Final Plat_Westbrook Subdivision Phase IIMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Final Plat Westbrook Subdivision No. 2
DATE: March 29, 2011
Dubuque
bitill
All- AmeiicaCity
1
2007
Planning Services Manager Laura Carstens is recommending approval of the final plat
of Westbrook Subdivision No. 2.
Lot Q will be dedicated for a park and Lot R for open space. The area near the street
(Lot Q) will have play equipment while the balance (Lot R) will be planted with native
plantings and include wetland areas. This arrangement is a significant change in the
parkland for this subdivision. Originally, the park area was to be just Lot R (open
space); however, this area was not accessible by ADA standards for play equipment.
The developer, Joel Callahan, has generously provided Lot Q for the park, which is
adjacent to a public street and can be developed in accordance with ADA standards for
accessible play equipment.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
Michel C. Van Milligen
Masterpiece on the Mississippi
TO Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Final Plat Westbrook Subdivision No. 2
DATE: March 29, 2011
Prepared by: Kyle L. Kritz, Associate Planner
cc: Gus Psihoyos, City Engineer
Bob Green, Water Department Manager
Marie Ware, Leisure Services Manager
Dubuque
Au-America City
1 11 1'
2007
INTRODUCTION
The submitted Final Plat of Westbrook Subdivision No. 2 represents the second phase of
Westbrook Subdivision located on the east side of Seippel Road just north of City's
Dubuque Industrial Center West. The submitted second phase of Westbrook Subdivision
includes 43 two - family residential lots and approximately five acres of property that will be
dedicated to the City for park and open space. The first phase of Westbrook Subdivision
was approved in October 2003.
DISCUSSION
The submitted Final Plat subdivides approximately 13.5 acres into 43 two- family residential
lots. The Final Plat includes the extension of North Westbrook Drive, South Westbrook
Drive, and Trails Edge Drive. The three streets are public streets and are built to the City's
reduced residential street standard of a 27 -foot paving within a 42 -foot right -of -way. The
extension of water and sewer will be done as part of this phase of the subdivision as well as
the provision of two areas for storm water detention — Lots 0 and P.
Lot Q will be dedicated for a park and Lot R for open space. The area near the street (Lot
Q) will have play equipment while the balance (Lot R) will be planted with native plantings
and include wetland areas. This arrangement is a significant change in the parkland for this
subdivision. Originally, the park area was to be just Lot R (open space); however, this area
was not accessible by ADA standards for play equipment. The developer, Joel Callahan,
has generously provided Lot Q for the park, which is adjacent to a public street and can be
developed in accordance with ADA standards for accessible play equipment.
RECOMMENDATION
The submitted Final Plat of Westbrook Subdivision No. 2 is in substantial compliance with
the City of Dubuque Unified Development Code, and I recommend that the City Council
approve the submitted Final Plat.
THE CITY OF
DUB E
❑ Variance
❑ Conditional Use Permit
❑ Appeal
❑ Special Exception
❑ Limited Setback Waiver
Please type or print legibly in ink
Property owner(s): Callahan Construction, Inc. c/o Joel Callahan
Address: 7629 Commerce Park
Fax Number: 582 -4314
Lot A of Westbrook Subdivision
PLANNING APPLICATION FORM
❑ Rezoning
❑ Planned District
❑ Preliminary Plat
❑ Minor Final Plat
❑ Text Amendment
City: Dubuque
❑ Simple Site Plan ❑ Annexation
❑ Minor Site Plan ❑ Temporary Use Permit
❑ Major Site Plan ❑ Certificate of Economic Non - Viability
® Major Final Plat ❑ Certificate of Appropriateness
❑ Simple Subdivision ❑ Other:
Mobile /Cellular Number:
State: IA Zip: 52001
213 -1015
City of Dubuque
Planning Services Department
Dubuque, IA 52001 -4864
Phone: 563-589-4210
Fax: 563 - 589 -4221
Phone: 588 -4273
Applicant /Agent: Phone:
Address: City:
Fax Number: Mobile /Cellular Number:
Site location /address: East of Block 1 of Westrook Sub.
Existing zoning: R2 Proposed zoning: Historic District: Landmark:
Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): 1030151011
Total property (lot) area (square feet or acres): 13.649 acres
Describe proposal and reason necessary (attach a letter of explanation, if needed):
Expansion of a Residential Subdivision
State: Zip:
CERTIFICATION: I /we, the undersigned, do hereby certify that:
1. The information submitted herein is true and correct to the best of my /our knowledge and upon
submittal becomes public record;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required written and graphic materials are attached.
Property Owner(s): 1( t qti C - �J, 4 •1" r
Applicant /Agent: --lvL-( ( ?cz
Fee?.,7.20.bo Received by: 4, FOR OFFICE U Nf y _ LICATION SUBMITTAL CHECKLIST
Date: 9•/•!o Docket:
['Site/sketch plan ❑Conceptual Development Plan ❑Photo ['Plat
❑Improvement plans ['Design review project description ❑Floor plan [Other:
Base Data Provided by Dubuque County GIS
Dubuque
krand
aupn,ma car
200'
THE CITY OF
Dui
Masterpiece on the Mississippi
Vicinity Map
Applicant: Joel Callahan, Callahan
Construction, Inc.
Legend
Proposed Area to be Platted
City lim its
DUBUQUE
IN
Location: East of Seippel Road, North
of Commerce Park
Description: Final Plat of Westbrook
Subdivision #2
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50 00' 50 00
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5000 S
120 00'
2
12 499 SF
12000
XA NORTH WESTI3ROOK- ORNiE - - LOT L
589•49'46 "E 310 00' 25.992 SF
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21
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5833
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18
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5
"• 6330 SF
38 77'
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7688 SF
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130 59'
72 26
. 7 5F
27
P. 5833 5
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. 98949'46 "E 35400'
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50 00 50 00'
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11.709 SF
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100 ]5
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8
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33
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N 89'49'46' E 48547'
180 0
50 00 50 0
36
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Comprised of:
,
L' 9043 f 62C 1 5400' 5000' 4 5000' _5000
I N 89'49'46" E 456 43'
- -- - - — -S6U F9 YIESEBROOIE flR+V - - - —
180 00'
NOTES
1 ALL MEASUREMENTS ARE IN FEE AND DECIMALS THEROF.
2 OWNER & PROPRIETOR OF.
LOT A OF WESTBROOK SUB.
CALLAHAN CONSTRUCTION INC
7629 COMMERCE PARK / DUBUQUE, IA 52002
3 LOT A IS LOCATED IN THE NW CORNER OF SECTION 30,
T89N, R2E, OF THE 5TH P.M , DUBUQUE COUNTY, IOWA
4 SURVEY REQUESTED BY JOEL CALLAHAN
5. THIS PLAT IS SUBJECT TO EASEMENTS OF RECORD AND NOT
OF RECORD
= Ina P at of:
WESTBROOK SUBDIVISION NO. 2
C Y O= DUBUQUE, DUBUQUE_ COU \TY, IOWA.
LOT A OF WESTBROOK SUBDIVISION, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA.
SOUTHERLY 1025 ACRES OF THE 991/4 Nw1 /4, SECTION SO. 7895. RAE
N 8918'38" E 1197 08'
B L O C K 3
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EXISTING 25' LOT E
I ACCESS h UTILITY
LEGEND
5/8" REROD (POUND) WITH
ORANGE CAP STAMPED "15487"
(UNLESS NOTED OTHERWISE)
YELLOW CAP STAMPED "13146"
5/8" REROD (PLACED) WITH
ORANGE CAP STAMPED "15487"
PROPERTY LINE
SURVEYED PROPERTY LINE
SURVEYED PERIMETER
- CENTERLINE
EASEMENT LINE
RECORD DIMENSION
EXISTING PUBLIC UTILITY EASEMENT
EXISTING SANITARY SEWER EASEMENT
PUBLIC UTILITY EASEMENT
SANITARY SEWER EASEMENT
SANITARY SEWER & WATER EASEMENT
STORM SEWER AND DETENTION
BASIN ACCESS EASEMENT
/
/ / 0
/ ryo
/'
\ / /
LOT R
974 AC
(OPEN SPACE)
20'
ESSE
N83'3329'E 1899 �_
1
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1
0
1 o i
1 1
1 1 N
1 1 Is
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2009 -17506
L AND of /77//
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_= Uo TERRY L
J e KOELKER
15487
No//101 v P \ \ \
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4 3 _
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NOTE
1 NO TREES, SHRUBS OR OTHER
OBSTRUCTIONS SHALL BE PLACED WITHIN
THE EASEMENT LIMITS FOR SANITARY SEWER,
STORM SEWER OR DETENTION BASIN ACCESS
SCALE 1" = 150'
0' 75' 150'
SURVEYED PERIMETER
TOTAL AREA = 1 13 649 AC
10'
10
NO —SCALE
BLANK LANE
5'
2
---5'
10'
10'
---5'
Fes-- 5,
EACH LOT IN THIS SUBDIVISION HAS UTILITY
EASEMENTS OF 10' ON ALL STREET FRONTAGES
AND REAR LOT LINES AND 5' ON ALL SIDE
LO LINES (UNLESS OTHERWISE NOTED)
HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS
PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY
ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM
A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE
OF IOWA ALL MONUMENTS ARE PLACED OR SHALL BE PLACED
WITHIN ONE YEAR FROM THE DATE THIS PLAT IS RECORDED
/ 2 c /i if
TERRY L KOEL�R ' (DATE)
LICENSE NUMB R. 15487
MY LICENSE RENEWAL DATE IS DECEMBER 31, 2011
SHEETS COVERED BY THIS SEAL SHEETS 1, 2, & 3
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645'10'14 "W
206 48'
146 00'
229 34'
90'00'00"
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146.00'
55.33'
21'42'49"
C -1B
656'35'58 "W
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60 43'
23'42'54"
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63 50'
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64 01'
25'07'14"
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49 33'
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49 56'
19'27'02"
0-2
644'49'46 "E
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147 08'
104 00'
163 36'
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144 22'
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159 36'
87'47'45"
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212'15"
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163 36'
90'00'00"
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212'15"
0-49
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144 22'
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159 36'
87'47'45"
LINE
BEARING
DIST
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N 89 °18'38" E 1197 08'
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N 8918'38" E 732.06' N 8918'38" E
146 46 146 52')
Sg 46 0.3
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7688 SF
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LOT L
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58 33
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WESTBROOK SUBDIVISION NO. 2
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PER INST
2009 -17506
NOTE
1 NO TREES, SHRUBS OR OTHER
OBSTRUCTIONS SHALL BE PLACED WITHIN
THE EASEMENT LIMITS FOR SANITARY SEWER,
STORM SEWER OR DETENTION BASIN ACCESS.
SCALE 1" = 100'
0' 50' 100'
LINE DATA
CURVE DATA
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1212 LOCUST ST
& ASSOCIATES
REVISIONS
PREPARED BY
OWA 5200
Prepared by and return to: James A O'Brien 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113
DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
CALLAHAN CONSTRUCTION, INC.
This Development Agreement (this "Agreement ") is entered into this
day of , 2011, by and between the undersigned
property owner (hereina er referred to as the DEVELOPER) and the City of Dubuque,
Dubuque County, Iowa (hereinafter referred to as the CITY).
RECITALS
The DEVELOPER is owner or contract buyer of the following described property:
Lot A of Westbrook Subdivision in the City of Dubuque, Dubuque County, Iowa (the
Real Estate)
1. The DEVELOPER proposes to record a final subdivision plat of a portion of the Real
Estate to be known as of Westbrook Subdivision No. 2 (Subdivision) in the City of
Dubuque, Iowa, and has prepared a proposed final plat of such subdivision (the
"Plat ").
2. CITY has adopted a policy that seeks to encourage sustainable subdivision design
and construction.
3. CITY will provide the incentives set forth in this agreement to the Developer if the
Subdivision scores 80 points or more under the CITY's Site Design and Building
Conservation Subdivision Criteria scoring system. CITY acknowledges that
DEVELOPER'S current preliminary design for the Subdivision achieves the eighty
(80) points required in § 16 -11 -10 of CITY'S Unified Development Code based on
the Sustainable Subdivision Development Tools to be implemented. These eighty
(80) points will count provided the tools are actually implemented and further
provided that the credit for the tools may not be counted more than once.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the
DEVELOPER and the CITY agree as follows:
The following Public Improvements required by the CITY for the proposed Plat shall
be completed by the DEVELOPER in accordance with the construction documents
approved by the City Engineer to provide service to the area being platted:
a. Sanitary sewer and service laterals into each lot.
b. Water main with hydrants, valves and fittings with service laterals into each
lot.
c. Asphalt street construction must be built to City standards and specifications,
including longitudinal drains as directed by the City Engineer.
d. Storm sewers and stormwater detention facilities
e. Sidewalks abutting the park lot (Lot Q) in accordance with City Code §10 -1 -2
(Sidewalk Installation and Repair).
f. Street lights in accordance with City Standards.
2. The following Sustainable Development Tools totaling a minimum of 80 points
required by the CITY for the proposed Plat shall be completed by the DEVELOPER
in accordance with the construction documents approved by the City Engineer to
provide service to the area being platted:
Solar Subdivision: Development includes 70% "solar lots" that have a
30
minimum north -south dimension of 75 feet and a front line orientation that
is within 30 degrees of the true east -west axis.
Provision of recreational open space /parkland at the ratio of 500 square
20
feet of recreational open space per detached single - family home and 300
square feet of recreational open space per multi - family unit. Waterways,
detention /retention areas, and ponds may constitute no more than 50% of
the recreational open space(15 points). Additional 5 points for over 5 acres.
50 % of the structures in Phase 2 will conform to the Green Building Code
5
Reduced pavement width (27 -feet back of curb to back of curb) for all
5
public streets, with parking restricted to one side, which reduces the heat
island effect throughout the subdivision.
Specify in restrictive covenants with a duration of not less than 21 years,
5
through the inclusion of the language attached hereto, that each home
owner will plant a minimum of two (2) trees on the owners private property
in the subdivision to increase site shading and reduce energy needs for
houses, including placement of deciduous trees on the south and west
sides of the housing to provide shade to lower cooling costs, and
placement of evergreen trees on the north and west sides of the housing
protect against winter winds, which can help reduce heating costs. CITY
acknowledges that DEVELOPER, by including this in its Restrictive
Covenants for the REAL ESTATE, DEVELOPER has satisfied this
requirement.
Native plantings to be added to the park as approved by the City Planner.
5
Wetlands in the park to be preserved and maintained for innovative
5
stormwater infiltration.
The development incorporates native plantings or other innovative
5
infiltration tools approved by the City Planner and City Engineer for on -site
stormwater management in the detention basin.
3. DEVELOPER will be allowed to apply for foundation permits for lots shown on the
Plat, and building permits for lots shown on the Plat as soon as water distribution
and roadway surface improvements are approved by the Fire Chief. Final
certificates of occupancy for lots shown on the Plat, shall not be issued prior to
substantial completion of all Public Improvements for that lot until the residence is
completed and an exception is granted in writing by CITY. Such exceptions shall not
be unreasonably withheld by CITY.
4. DEVELOPER and any contractor or other agent employed by DEVELOPER shall
provide insurance as required by the City Engineer when working within the public
rights-of-way.
5. If DEVELOPER fails to complete the Public Improvements within three years from
the date of this Agreement, CITY may cause the Public Improvements to be
constructed in all respects as the City Engineer shall reasonably deem appropriate.
DEVELOPER shall remain responsible for all costs incurred by CITY in completing
the Public Improvements. CITY may recover any such costs through the
assessment process authorized in paragraph 6 below and /or any other legal
remedies CITY may choose in its sole discretion.
6. CITY by and through its City Council may make assessments against the lots shown
on the Plat for the costs incurred by CITY in completing any of the Public
Improvements required of the DEVELOPER by the Plat or this agreement and /or for
any of the other obligations of the DEVELOPER under this agreement. Such
assessments shall be allocated to lots according to the benefit received by that lot.
DEVELOPER acknowledges that said assessment shall be a lien upon the Real
Estate, and hereby agrees to pay the amount which is thus assessed against the
Real Estate, and said assessment shall have the same legal force and effect as if all
the legal formalities provided by law in such cases had been fully and faithfully
performed and observed. DEVELOPER hereby expressly waives every objection to
said assessment. DEVELOPER hereby authorizes the City Council of the City of
Dubuque, Iowa, to pass any resolution requisite or necessary to make the
assessments herein provided for, without further notice to DEVELOPER. The
DEVELOPER shall also cause to be executed any additional instrument(s)
requested by CITY for the purpose of implementing this assessment.
Notwithstanding anything in this Agreement to the contrary, any assessment made
under this Agreement shall not be a lien against any property described herein
unless and until CITY records with the Dubuque County Recorder a "Notice of
Assessment Lien" which Notice shall describe the property against which the lien
attaches and the amount of the lien. Lots shall not be released from the
requirements of this Agreement prior to the completion of all required improvements
associated with the lot or lots as determined by the City Engineer.
7. DEVELOPER shall not install, and shall not allow others to install, above - ground or
underground fuel storage tanks within 1,000 feet of the REAL ESTATE
8. DEVELOPER shall, in its contracts for the installation of the Public Improvements,
require it's contractors to provide a maintenance guarantee for a period of two years
from the date of acceptance of the improvements by City Council from a surety
acceptable to CITY and naming CITY as an co- obligee, in an amount equal to 25%
of the cost of the Public Improvements.
9. To the extent allowed by law, DEVELOPER will indemnify and save harmless CITY
from and against all liabilities, obligations, claims, damages, penalties, causes of
action, costs and expenses (including, without limitation, reasonable attorneys' fees
and expenses) imposed upon or incurred by or asserted against CITY by reason of
(a) any act or omission of DEVELOPER, or (b) any failure on the part of
DEVELOPER to perform or comply with any of the terms of this Agreement. In case
any action, suit or proceeding is brought against CITY by reason of such occurrence,
DEVELOPER will, at DEVELOPER'S expense and discretion, either defend such
action, suit or proceeding, or cause the same to be defended by counsel approved
by CITY, which approval will not be unreasonably withheld.
To the extent allowed by law, CITY will indemnify and save harmless DEVELOPER
from and against all liabilities, obligations, claims, damages, penalties, causes of
action, costs and expenses (including, without limitation, reasonable attorneys ' fees
and expenses) imposed upon or incurred by or asserted against DEVELOPER by
reason of (a) any act or omission of CITY or (b) any failure on the part of CITY to
perform or comply with any of the terms of this Agreement. In case any action, suit
or proceeding is brought against DEVELOPER by reason of such occurrence, CITY
will, at CITY'S expense and discretion, either defend such action, suit or proceeding,
or cause the same to be defended by counsel approved by DEVELOPER, which
approval will not be unreasonably withheld.
9. This Agreement shall be binding upon the parties hereto and their heirs, successors,
and assigns, and the sale by DEVELOPER of any or all of the lots shown on the Plat
shall transfer obligations of DEVELOPER to the successor(s) in interest.
rd
10. CITY'S obligations under this agreement are expressly conditioned upon the
approval of this agreement by the City Council of the City of Dubuque, Iowa.
11. The parties shall submit any dispute, controversy or claim arising out of, relating to,
or having any connection with this Agreement to arbitration in Dubuque, Iowa in
accordance with the commercial arbitration rules, then obtaining, of the American
Arbitration Association ( "AAA "), except to the extent modified herein, and agree to
abide by the arbitral decision and award. Judgment upon the award shall be final
and binding and may be entered by any court of competent jurisdiction. This
Agreement shall be construed in accordance with the laws of the State of Iowa
excluding any conflict of laws provisions.
Dated: ww , 2011
CITY OF DUBUQUE, IOWA
By; z"--t�
Roy D uol, Mayor
CALLAHAN CONSTRUCTION, INC.
(DEVELOPER)
LIM
Attest:
1
By:
J anne F. Schneider, CIVIC
ity Clerk
Callahan
5
STATE OF IOWA
SS:
DUBUQUE COUNTY )
On this day of t,� , 2011, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared ROY D. BUOL and
JEANNE F. SCHNEIDER, to me personally known, who being by me duly sworn, did
say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a
municipal corporation; that the seal affixed to the foregoing instrument is the corporate
seal of the corporation; that said instrument was signed and sealed on behalf of the
corporation by authority of its City Cgund l, as No. 2i&
in Resolution No. &
passed by the City Council on the day of , 2011, and that ROY D. BUOL
and JEANNE F. SCHNEIDER acknowledged the execution of the foregoing Instrument
to be their voluntary act and deed and the voluntary act a ed of th rporation, by
it and by them voluntarily executed. /
SUSAN M. WINTER
z COMMISSION NO.183274 &A�
MY COMMISSION EXPIRES N ary Public in and for said State
owl 2114114
STATE OF IOWA )
) ss:
COUNTY OF DUBUQUE )
On this day of 2011, before me, the
undersigned, a Notary Public in and jbr said County and State, personally appeared
Joel Callahan, to me personally known, who, being by me duly sworn, did say that he is
the managing member of said � �5C , that no seal has been procured by
said limited ('ability company; that this" instrument was signed on behalf of
(c� 'nnd that the said 0 as such officer
acknowledged the execution of said instrument to be the volun ary act and deed of said
limit d by him voluntarily executed.
MAELINDA RETTEN®ERGER
Comminlon Number 125
.,w. My Com nlsslon Expires`
�°'
Not dry Public in and 0 said State
F:\ USERS \LCARSTEN \WP\ZONING \Callahan Phase 2\ CallahanDevelopmentAgreement _Phase2_032911final.docx
M
Attorney's Certificate
Dubuque, Iowa April 5 , 2011
TO WHOM IT MAY CONCERN:
This will certify that I have examined the abstract of title covering LOT A OF WESTBROOK SUBDIVISION, IN
THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, according to plats thereof covering the period from
government entry to March 29, 2011, at 8:00 a.m.
certified on that date by Dubuque County Abstract & Title Company,
and find that said abstract shows good and merchantable title to said real estate in
CALLAHAN CONSTRUCTION, N C.
free and clear of all liens and encumbrance nd shows t- s paid i luding e year 2009 - 2010
Atto
* *except for a mortgage to American Trust & Savings Ban
as Ins. No. 2010 -3697 of the records of Dubuque County,
UNSATISFIED of record; and easements, ordinances, noti
agreements of record. City of Dubuque Planning Services
Dubuque, Iowa
The foregoing Final Plat of: WESTBROOK SUBDIVISION NO. 2, and the dedication of LOT L (NORTH
WESTBROOK DR.), LOT M (TRAILS EDGE DR.), LOT N (SOUTH WESTBROOK DR.), LOT 0 (Detention
Basin), LOT P (Detention Basin), LOT Q (Park Area), LOT R (Open Space), and all easements shown to the
public, is hereby approved by City Planner of the City of Dubuque, Iowa and approval of said plat by the City
Council of the City of Dubuque is hereby recommended.
Dubuque, Iowa
Planning Services 12epartment
By:
City Planner of the City of Dubuque, IA
City of Dubuque, Iowa
Sheet 4 of 5
- at- Law ennifer A. Clemens - Conlon
dated March 22, 2010, filed March 24,1 2010
A, securing $4, which is
s, restrictive covenants, resolutions and
Ape r 3 , 2011
The undersigned, Roy D. Buol, Mayor and Jeanne Schneider, Clerk of the City of Dubuque, Iowa, do hereby
certify that the foregoing Final Plat of: WESTBROOK SUBDIVISION NO. 2, and the dedication of LOT L
(NORTH WESTBROOK DR.), LOT M (TRAILS EDGE DR.), LOT N (SOUTH WESTBROOK DR.), LOT 0
(Detention Basin), LOT P (Detention Basin), LOT Q (Park Area), LOT R (Open Space), and all easements
s wn lo the public, as appears heretofore has been filed in the office of the City Clerk of Dubuque, Iowa on
// as resolution No. /o? "` // and that the City Council of the City of
ubuque, Iowa approves said plat.
Mayor •' the City of Dubuque, IA
Jerk of the City of Dubuque, IA
Sheet 5 of 5
County Treasurer's Certificate
Dubuque, Iowa 2011
I, the undersigned, Eric Stierman, Treasurer of Dubuque County, Iowa, do hereby certify that all taxes levied
against LOT A OF WESTBROOK SUBDIVISION, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA,
have been paid and said real estate is free from taxes as of this date.
Treasurer of Dubuque County, Iowa
COUNTY AUDITOR
Dubuque, Iowa .12011
The foregoing Final Plat of: WESTBROOK SUBDIVISION NO. 2 was entered of record in the office of the
Dubuque County Auditor this day of .2011.
We approve of the subdivision name or title to be recorded.
County Auditor of Dubuque, Iowa
City Assessor's Certificate
Dubuque, Iowa 12011
The foregoing Final Plat of: WESTBROOK SUBDIVISION NO. 2 was entered of record in the Office of the
City Assessor of the City of Dubuque, Iowa, on the date first written above.
City Assessor of the City of Dubuque, Iowa
Recorder's Certificate
Dubuque, Iowa '2011
The foregoing Final Plat of: WESTBROOK SUBDIVISION NO. 2 has been reviewed by the Dubuque County
Recorder.
Dubuque County Recorder
SUBDIVISION STAFF REPORT
Property Address:
Property Owner:
Applicant:
Number of Lots: 43
Acreage in R.O.W: 1.13 acres
Total Area: 13.649 acres
In City: Yes
In 2 -Mile Area: Yes
Flood Plain: No
Westbrook Subdivision No.2
Callahan Construction, Inc.
Joel Callahan
Proposed Land Use: Residential
Existing Land Use: Vacant
Adjacent Land Use: North — Residential
East — Industrial
South — Commercial
West — Agricultural
Previous Conditions of Zoning or Plats: None.
Density Allowed: 1/5,000
Commonly owned lots: None
Sanitary Sewer: Yes
Water: Yes
Storm Sewer: No
Existing Street Access: Yes
Proposed Zoning: R -2
Existing Zoning: R -2
Adjacent Zoning: North — AG
East — PI
South — CS /R -4
West — R -2
Physical Characteristics: The subject parcel is partially graded and is the second phase
of Westbrook Subdivision. The property generally slopes to the south and has
moderate slopes on the property.
Proposed Phasing: Phase 1 includes all the commercial parcels and approximately 48
R -2 Two - Family residential Tots. Phase 2 will include 43 residential lots and a five -acre
parcel dedicated as park/open space.
Dedication of Open Space or Public Amenities: The applicant proposes to dedicate
approximately five acres (Lot Q and Lot R) to the City as open space and park land as
part of Phase 2.
Proposed Streets and Grades: The applicant is proposing to extend three existing
streets to be dedicated to the public. The streets vary in grade from 3% to 8 %.
Recommended Motion: Motion to approve the submitted Final Plat of Westbrook
Subdivision No. 2 as it is in substantial compliance with the Unified Development Code.
Subdivision Staff Report — Westbrook Subdivision No. 2 Page 2
Conformance with Comprehensive Plan: The Land Use Map of the Comprehensive
Plan designates the property for a mixture of commercial and residential development.
The subject subdivision involves the following Comprehensive Plan Goals: Land Use
and Urban Design Element: 1.5, 1.8, 7.2 and 9.3.
Impact of Request on:
Utilities: City water and sewer can be extended to serve the subject property. The
City utilities have adequate capacity to serve the proposed development.
Traffic Patterns: The second phase of Westbrook Subdivision will generate
approximately 410 Average Daily Trips (ADT). The vehicle trips will utilize Seippel
Road for access to and from the subdivision.
Public Services: Existing public services are adequate to serve the second phase
of Westbrook Subdivision.
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control is provided during all phases of development.
Adjacent Properties: The proposed development will increase the number of
vehicle trips on Seippel Road and will increase the ambient Tight and noise level of
the surrounding area.
Recommended Conditions on Plat: None.
Staff Analysis: The submitted Final Plat of Westbrook Subdivision No. 2 encompasses
approximately 13 acres and is located north of the Dubuque Industrial Center West,
and east of Seippel Road. The submitted Final Plat includes 43 residential lots zoned
R -2 and dedicates approximately five acres to the City for park/ open space.
The streets serving the R -2 residential Tots are a design standard approved by the City
Council as part of the preliminary plat that allows for a 27 -foot wide street within a 42-
foot right -of -way. Parking is restricted to one side only on these streets. This street
design is intended to reduce the cost of installation of new public streets by reducing
the width of paving and reduces runoff as well. However, with only one side available
for parking, more travel lane width is available when compared to the 31 -foot wide
street with parking on both sides.
The subdivision is served by City water and sanitary sewer systems. Extension of
water and sewer throughout the remaining portions of the subdivision has been
reviewed and approved by City staff.
Subdivision Staff Report - Westbrook Subdivision No. 2 Page 3
The applicant has provided space for construction of storm water detention basins in
Lots 0 and P. The City of Dubuque will take over maintenance of these detention
basins once more than 80% of the lots have been built on in Westbrook Subdivision.
The second phase of the subdivision will achieve 80 sustainability points as required to
qualify for sustainable development incentives. The developer is utilizing the following
sustainable practices:
Points Sustainable Subdivision Development Tools
30 Solar subdivision
20 Park and open space
5 Reduced pavement width (27 -feet back of curb to back of curb) for all
public streets, with parking restricted to one side
5 50% Green Building Code for Phase 2
5 Planting of private trees, with conditions in the Phase 2 covenants
5 Native plantings in the park subject to City Planner review and approval
5 Wetlands maintained for innovative stormwater infiltration in the park
5 Native plantings or other innovative infiltration tool in the detention basins,
subject to City Planner and City Engineer's review and approval
The developer will, in return, be allowed to utilize an Assessment Guarantee for
Improvements in lieu of bonds and a letter of credit in the amount of 25% for
construction costs. In addition, PVC pipe will be allowed to be used for water mains
within the subdivision.
The applicant is also proposing to dedicate approximately five acres to the City of
Dubuque for park and open space. This property is located in the northeast corner of
the subdivision, and while a portion of the property is encumbered by a drainage way
and wetlands, there is adequate space for a playground area. The proposed
playground area will be adjacent to the public streets. A portion of the area will be
developed with playground equipment and a pavilion (Lot Q) with the balance of the
property seeded with a mixture of wild flowers and native grasses (Lot R).
The submitted Final Plat of Westbrook Subdivision No. 2 is in substantial compliance
with City of Dubuque Unified Development Code, and staff would recommend that it be
approved.
Prepared by: 'Kite Reviewed: TN.M4
Date: 63 -2j -4'
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210
Return to: Jeanne Schneider, City Clerk Address: City Hall, 50 W. 13 St Telephone: 589 -4121
RESOLUTION NO. 123-11
A RESOLUTION AUTHORIZING APPROVAL OF THE FINAL PLAT OF WESTBROOK
SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Westbrook
Subdivision No. 2 in the City of Dubuque, Iowa; and
Whereas, upon said final plat appear streets to be known as North Westbrook
Drive (Lot L), South Westbrook Drive (Lot N), and Trails Edge Drive (Lot M) together
with certain public utility, storm sewer and water main easements, stormwater detention
facilities (Lot 0 and Lot P) and park and open space area (Lot Q and Lot R) which the
owner by said final plat has dedicated to the public forever; and
Whereas, said plat provides 0 feet of frontage for Lot 0, Lot P and Lot R, where
50 feet is required by Section 16- 11 -14(B) of the Unified Development Code; and
Whereas, the preliminary plat has been examined by the Zoning Advisory
Commission and its approval has been endorsed thereon; and
Whereas, said final plat has been reviewed by the City Planner and her approval
has been endorsed thereon, subject to the owner's agreeing to the conditions specified
herein; and
Whereas, said final plat has been examined by the City Council and the City
Council find the final plat conforms to the applicable statutes and ordinances, except
that streets and public utilities have not yet been completely constructed or installed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the dedication of North Westbrook Drive (Lot L), South
Westbrook Drive (Lot N), Trails Edge Drive (Lot M), and park land (Lot Q) and the
Final Plat — Westbrook Subdivision No. 2
Page 2
easements for public utilities, storm sewer and water mains, as they appear on said
final plat, be and the same are hereby accepted; and
Section 2. That the dedication of Lots 0 and P (detention areas) and Lot R
(open space) are not accepted at this time. Acceptance of these said lots will be at a
later date by quit claim deed upon completion and acceptance of certain improvements
and /or conditions.
Section 3. That Section 16- 14 -11(B) of the Unified Development Code is
waived to allow Lot 0, Lot P, and Lot R to have 0 feet of frontage, where 50 feet of
frontage is required; and
Section 4. That the final plat of Westbrook Subdivision No. 2 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 of the attached conditions
and further agree:
(a) To reduce North Westbrook Drive (Lot L), South Westbrook Drive
(Lot N), and Trails Edge Drive (Lot M) to grade and to construct
longitudinal sub - drain, concrete curb and gutter and to hard surface
with asphaltic concrete with integral curb, or with concrete paving
with integral curb, all in accordance with the City of Dubuque
standard specifications in a manner acceptable to the City
Engineer, in conformance with construction improvement plans
approved by the City Engineer, and inspected and approved by the
City Engineer.
(b) To install sanitary sewer mains and sewer service laterals 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 in a manner acceptable to the
City Engineer, and in accordance with construction improvement
plans approved by the City Engineer, and inspected and approved
by the City Engineer.
(c) To construct a sidewalk along North Westbrook Drive and South
Westbrook Drive frontage of Lot Q in accordance with City of
Dubuque Standards and Specifications.
(d) To construct the improvements outlined in (a), (b) and (c) above
within two years from the date of acceptance of this resolution, at
the sole expense of the owners, or future owner.
Final Plat — Westbrook Subdivision No. 2
Page 3
(e) To maintain the improvements outlined in (a), (b) and (c) above for
a period of two (2) years from the date of the acceptance of those
improvements by the City Council of the City of Dubuque, Iowa, at
the sole final expense of the owners, or future owner;
To provide security for the performance of the foregoing conditions
specified in this Section in such form and with such sureties as may
be acceptable to the City Manager of the City of Dubuque, Iowa.
Section 5. That sidewalk installation shall be the responsibility of each lot
owner for each lot abutting the public rights -of -way, including Tots with multiple
frontages, as required by City Code Chapter 10 -1 -2 (Sidewalk Installation and Repair).
Section 6. That the owner must continue to own and maintain Lot 0 and Lot P
of Westbrook Subdivision No. 2 and stormwater detention facility until (1) the facility has
been fully completed, (2) 80% of the platted lots on Lots 1 thru 48, inclusive of Block 1
of Westbrook Subdivision and Lots 1 thru 43 inclusive, of Westbrook Subdivision No. 2,
and subdivisions thereof have been fully developed, and (3) adequate erosion control
measures, as approved by the City Engineer have been installed on the remaining 20%
of the Tots. Acceptance of said Lot 0 and Lot P and the detention facility must be by
the City Council as required by the Unified Development Code. Upon the City's
acceptance of the detention facility, the inspection, administrative and maintenance
expenses incurred by the City of Dubuque for the storm water detention facility (Lot 0
and Lot P Westbrook Subdivision No. 2) shall be assessed against the property
owners, except the City of Dubuque, of all phases of Westbrook Subdivision as
indicated above and on the preliminary plat, in equal amounts, and 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 7. That the planting of street trees shall be coordinated with the City
Forester. Any trees planted within the street right -of -way must be chosen and planted
by the City of Dubuque Leisure Services Department at the developer's expense.
Section 8: That the owner must continue to maintain designated wetlands
within Lot R until such time as documentation is provided to the City that the wetland
areas within Lot R are in full compliance with Corps of Engineers regulations. That the
owners shall install a one -inch water service line to serve Lot Q with a shut -off valve
and a capped copper service lateral installed eight (8) feet beyond the valve to allow
future access to lateral at a location to be determined and agreed upon. That Lot Q
must be graded by the owner to be fully accessible per ADA regulations. That a
driveway approach on Lot Q be installed by the owner at a location to be determined
and agreed upon.
(f)
Final Plat — Westbrook Subdivision No. 2
Page 4
Section 9. That the final acceptance of the public improvements shall only
occur upon certification of the City Engineer to the City Council that the public
improvements have been completed in accordance with the approved improvement
plans and City standards and specifications and accepted by City Council Resolution.
Section 10. That in the event Callahan Construction, Inc. fails to execute the
acceptance and furnish the guarantees provided hereof within 180 days after 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.
Attest:
Passed, approved and adopted this 4th day of
anne F. Schneider. -
City Clerk
April
2011.
Roy, Buol, Mayor
ACCEPTANCE OF RESOLUTION NO. 123-11
I, the undersigned, Joel Callahan, representing Callahan Construction, Inc.,
having read the terms and conditions of the Resolution No. 123 -11 and being familiar with the
conditions thereof, hereby accept this same and agree to the conditions required therein.
Dated in Dubuque, Iowa this 4th day of
April
2011.
By
/Joel Callahan