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Plat of Survey_Wild Rose Place No. 2Planning 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 Dubuque Itzttad �1111! 2012 Applicant: WMK Investment Properties, LLC Location: Wild Rose Lane, south of Middle Road Description: Plat of Survey of Wild Rose Place No. 2 Dear Mayor and City Council Members: THE CITY OF DUB Masterpiece on the Mississippi January 8, 2013 The City of Dubuque Zoning Advisory Commission has reviewed the above -cited request. The application, staff report and related materials are attached for your review. Discussion The applicant spoke in favor of the request, reviewing the location of the property and noting that the submitted Plat of Survey will not increase the number of lots with access to Wild Rose Lane. Staff reviewed the staff report, noting that the subject parcels were previously part of the proposed Wild Rose Estates Subdivision. That subdivision never materialized because of the City of Dubuque's concerns regarding visibility at the intersection of Wild Rose Lane and Middle Road. Staff noted that the resolution approving the Plat of Survey specifically restricts the current and future owners of Lot 1 from having access to Wild Rose Lane. There were no public comments. The Zoning Advisory Commission discussed the request and had no objection. Recommendation By a vote of 5 to 0 with one abstention, the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Charles Miller, Chairperson Zoning Advisory Commission cc: Gus Psihoyos, City Engineer Service People Integrity Responsibility innovation Teamwork THE CITY OF DUB ❑ Variance ❑ Conditional Use Permit ❑ Appeal ❑ Special Exception ❑ Limited Setback Waiver PLANNING APPLICATION FORM Rezoning Planned District Preliminary Plat Minor Final Plat Text Amendment Please type or print legibly in ink Property owner(s): WMK Investment Properties ❑ Simple Site Plan ❑ Minor Site Plan ❑ Major Site Plan ❑ Major Final Plat ❑ Simple Subdivision c/o Ken Kress Address: 17387 Humke Rd. City: Dubuque City of Dubuque Planning Services Department Dubuque, IA 52001 -4864 Phone: 563-589-4210 Fax: 563- 589 -4221 ❑ Annexation ❑ Temporary Use Permit ❑ Certificate of Economic Non - Viability ❑ Certificate of Appropriateness ❑ Other: Phone: 588 -3078 State: IA Zip: 52002 Fax Number: 588 -1799 Mobile /Cellular Number: 543 -6620 Applicant /Agent: Phone: Address: City: State: Zip: Fax Number: Mobile /Cellular Number: Site location /address: Wild Rose Lane south of Middle Road. Existing zoning: Cnty. R -2(C) Proposed zoning: Historic District: Landmark: Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): (0926176001) Total property (lot) area (square feet or acres): 43.184 ac. Describe proposal and reason necessary (attach a letter of explanation, if needed): Change of possession 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): )1/44 +c Date: Applicant /Agent: Date: FOR OFFICE USE ONLY — APPL ATION SUBMITTAL CHECKLIST Fee :/e#226. f36 Received by: �fi r Date: / /•Np • Docket: ❑Site /sketch plan ['Conceptual Develo ent Plan ❑Photo OPlat ❑Improvement plans ['Design review project description ❑Floor plan ❑Other: Plat of Survey of: WILD ROSE PLACE NO.2 DUBUQUE COUNTY, IOWA. Comprised of: LOT 2 OF WILD ROSE PLACE, DUBUQUE COUNTY, IOWA. 5000! CCU 0700011 • 504 (102000NCRETE 01010001? e IRON PIPE e (010Xe'040 () 05 /0 00 0) • 0/2 0 200 0'0020 ) 4016 YELLOW (ORPED 60 XD,E2) AR '1263PPFLI 12631 REO CRP SWIP0 9651 3127.00 GNI SOPPED '9050 12642 YELLOW GOP SWIPED 02642' PROPERTY PROPERTY 110E SURREYED CEIVERIVIE o 50R 00002 (PLACED) O NAE (ORANGE �o)122000 '1500 1/4 10 0 /4lsav6 LOT 1-1 1IE1 /4 001 /4 SEC 30 LOT 1-2-I 001/4 067 /4 0E0.26 LOT 2-1-1 1.0/1/4 0006/4 mess (304.015')11833 O1' (334.075') 235.00 (233. 5') (530530) (401.72) LOT 2 SPIEGELHALTER PUCE l5z zal 0)000 01700 PLACE 0 /4000 /4250426 LOT 1 011) ROSE FACE mm/4 CF uG 4, Apo 6000 0 01 00 000 000 LOT 1 OF ERE SOP /4 OF ERE R011i /4. 23.0 203.67' (063.00) 110.7.0 1. ALL XEU0 Roe ENIs ME 21 FEET ANO DEO.A1S MERK. 2. PLACE (PARCEL p920170W1), I0 0'02000 800 EO 100 DIVERGENT PROPER1102IXC / 1730710200E R0. / DUBUQUE IA 52002 SHOWY REQUESTED BY: 12112 INIOSIVOIT PROPERREG EN THIS PLAT 15 SOB { EASE/GUTS 10 ALL EASED T5 OF RECOR0 ANND NOT OF RECMO. SURVEYED PERIMETER IDEAL MG a 43,104 AC ROW ARREA A 1,152 AG 00.1/4 010/4 SEC 26 LOT 2 10000. OW 0. ` 0322 00 R NET 27.411 AC CLOG DATA 0020010 RADIUS LOT 2 501 /4 014 /4 50.20 LOT 2 VOLVO PLACE (12.25') (023.00') (10.41) (532105') SCALE 1" = 250' LOT 091.0200 PLACE 00 1251 250' aD ? °u . . .... ... .......� .... (70921') LOT 1-4 M/ 00 5 /4 CPe SHEET T1315 LOT 1 02I /4 SEG26 LOT 1-1 XE1 /4 0.01/4 4028 PROJECT I N0. 12306 Plot of Survey of: WILD ROSE PLACE N0.2 PREPARED FOR: 'ADO( 007002AENT 1RRCPE001 5 S KEN KRE55 17307 Hw1KE R0. 0000000. 101V46 52002 �$UEASI(NNG END2NEEA4 AND SURVEYORS ,2 2 00000 500 " 6 -000 DATE REN1510N5 1/26/12 SCALE: SEE BAR SCALE ORAWN BY: TPL CHECKED BY TL Base Data Provided by Dubuque County GIS Dubuque hikei E riip 2012 Masterpiece on the Mississippi Vicinity Map Applicant: WMK Investment Properties, LLC Location: Wild Rose Lane, south of Middle Road Description: Final Plat of Wild Rose Place No. 2 Legend Proposed Area to be Platted City Limits Path: H:1Planning Serviceswiicinity Maps\ZAC Vicinity Maps projects\Vcinity Map 12 -17 -2012 Final Plat of Wild Rose Place No. 2.mxd Masterpiece on the Mississippi TO: Zoning Advisory Commission FROM: Kyle L. Kritz, Associate Planner x 7 Z SUBJECT: Plat of Survey of Wild Rose Place No. 2 Dubuque katil All-America City 1 1 1 I a 2012 December 21, 2012 INTRODUCTION The submitted Plat of Survey of Wild Rose Place No. 2 subdivides approximately 43 acres into two parcels. Lot 1 does not have frontage on a public or private street, while Lot 2 has existing access to Wild Rose Lane. The subject property is in Dubuque County. The Zoning Advisory Commission is reviewing the submitted plat as it is within two miles of the city of Dubuque corporate limits. DISCUSSION The submitted Plat of Survey of Wild Rose Place No. 2 subdivides an existing parcel of land into two parcels. The submitted plat of survey facilitates the sale of Lot 1 to a nearby property owner. This property was formerly part of the Wild Rose Subdivision that did not go forward because of concerns by the City of Dubuque on the visibility at the existing intersection of Wild Rose Lane and Middle Road. The submitted plat of survey subdivides the existing Lot 2 of Wild Rose Place into two parcels to facilitate the sale of Lot 1 to a nearby property owner. The attached draft resolution specifically conditions approval of this plat on the requirement that the existing and future owners of Lot 1 will not utilize Wild Rose Lane for access to the property. Lot 2 already has access to Wild Rose Lane, so this lot split does not represent a change from the existing situation. RECOMMENDATION Planning staff recommends that the Zoning Advisory Commission approve the submitted Plat of Survey of Wild Rose Place No. 2 subject to waiving the lot frontage requirements for Lot 1. KLK /mkr Attachments Prepared by: Laura Carstens, City Planner Address: City Hall. 50 W. 13th St Telephone: 589 -4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589 -4121 RESOLUTION NO. 11 -13 RESOLUTION APPROVING THE PLAT OF SURVEY OF WILD ROSE PLACE NO.2 IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk by WMK Investment Properties (Developer) a Plat of Survey of Wild Rose Place No.2 in Dubuque County, Iowa; and Whereas, said Plat of Survey provides zero (0) feet of frontage for Lot 1 of Wild Rose Place No. 2 on a public street or an approved private street; and Whereas, Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code requires that all lots must front on a public street or an approved private street; and Whereas, as an express condition for approval of this Plat of Survey, Developer agrees on behalf of itself, its successors, and assigns, that it will not construct, create, or allow any vehicle access to Wild Rose Lane from Lot 1 of Wild Rose Place No. 2; 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 the City Council finds that, subject to the condition provided above with respect to access, 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. Subject to Section 2, Section 11 -14 of Title 16 of the Code of Ordinances, Unified Development Code, is waived to allow zero (0) feet of frontage on a public street or an approved private street for Lot 1 of Wild Rose Place No. 2. Section 2. As an express condition for approval of this Plat of Survey, the Developer agrees on behalf of itself, its successors, and assigns, that it will not construct, create, or allow vehicle access to Wild Rose Lane from Lot 1. Passed, approved and adopted this 22nd day of January , 2013. Roy I f Buol, Mayor Attest: ACCEPTANCE OF RESOLUTION NO. 11 -13 I,. the undersigned, Ken Kress, representing WMK Investment Properties, having read the terms and conditions of the Resolution No 11 -13 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required herein for Lot 1 of Wild Rose Place No. 2. Dated in Dubuque, Iowa this 3 day of January, 2013. By Ken. Kress WMK Investment Properties LOCATION MAP LOT 2 WESTWOOD HEIGHTS Plat of Survey of: WILD ROSE PLACE NO.2 DUBUQUE COUNTY, IOWA. Comprised of: LOT 2 OF VALD ROSE PLACE, DUBUQUE COUNTY, IOWA. LEGEND • 5011 (FQINO) SCU STANDARD CONCRETE MONUMENT • 1005 PIPE (FOUND) (1'. UNLESS NOTED) • 5/8 REAM (POUND) (CAPPED AS NOTED) 8 f/2 80100 (MONO) (CAPPED AS NOTED) 4016 YELLOW CAP STAMPED '4016' 12631 REO CAP STAMPED '12631' 9651 YEL1011 CAP STAMPED '9651' 12642 101011 CM STAMPED '12642' PROPERTY UNE SURVEYED PROPERTY.UNE - - - - - CENTERLINE EASEMENT UNE ( ) O 5%BR ER IENSIOCEO) O MA(0 NAIL (p '100200 '1548]') ROW 488'4115'E 66.00' ROW LOT 1 -1 NE1 /4 NWI /4 SEC.26 LOT 2 -1 -1 NW1 /4 14111 /4 SEC.26 (334.875176.73. 276.54 (27.55) 148512'32'E 511.5 LOT 1 -2 -1 100/4 NWI /4 5E0.26 LOT 2 -2 -1 334.81' (334.875) 235.00' (235. (511.55') LOT 1 -2 N111/4 501/4 SEC.26 671 LOT 1 TOTAL 15.734 AC (530.53') 000200610 93225' (93225') LOT 1 611D ROSE RACE (401.72) LOT 2 SIEGELHALIER RACE 14 C (401.56') -2 u 0 LOT 1 OF WILD ROSE PLACE 20.2 15 TO BE 0011ED BY THE SAME OYMER AS LOT 1 OF 1HE SWI /4 OF 7HE NW1/4 OF 5E0. 26. AND ACCESS 15 TO SAD LOT 1 OF 8AID ROSE PLACE N0.2 IS THROUGH SAID LOT 1 OF THE SW1/4 OF 164E 1111I /4. 508•47'03'W 962.51 (96260) 1 AL MEASUREMENTS ARE IN FEET AND DECIMALS THEROF. 2. LOT 2 OF 511) ROSE PLACE (PARCEL 10926176001), 15 OWNED BO MAK INVE5TMENT NV:VERDES INC. / 17387 HUUKE RD. / DUBUOVE. IA 52002 3. SURVEY REQUESTED BY: WMK INVESTMENT PROPERTIES, e% KEN KRESS. 4. 7105 PLAT 15 SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. LOT 1 5141/4 14111 /4 SEC.26 016 ,4• 4 60035'37'E jT'. 110.43' LOT 2 WELAND RACE LOT 1 WEILAND PLACE LOT 1 -1 -2 NYO /4 5141 /4 SEC.26 01231'24'E 125.31 53835'58'E 3300' (33.00') 14 '8' SURVEYED PERIMETER TOTAL AREA - 43.184 AC. ROW AREA - 0.032 AR NET AREA 43.152 AG LOT 2 TOTAL 27.450 AC ROW 0.032 AC NET 27.418 AC TOPM0G 6446 MCC POST CURVE DATA IMP CURVE C -1 01040 04002 BEARING LENGTH 624'42'39'E 26' I (11211225) RADIUS ARO IFNGiH DELTA 125.00' 116.43' (125.00') (115.41') 5321'58' (5321'25') SHEET TITLE 166462 55810'43'W 589.66' (589.68) 4016 401 45 05 6 LOT1 088/4 SW1 /4 5E026 4, S 1'. 4016 56' LOT 2 -1 NE1/4 588/4 SEC.26 (324.23) LOT 3 4 0EGELNALIER PLACE ... w 485'33'42'0 325.32 (325.29) '6161. EM5M1N0 ACCESS EASEMENT LOT 2 5E1/4 NYA /4 5E028 SCALE 1" = 250' 0' 125' 250' (740.23') 1 LOT 1 -1 501/4 6141/4 SE020 PROJECT 1 NO. 12306 Plat of Survey of: WILD ROSE PLACE NO.2 PREPARED FOR: VDAK INVESTMENT PROPERTIES S KEN KRESS 17387 HUMKE RD. DUBUQUE, IOWA 52002 /131 UEASIING SNO1N58RS AND SURVEYORS 1212 LOCUST ST, QRUOUE M (563) 556 -4100 DATE REVISIONS DRAWN BY: 11/26/12 TPL SCALE: CHECKED BY: SEE BAR SCALE TLK Sheet 2 of 5 Surveyor's Certificate I, Terry L. Koelker, 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 WILD ROSE PLACE, DUBUQUE COUNTY, IOWA. This survey was performed for the purpose of dividing -and platting said real estate henceforth to be known as WILD ROSE PLACE NO.2. The Total area of WILD ROSE PLACE NO.2 is 43.184 acres, more or less, and is 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. 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. Terry L. Koelker Licensed Land Surveyor License No. 15487 Dubuque, Iowa Date License Renewal Date 12/31/2013 Owner's Consent -Y ' ! , 2012 The foregoing Plat of Survey of: WILD ROSE PLACE NO.2, Dubuque County, Iowa, is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said LOT 2 OF WILD ROSE PLACE, DUBUQUE COUNTY, IOWA. WMK Investment Properties Inc. Kenneth W. Kress State of Iowa ) County of Dubuque ) ss: On this day of .®eegv , AD 2013, before me, the undersigned, A Notary Public in and for the State of Iowa, personally appeared Kenneth W. Kress, an officer of WMK Investment Properties Inc., to me personally known, who, being by me duly sworn, did say that he is an officer of said Corporation by authority of its Board of Directors, and that said Kenneth W. Kress, as an officer, acknowledge the execution of said instrument to be the voluntary act and deed of said Corporation by it and by him, voluntarily executed. Witness my hand and Notarial Seal on the date above written. Dubuque, Iowa TO WHOM IT MAY CONCERN: Notary Public in and for the State of Iowa Attorney's Certificate Pea I/ , 2012 This will certify that I have examined the abstract of title covering LOT 2 OF WILD ROSE PLACE, DUBUQUE COUNTY, IOWA, according to plats thereof covering the period from government entry to ///,. L 5 . ao /Z , 1 certified on that date by 4/t /, /lI 1 t eum " r and find that said abstract shows good and merchantable title to said real estate in ',ix/VA 2H,, , /-.4e.,f po.-A -1, -tr, free and clear of all liens and encumbrances and shows taxes paid including xe /5o'r7the year 7; tUv09ftico Pi.� /� iS C°f� L 7�/r.�r ! /< />rc 7v �/u /h /nsTraw<,. 5oJ -: -I.19/ / 6.1 /1 .-.-y 72vii Os .i7.1 Tiv.r.,74 .1di,_37J'' Attorney -at -Law / Sheet 3 of 5 City of Dubuque Zoning Advisory Commission Dubuque, Iowa SoU, eZ , 2013 The foregoing Plat of Survey of: WILD ROSE PLACE NO.2, Dubuque County, Iowa, was reviewed and approved by the City of Dubuque Zoning Advisory Commissio • - u e date first written above. , ity of Dubuque Zoning Advis. - e 11 mission City of Dubuque Planning Services Dubuque, Iowa . Z , 202 The foregoing Plat of Survey of: WILD ROSE PLACE NO.2, Dubuque County, Iowa, 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. Planning Services Department City Planner of the City of Dubuque, IA City of Dubuque, Iowa Dubuque, Iowa January 22 2013 The undersigned, Roy D. Buol, Mayor and Jeanne Schneider, Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing Plat of Survey of: WILD ROSE PLACE NO.2, Dubuque County, Iowa, as appears heretofore has been filed in the office of the City Clerk of Dubuque, Iowa on 1/ 22/13 as resolution No. 11 -13 and that the City Council of the City of Dubuque, Iowa approves said plat. Mayor of tI City of Dubuc(ue, IA Clerk of - City of Dubu a ue, '~ County Treasurer's Certificate Dubuque, Iowa , 2013 I, the undersigned, Eric Stierman, Treasurer of Dubuque County, Iowa, do hereby certify that all taxes levied against LOT 2 OF WILD ROSE PLACE, DUBUQUE COUNTY, IOWA, have been paid and said real estate is free from taxes as of this date. Treasurer of Dubuque County, Iowa County Assessor's Certificate Dubuque, Iowa , 2013 The foregoing Plat of Survey of: WILD ROSE PLACE NO.2, Dubuque County, Iowa, was entered of record in the Office of the County Assessor of the County of Dubuque, Iowa, on the date first written above. County Assessor of the County of Dubuque, Iowa Sheet 4 of 5 County Board of Health Dubuque, Iowa ,2013 The foregoing Plat of Survey of: WILD ROSE PLACE NO.2, Dubuque County, Iowa, is hereby approved by the Dubuque County Board of Health and approval of said plat by the County Board of Supervisors of the County of Dubuque is hereby recommended. Dubuque County Board of Health County Engineer Certificate Dubuque, Iowa ,2013 The foregoing Plat of Survey of: WILD ROSE PLACE NO.2, Dubuque County, Iowa, was reviewed and approved by the Office of the County Engineer of Dubuque County, Iowa, on the date first written above. County Engineer of Dubuque County, Iowa Plats Officer Dubuque, Iowa ,2013 The foregoing Plat of Survey of: WILD ROSE PLACE NO.2, Dubuque County, Iowa, has been reviewed and examined by the Dubuque County Plats Officer for compliance with the Dubuque County Platting and Subdivision Ordinance, and said plat is found to be acceptable. Plats Officer of Dubuque County County of Dubuque Zoning Commission Dubuque, Iowa ,2013 The foregoing Plat of Survey of: WILD ROSE PLACE NO.2, Dubuque County, Iowa, is hereby approved by the Dubuque County Zoning Office and approval of said plat by the County Board of Supervisors of the County of Dubuque is hereby recommended. Dubuque County Zoning Commission County Board of Supervisors Dubuque, lowa ,2013 The Dubuque County Board of Supervisors of the County of Dubuque, do hereby certify that the Plat of Survey of: WILD ROSE PLACE NO.2, Dubuque County, Iowa, has been filed in the office of the County Board of Supervisors and that by Resolution No. the Dubuque County Board of Supervisors have reviewed and approved said plat. County Board of Supervisors Chairperson Sheet 5 of 5 COUNTY AUDITOR Dubuque, Iowa ,2013 The foregoing Plat of Survey of: WILD ROSE PLACE NO.2, Dubuque County, Iowa, was entered of record in the office of the Dubuque County Auditor this day of , 2013. We approve of the subdivision name or title to be recorded. County Auditor of Dubuque, Iowa Recorder's Certificate Dubuque, Iowa ,2013 The foregoing Plat of Survey of: WILD ROSE PLACE NO.2, Dubuque County, Iowa, has been reviewed by the Dubuque County Recorder. Dubuque County Recorder 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 WMK Investment Properties 17387 Humke Rd Dubuque IA 52002 Dubuque NWlmedcaCityt I 2012 Masterpiece on the Mississippi January 7, 2013 RE: City Council Consideration of Plat of Survey Wild Rose Place No. 2 Dear Applicant: The City Council will consider your request to plat property located at Wild Rose Lane South of Middle Road at a public meeting on Tuesday, January 22, 2013. The plat is on the agenda as a Consent Item. Consent Items are placed at the beginning of the meeting and are voted on with, a single motion by the City Council. Consent Items are not voted on separately unless requested by a Council member. Please attend this meeting, or send a representative to the meeting in your place to answer questions, if necessary. City Council meetings begin at 6:30 p.m. in the City Council Chamber, 2nd Floor, Historic Federal Building (Post Office), 350 W. 6th Street, Dubuque, Iowa. Please contact the Planning Services Department at (563) 589 -4210 if you need more information or have any questions. Sincerely, Kyle ,L. Kritz Associate Planner cc: Kevin Firnstahl, City Clerk Service People Integrity Responsibility Innovation Teamwork