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Plat of Survey_Catfish Creek Place (1500 Miller Road)Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589 -4221 fax (563) 690 -6678 TDD planning@cityofdubuque.org The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Applicant: T. J. Faley Location: 1500 Miller Road Description: Plat of Survey Catfish Creek Place Dear Mayor and City Council Members: THE CITY OF Masterpiece on the Mississippi Dubuque AHmeticacnr 'III', 2007 February 6, 2012 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 Janet Faley spoke in favor of the request, noting she would like to acquire Lot 1. Staff Member Kritz reviewed the staff report, noting that the plat will split one parcel into two. He noted the location of the flood plain and roadway easement. He said that Lot 1 has no frontage on a public or private street and will be labeled non - buildable. He said that access to the applicant's property will be through their existing lot. He recommended approval of the plat. There were no public comments. The Zoning Advisory Commission discussed the request and felt it is appropriate. Recommendation By a vote of 4 to 0, the Zoning Advisory Commission recommends that the City Council approve the request, subject to waiving the lot frontage requirement for Lot 1. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, ko6 Charles Miller, Chairperson Zoning Advisory Commission Service People Integrity Responsibility Innovation Teamwork THE CITY 0 DUB Masterpiece on the Mississippi ❑Variance ❑Conditional Use Permit ['Appeal ['Special Exception ['Limited Setback Waiver ❑Rezoning /PUD Dubuque liiiIr 2007 PLANNING APPLICATION FORM ❑Preliminary Plat OMajor Final Plat ['Minor Final Plat ['Simple Site Plan ['Minor Site Plan ❑Major Site Plan Please type or print legibly in ink Property owner(s): Robert A. Allen Address: 1500 Miller Rd MI Simple Subdivision ❑Text Amendment ❑Temporary Use Permit ❑Annexation ❑Historic Revolving Loan ❑Historic Housing Grant Planning Services Department City Hall — 50 W. 13th Street Dubuque, IA 52001 -4864 Phone: 563 - 589 -4210 Fax: 563 -589 -4221 plannine acitvofdubuaue.orq ❑Certificate of Appropriateness DAdvisory Design Review (Public Projects) ❑Certificate of Economic Non - Viability ❑Historic Designation ❑Demolition in Conservation District ❑Port of Dubuque Design Review Li3_si> Pt..6 i (LOT AFL. -.t7 563 -583 -3898 Phone: Dubuque IA 52003 City: State: Zip: Fax #: Cell #: E -mail: Applicant/Agent: TJ Foley Address: 1550 Innovation Drive Dubuque Phone: 563 - 556 -3911 IA 52002 City: State: Zip: &maiktjf@iwimotorparts.com Fax #: Cell #: Site location /address: 1500 Miller Road Neighborhood Association Existing zoning: Proposed zoning: District: Landmark: ❑Yes ONo Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): 1502228002 Total property (lot) area (square feet or acres): 5.14 Acres Describe proposal and reason necessary (attach a letter of explanation, if needed): Divide existing parcel 1-n sell area of parcel southerly of Catfish Creek to adjacent land owner. CERTIFICATION: I /we, the undersigned, do hereby certify /acknowledge that: 1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written and graphic materials are attached, Property Owner(s): ( 1� � � Date: //I-7/20/-2._ Applicant /Agent(s): C Date: FOR OFFICE USE ONLY Fee: 4-13 Received by: -I J� Date: I Docket: ,_ . ._ .ill` PREPARED BY: IIW, P.C. 4155 PENNSYLVANIA AVE DUBUQUE, IOWA (563) 556 -2464 LOT 2 -1 -1 MINERAL LOT 510 PLAT OF SURVEY CATFISH CREEK PLACE IN THE CITY OF DUBUQUE, IOWA LOT 2 GERALD PLACE 179'1217 E 144 68' / LOT 1 -1 GERALD PLACE LOT �� ', OT 499 o MINERAL CO CA co w 0 LOT 2 m PINCHUCK- HERRIG PLACE SEE DETAIL A / ROPE —\s B'RCW / / ` t40 LOT 2 PINCHUCK- HERRIG PLACE oe, LOT 2 x 2.79 AC. TOTAL �1p 0.14 AC. ROW 2.65 AC. NET 5 i SEE DETAIL C • CENTERLINE EXISTING 0 20' SANITARY SEWER EASEMENT INST. NO. 1264 -78 DETAIL A NO SCALE DETAIL B NO SCALE LFGFND PLAT BOUNDARY • FOUND 1" IRON PIPE UNLESS NOTED FOUND 5/6" IRON ROD W/ ▪ CAP NO. 4016 UNLESS NOTED SET 5/8" IRON ROD W/ YELLOW CAP NO. 11306 SET MAC NAIL RIGHT -OF -WAY RECORD INFORMATION 0 ROW ( ) DETAIL C NO SCALE LOT 1- 1 -1 -2- 1-1-1-1-1-1-1 MINERAL LOT 499 LOT 1 PINCHUCK- HERRIG PLACE UNE, REARING DIST. L1 560'27'40 "E 64.68' L2 503'57'01 "E 64.33' L3 536'02'59 "E 64.07' L4 558'59'33 "E 81.58' L5 S77'21'05 "E 123.43' L6 N43'54'01 "E 111.26' L7 NO5'47'17 "W 48.12' L8 N89'4616 "W 54.00' L9 561'06'48 "W 58.36' / L10 N29'32'57 "W 36.98'/ L11 N11'02'52 "E 101.18' L12 N69'37'35 "E 84.39' L13 N65'57'21 "E 64.22' L14 N69'37'35 "E L15 N65'57'21 "E 59.45' N L16 169'37135 "E 93.82' \ L17 N65'57'21 "E 56.10' 1 1/4' 10.93' (10.92') LOT 1 2.35 ACRES NON— BUILDABLE Agzg9 y3 585'48'49 "E 130.88' (130.79') APPROX. CENTERLINE CATFISH CREEK AND LOT LINE S86•07'18 'E 129.94' (130.27) 95, 4.1U p5 PTES N• Ny{tST Ay3 T�6E , 56e L01B 9I LOT 26 TYMBER -HYRST ESTATES CAP NO 12631 /2 LOT 27 TYMBER -HYRST ESTATES DESCRIPTION: LOT 2 OF THE CORRECTION PLAT OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF MINERAL LOT 499 IN SECTION 2, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN, BEING IN TABLE MOUND TOWNSHIP, DUBUQUE COUNTY, IOWA PROPRIETOR: ROBERT A. ALLEN SURVEYED FOR: TJ FALEY DATE OF SURVEY: DECEMBER 12, 2011 .�nlllll�l�l�l)Illuu... NORTH GRAPHIC SCALE 0 100 200 MINIM 1 "= 100' DRAWING MAY HAVE BEEN REDUCED NOTE, THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICT ONS AND RIGHTS —OF —WAY OF RECORD AND NOT OF RECORD. I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED vH f AND THE RELATED SURVEY WORK WAS PERFORMED BY ME DR UNDER MY • • DIRECT PERSONAL SUPERVISION AND THAT I NA A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA, FOR IIW. P.0 AJ A UIILDERS4 LICENSE NO 11306 DATE MY UCENSE RENEWAL DATE IS 12/31/2013 SHEETS 1 & 2 PAGES OR SHEETS COVERED BY THIS SEAL 11 DRAWN ARC P WIT6r2 CHECKED WAC P 03. 110 11746 DATE 01 -13 -12 S EET I of 2 P.\ 11 \700 \746\GRAIWIDS \EURVEY12174RL Masterpiece on the Mississippi TO: Zoning Advisory Commission FROM: Kyle L. Kritz, Associate Planner 11:1.4• SUBJECT: Plat of Survey — Catfish Creek Place Dubuque All America Cily 2007 January 20, 2012 INTRODUCTION The submitted Plat of Survey of Catfish Creek Place subdivides an existing parcel into two new lots. The Zoning Advisory Commission is reviewing the plat as Lot 1 does not have frontage on a public or private street. DISCUSSION The submitted Plat of Survey of Catfish Creek Place subdivides an existing 5.14 acres of property into two new lots. The subject property lies between Timber -Hyrst Estates and Miller Road in the southern portion of the city of Dubuque. Lot 2 complies with City Subdivision requirements for sufficient lot area and lot frontage. Miller Road has a 40- foot right -of -way easement through a portion of Lot 2. Lot 1 does not have frontage on a public or private street. The submitted Plat of Survey designates Lot 1 as non - buildable. Lot 1 is also completely within the floodplain of the Catfish Creek and the City's Floodplain Development Regulations will also make it exceedingly difficult to build on this parcel. Lot 1 will be sold to the owner of Lot 26 Timber -Hyrst Estates, which does have frontage on Creekwood Drive. RECOMMENDATION Staff recommends the submitted Plat of Survey of Catfish Creek Place be approved subject to waiving lot frontage requirement for Lot 1. KLK /mkr Attachments Prepared by: Laura Carstens, Citv Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Kevin Firnstahl. Acting Citv Clerk Address: City Hall- 50 W. 13th St Telephone: 589 -4121 RESOLUTION NO. 37 -12 RESOLUTION APPROVING THE PLAT OF SURVEY CATFISH CREEK PLACE IN CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey Catfish Creek Place in the city of Dubuque, Iowa ; and Whereas, said Plat of Survey provides 0 feet of frontage for Lot 1 on a public or approved private street, where 50 feet of street frontage is required by Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Plat of Survey 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 THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 0 feet of frontage on a public street or an approved private street for Lot 1. Section 2. That the Plat of Survey Catfish Creek Place 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 Plat of Survey. Attest: Passed, approved and adopted this 20th day of February 2012. f7 Kevin erns ahl, City Roy D. oI, Mayor Sheet 2 of 2 SURVEYOR'S CERTIFICATE I, Wray A. Childers, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the following real estate was surveyed and platted by me or under my direct personal supervision, To Wit: Lot 2 of the Correction Plat of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 499 in Section 2, Township 88 North, Range 2 East of the 5th Principal Meridian, being in Table Mound Township, Dubuque County, Iowa. This survey was performed for the purpose of subdividing and platting said real estate henceforth to be known as Catfish Creek Place in the City of Dubuque, Iowa. Containing 5.14 acres, more or Less, and 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. OWNER'S CONSENT , Iowa Jan ILA 17 , 20/2. The foregoing plat of Catfish Creek Place in the City of Dubuque, Iowa, is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. By State of Iowa ) County of ) ss: On this / 7 day of 20 /a,.before me, the ndersigned, a Notary Public in and for the State of Iowa, personally appeared l� e Uzivi- Q _Gf..,QQr -,-v and to me personally known, who being by me duly sworn, did say that they are the and respectively, of' said corporation and that the instrument was signed on behalf of' said corporation by authority of its Board of Directors; and the said and acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ROSE M. LOBIANCO Commission Number 153652 My Comm. Exp. /v / 442 _ Dubuque, Iowa Notary Public in and for State of Iowa My Commission Expires: /07 f3 PLANNING SERVICES `; ,20 /z The foregoing plat of Catfish Creek Place in the City of Dubuque, Iowa, or within the two mile jurisdiction of the City of Dubuque, Iowa, as defined under Section 354 of the Code of Iowa, has been reviewed by the City Planner, (or designee) of the City of Dubuque in accordance with Article 11: Land Subdivision of the City of Dubuque Unified Development Code, and said approval has been endorsed herein on the date first written above. Planning Services Division City of Dubuque, Iowa City Planner — Laura Carstens ZONING ADVISORY COMMISSION Dubuque, Iowa /4"—i- J u rc-y / , 20/2 The foregoing plat of Catfish Creek Place in the City of Dubuque, Iowa, is hereby approved by the City of Dubuque Zoning Advisory Commission and approval of said plat by the City Council of the City of Dubuque, Iowa, is hereby recommended. Chairman, Dubuque Zoning Advisory Commission CITY COUNCIL Dubuque, Iowa February 20 , 2012 The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing plat of Catfish Creek Place in the City of Dubuque, Iowa, has been filed in the office of the Clerk of the City of Dubuque, and that by Resolution No. 3 7-12 the D Duque City Council approved said plat. Roy 0. Buol Mayor of th • .fic-rdidrA0r-_■46•r:.'ilL/4 Kevin S t sta Clerk o the City of Dubuque COUNTY AUDITOR Dubuque, Iowa , 20 The foregoing plat of Catfish Creek Place in the City of Dubuque, Iowa, was entered of record in the office of the Dubuque County Auditor this day of , 20_. We approve of the subdivision name or title to be recorded. Denise M. Dolan County Auditor of Dubuque, Iowa CITY ASSESSOR Dubuque, Iowa , 20 The foregoing plat of Catfish Creek Place in the City of Dubuque, Iowa, was entered of record in the office of the Dubuque City Assessor this day of , 20 . Richard A. Engelken Dubuque City Assessor RECORDERS CERTIFICATE Dubuque, Iowa , 20 The foregoing plat of Catfish Creek Place in the City of Dubuque, Iowa, has been reviewed by the Dubuque County Recorder. Kathy Flynn Thurlow Dubuque County Recorder