the State of
My Commission Expires
ATTORNEY'S OPINION
I, , a practicing attorney at taw in (city)
Dubuque County, Iowa have examined the abstract of title to the land included within Asbury Plaza No. 11'
in the City of Dubuque, 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. , AD, 2004, 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 Asbury Dubuque, LLC. Dated at , Iowa in said County, this day of
,2004.
Signature
Name (printed)
Address
Attomey at Law
Phone number
Sheet 4 of 5
CITY OF DUBUQUE ZONING ADVISORY COMMISSION
Dubuque, Iowa /~cc ~o. ~// ,2004
The foregoing plat of Asbury Plaza No. 11 in the City of Dubuque, Dubuque County, Iowa, being within
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 Zo~ri~'AdvisoryT~Commission
CITY COUNCIL APPROVING PLAT
Dubuque, Iowa ,2004
The undersigned, , Mayor and , Clerk of the City
of Dubuque, Dubuque County, Iowa do hereby certify that the foregoing plat of Asbury Plaza No. 11 in the
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 Council of the City of Dubuque, Iowa approves said plat.
Mayor
City Clerk
State of Iowa )
) SS:
County of Dubuque )
On this day of ,2004, before me, a Notary Public in and for the State of Iowa,
personally appeared and , 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
corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of
City Council, as contained in Resolution Number adopted by the City Council on
the day of ,2004, and that and
acknowledged the execution of the instrument to be their voluntary act and
deed of the corporation, by it voluntary executed.
Notary Public in the State of Iowa
My Commission Expires
TREASURER - CITY OF DUBUQUE
Dubuque, Iowa ., 2004
I the undersigned, ., Treasurer of Dubuque, Iowa do hereby certify that all taxes and
special assessments levied against Asbury Plaza No. 11 in the City of Dubuque, Dubuque County,
Iowa, have been paid and said rea[ estate is free and clear of ali taxes as of this date.
Treasurer - City of Dubuque, Iowa
Sheet 5 of 5
MORTGAGE HOLDERS ACKNOWLEDGMENT
The undersigned for of
State of iowa, do hereby certify that the attached Final Plat of Asbury Plaza No. '11 in the City of
Dubuque, 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.
Bank City.
President V.P.
State of )
) SS:
County of )
On this day of A.D. 2004 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 and for said State
My Commission Expires
ASSESSOR- CITY OF DUBUQUE
Dubuque, Iowa
The forgoing plat was reviewed in the office of the Dubuque City Assessor this
day of ,2004.
,2004
Assessor of the City of Dubuque, Iowa
COUNTY AUDITOR
Dubuque, Iowa
The forgoing plat was entered of record in the office of the Dubuque County Auditor this
day of ,2004.
2004
County Auditor of Dubuque County, Iowa
COUNTY RECORDER
Dubuque, Iowa
The forgoing plat has been received by the Dubuque County Recorder this
,2004.
day of
,2004
County Recorder of Dubuque County, Iowa
Prepared by: Laura Carstens. City Planner Address: Ci HaU 50 W. 13th St Telephone: 589-4210
RESOLUTION NO. 62-04
RESOLUTION APPROVING THE FINAL PLAT OF ASBURY PLAZA NO. 11 IN
THE CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with the City Clerk a Final Plat of Asbury Plaza
No. 11; and
Whereas, said plat provides Lot 2 with 0 feet of lot frontage, where 50 feet of lot
frontage is required; and
Whereas, said Final Plat has been examined by the Zoning Advisory
Commission and had its approval endorsed thereon; and
Whereas, said Final Plat has been examined by the City Council and they find
that it conforms to the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY TH,E CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA: ~ '~
Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to
allow Lot 2 with 0 feet of lot frontage, where 50 feet of lot frontage is required.
Section 2. That the Final Plat of Asbury Plaza No. 11. is hereby approved,
and the Mayor and City Clerk are hereby authorized and directed to endorse the
approval of the City of Dubuque, Iowa up0'n~aid Final Plat.
Passed, approved and adopted this 16th day of February, 2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
~ann~ F. Schneider, City Clerk --
Planning Services Department
Cite Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
(563) 690~678 TDD
plann Jng~ci~o fdubuque.or g
February 6,2004
Robert Dunning
Rubloff Development Group Inc.
4949 Harrison Ave
Rockford IL 61108
RE: City Council Public Headng - Final Plat
Dear Bob:
The City Council will consider your request to rezone property located at Asbury Plaza
Shopping Center at a public meeting on Monday, February 16, 2004. Please attend
this meeting, or send a representative to the meeting in your place to present your
request and answer questions. City Council meetings begin at 6:30 p.m. in the
Auditorium on the third floor of the Carnegie Stout Public Library, 360 W. 11th Street.
Please contact the Planning Services Department at (563) 589-4210 if you need more
information or have any questions.
Sincerely,.
Associate Planner
Enclosures
cc: Jeanne Schneider, City Clerk