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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 PLAflNZNG AppI 1'CATZON FORM alt,/of Dubuque Planning Sen, r~es Department D~zbuqu% iA 52001-~864 Phone: 563-589-~t210 Fa,x: 563-5fl9-4221 ~]Annexat~on ~'T'e~pomry use l~nit [~Cert~flc~te of E~aomic Non-V~b~litX ['~C~fi~te of Appropriateness please brae or o~nt legibly in Ink , ~Nu~ ~/~ -~ - ~/ ~/~ia~ N~r: ~l ~on (~l ~ ~ ~ ~ n~ n~/~): 3, ~1 ~t~ ~ul~ ~en a~ gm~ic ~ a~ a~. .. . . . D~s~ ~an ~l ~ Ran ~p~m ~Im~v~m ~ N 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