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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 Z O a 0 0 EN K O 50 00 50 00 5000' 5000' 50 00' 50 00 6200 SF 5000 S 120 00' 2 12 499 SF 12000 XA NORTH WESTI3ROOK- ORNiE - - LOT L 589•49'46 "E 310 00' 25.992 SF C 583] SF 6 5833 SF 21 5833 SF 41 5833 5633 S 5833 - 22 ° 5833 SF 60 04 n � 6 00E 40 5 ROW 589'4946 "E 23100' °. 5 3 SF 19 6000 SF 6 39 5 ; °. 58 ]3 SF 24 5833 SF 18 6000 SF 5 "• 6330 SF 38 77' s 7688 SF 668__ 38 /. 10.046 SF \) 130 59' 72 26 . 7 5F 27 P. 5833 5 6789 5F . 7,83 OF •0W 89'49'46 "0 35400' LOT M A o- mo TRAILS E-DGE DRIVE 15,368 5, 6 . 98949'46 "E 35400' • _ I 31 28 26 Im 90,1' 62100 5400 100 0019' 10031 t9 00 50 00 50 00 50 CO 50 00 46 45 B L 0 C K 60 0 50 00' 5000 50 OC 5000 540 5000 5000 5000 5000 500 N 89'49'46 E 304 00 - +RAH.:- 696E -BREVE N 69 "49'46' E 304 00' 5000 5000 5000 1 500 50 00 50 00' 5000 5000 5100 C -2E , 2.734 5F 154 99' 17,423 SF 5000 5 SF S 5800 SF LOT P 11.709 SF N 8918'38" F 14646 14652 500 — - - -- +V6RT1+- WESTOROe+E 0R+VE - - - - - �o- 0 � 2 • 65 07' ° N 89 49'46' E 406 11' rt • • •" Y 17 O F7 65 — 4L 18 48 65 54' 100 23' 100 ]5 20 • 10039' 8 ,554' LOT C • -• S • N 89'4946" E 415 07' 33 K 34 N 89'49'46' E 48547' 180 0 50 00 50 0 36 ° 0 37 \ T 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 3 180 00 • GBD 0 ( EPUE ESSE PUE SSE SSWE STDE N 8908'38' F 732 05 18117' 18513 THIS IS AN ASSUMED BEARING FOR THE PURPOSES OF THIS SURVEY ONLY 7583 0 9313 80 9'46' 64160 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 �_ 1 111 1 0 1 o i 1 1 1 1 N 1 1 Is / 0 59' 261 589'2023) 189 42(189 42 ) u L_ Ge9 25' ESSE R ST 2009 -17506 L AND of /77// X 4 0 _= Uo TERRY L J e KOELKER 15487 No//101 v P \ \ \ -C 4 3 _ s 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 co z Q 0_ 0 UT z 0 UT LU UT w Q 0 0`3 07 0 0 O z F) U� 0 00 UT F- O '0 N CO CO 0 Y Cu) LJ U CV N LU Q U (n W F- N Lr) N 0 z z O Q 5 _J d El m J � Q z z 0 0 El m F- L Li SHEET OF 100 a0 0 0 SUBDIVISION °- 100 00' 50 9 o m " 28 00' 3 vo ° � c o Z 58 33 31 c° 00 5833 SF ° 58 33' z c ° - 5833 SF ° 58 33 z ° • C 5833 SF ° 51 N 89' ,00 001 I o >100b8IS]M 'lo o r6 lis, 00 001 1 50 39 m o i 50 00 00' 3 a o 2 2 0 - z 58 33' g° 21 °� 5833 SF ° - 8 58.33' 58 33' z 5 ° � 5833 SF °- F 58 33' 58 33' z 5 � 23 0 - 5833 SF ° 51 58 33' 50 1 m O 9 00 - da C Y " 0o E Ed z 50 00 o p C ° 43 0 SF ° - 0 00' 58 33 z g 42 0° o A - 5833 SF °- 51 58 33' 58 33 z ° '08 41 - 5833 SF °- 51 58 33' 58 33 - - z ° o ° 40 ° - 5833 SF ° 51 58 33' 50 0 ° 26 50 00' 0 ° 00' 89'49 46 3 a'o 27 0 c m z i 50 00' 5 0 32 08- - 5833 SF °- 58 33' z ° _ 0 33 0- - 4 5833 SF °- 51 L 58 33' N 89' z o 34 0 . 5833 SF ° 51 58 33' CURVE CHORD BEARING CHORD LENGTH RADIUS ARC LENGTH DELTA 0-1 645'10'14 "W 206 48' 146 00' 229 34' 90'00'00" C -1A 679'18'49 "W 55 00' 146.00' 55.33' 21'42'49" C -1B 656'35'58 "W 60 00' 146 00' 60 43' 23'42'54" C -1 C 632'10'53 "W 63 50' 146 00' 64 01' 25'07'14" 0 -10 N 9'53'45 "W 49 33' 146 00' 49 56' 19'27'02" 0-2 644'49'46 "E 206 48' 146.00' 229 34' 90'00'00" C -2A N 2'50'07 "E 15 31' 146.00' 15 32' 6'00'42" 0-28 617'23'53 "E 58.50' 146.00' 58 90' 23'06'50" 0-20 643'25'57 "E 73.00' 146 00' 73 78' 28'57'18" C -20 672'06'13 "E 71 60' 146 00' 72.33' 28'23'13" 0-2E 688'03'47 "E 9.00' 146 00' 9.00' 3'31'57" 0-3 644'49'46 "E 147 08' 104 00' 163 36' 90'00'00" C -3A 645'55'53 "E 144 22' 104 00' 159 36' 87'47'45" C- 3B N 0'55'53 "E 4 00' 104 00' 4 00' 212'15" 0-4 64510'14 "W 147 08' 104 00' 163 36' 90'00'00" C -4A N 1'16'22 "W 4 00' 104 00' 4 00' 212'15" 0-49 64616'22 "W 144 22' 104 00' 159 36' 87'47'45" LINE BEARING DIST L1 N45'10'14 "W 14.14' L2 N44'49'46 "E 14 14' L3 689'49'46 "E 42 00' z 0 0 50 00 8 - - -I - -- 50 00' 0 N tGT� .j - 1 A 50 DO 42 50 00' 0 ° ca 500 4 z 50 00 60.00 0 0 W m 6200 SF ROW 60 00' ROW 180 00 50 00 SOUTHERLY 10 25 ACRES OF THE NW1 /4 NW1 /4, SECTION 30, T89N, R2E N 89 °18'38" E 1197 08' k o a O o ° 40 z ROW ROW 60 00 60 00' 3 B L O C 120 00' 12,499 SF 120 00' z 60 00 ° 4_ N 6298 SF a_ 60 00 689'49'46 "E 301 00' NORTH- WESTBROOK DRIVE- 689'49'46 "E 310 00' ROW b N89'49'46 " E 231 00' O 60.00 m o 2 20 19 6000 SF - a_ 6000 SF °- 60 00' z F 58 z 39 °- 5833 SF 51 58 33' 49 46 E 689'49'46 "E 354 00' z El 28 ' 5833 SF 51 9' 46" E 60 00 60 00 ° • 5 6330 SF 5 8 3 3' 58 33' z 2 24 "o A - 5833 SF 0 _ . f 51 z 60 00 0 00' z z 51 00 6 68' 0 18 0° 17 A . 6000 SF °- °, 6311 SF 66 19' ° 0 58 33' 58 33' ma-TRAILS EDGE DRIVE I N89'4946 "E 354 00' 58 33' C -2E 38 77 27 ' 5833 SF f \ T Comprised of LOT A OF WESTBROOK SUBDIVISION, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. N 8918'38" E 732.06' N 8918'38" E 146 46 146 52') Sg 46 0.3 6 7688 SF C lA LOT L 25,992 SF 58 33 58 33' 0 2 5 , SF 0 0 00 00 35 0° 36 0 37 A , 5833 SF ° a 5833 SF ° °- 7183 SF z 130 59' 62 33 26 7183 SF 72.26' 689'4 46'E 26000' LOT . "N ma SOUTH WESTBROOK- DRIVE 23,472 SF E C O �.i LOT M 15,388 SF ° 62 33_ 6, M 0 z c 208 24 z z0 )o o CU 0 0 O a a o J 0 E N 0 0 o- 42' =final Plat of: WESTBROOK SUBDIVISION NO. 2 TY 0= DUBUQUE, DUBUQUE COU \TY, OWA. LOT 0 17,423 SF z ° °_• 0 5000 SF O 689'49'46 "E 4.0 00' ml (PARK AREA) o o 'Ig LOT 0 - I I ° o 8000 SF L3 Q17 00' I N89'49'46 "E 100 00' i- s �1 J: z 1 6' 0 1 1 1 1 1 9 1 1 1 1 \ po 1 y t ,r>, U • I N N • 8 1 . I 9 N o A 6930 SF 1° I \ 1 00' A - N89'49'46 "E - 1 \ I \ 10000' o N 1 1 10 ,,1,\ O OI �- 1 ■ \ \ 1 1 C 1 • V 1 1 1 N 1 ''- 1 \ 1 1 ■ 12 5800 SF 689'49'46 "E 100 00 13 0 6268 SF 0 - 2A 484• 09'32 "W N NF A'• 01 36 14 N 8127 SF / 0. 4 N- ti L 8 LOT P - 11,709 SF 75 83' z 8 93 13' 1 1 `1 1 1 I l 1 \ I 1 1 2 1 m E55E 1 1 \ \ 1 180 00' 181 17 N N 185 13 + 20' S89'49'46" 847 60 / ES SE 4 5 EXISTING 25' LOT E K o ACCESS & UTILITY 91 92 ° I ' I I I 1 1 1 LOT R 1 4 974 AC (OPEN SPACE) I a 370 59' / // c • SF / / /' / OO / / /, nom CI' >N, 613'07'03 "E m 2 4.74' /// // ° GBD 689'20'27 "E 189 42'(189 42') , N83'33'29'1 189 96 =Lam\ —\ - - - - -_� N 0 261 29 'o w 154 99' 25' ESSE 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 CO Q TO LLT O z H U 0 a LU H H H LLI LIT H 0 0 00 z m O Y U LLI S 0 EN LUJ 0 (n N O z z 0 F Cr) Q CI 0 m J < U) z O 0 CC m H- (T) LL SHEET OF H- \ N O Y 01 z z ce °O 0 QQ 0 H = d O O a L ` O Q U W Q z J O T 0 00 W U D a < 0 0 m u ■9 IT O v 563) 556-4389 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