Plat of Survey_1895 JFK Road_Molo Oil CompanyPlanning 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
Dubuqu
.ron•2U•mn
Masterpiece on the Mississippi
November 8, 2013
Applicant: Mark Molo, Molo Oil Company
Location: 1895 John F. Kennedy Road
Description: Plat of Survey Lot 1 and Lot 2 Westview Shopping Center Place No. 4
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above -cited request. The
application, staff report and related materials are attached for your review.
Discussion
The applicant, Mark Molo, spoke in favor of the request, reviewing that Molo Oil Company is
purchasing a parcel of land from the City of Dubuque.
Staff reviewed the staff report, noting that the lot split facilitates the sale of City property to the
adjacent property owner. Staff noted that the Commission is reviewing the plat because neither
lot will have street frontage. Staff noted that Lot 1 will have access to John F. Kennedy Road
through the adjacent lot that was formerly the site of Choo Choo Charlie's, while Lot 2 will
remain under City ownership, that includes a portion of the North Fork of the Catfish Creek
flowing through it.
There were no public comments.
The Zoning Advisory Commission had no objection to the request.
Recommendation
By a vote of 4 to 0, 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, Patrick Norton, Chairperson
Zoning Advisory Commission
Enclosures
cc: Gus Psihoyos, City Engineer
Service
People
Integrity
Responsibility
Innovation
Teamwork
THE CITY OF
DUB
E
Masterpiece on the Mississippi
❑Variance
❑Conditional Use Permit
❑Appeal
❑Special Exception
❑Limited Setback Waiver
❑Rezoning /PUD /ID
Dubuque
PLANNING APPLICATION FORM
['Preliminary Plat
❑Major Final Plat
['Minor Final Plat
['Simple Site Plan
❑Minor Site Plan
❑Major Site Plan
Simple Subdivision
['Text Amendment
❑Temporary Use Permit
❑Annexation
['Historic Revolving Loan
['Historic Housing Grant
City of Dubuque
Planning Services Department
Dubuque, IA 52001-4805
Phone: 563-589-4210
Fax: 563-589-4221
pianninofo citvofdubuaue.orq
❑Certificate of Appropriateness
❑Advisory Design Review (Public Projects)
❑Certificate of Economic Non - Viability
❑Historic Designation: Choose One
['Demolition in Conservation Districts
❑Port of Dubuque Design Review
please Noe or print leaiblv in ink
Property owner(s): City of Dubuque Phone: 563 - 589 -4100
Address: 50 West 13th Street City: Dubuque
state: IA zip:52001
Fax #: Cell #: E -mail:
Applicant/Agent: Moro Oil Company Phone: 563 - 557 -7540
Address: 123 Southern Ave City: Dubuque
Fax #: Cell #:
Site location /address:1895 JFK Road
state: IA Zip: 52003
E -mail:
Neighborhood Association: Choose One
Existing zoning:. C-3 Proposed zoning:. C -3 District: Choose One Landmark: ❑ Yes ❑ No
Legal Description (Bidwell parcel ID# or lot number /block number /subdivision):
Lot 2 -2 -2 Westview Shopping Center Place
Total property (lot) area (square feet or acres): 122,803 sq. ft.
Describe proposal and reason necessary (attach a letter of explanation, if needed):
Splitting existing lot which has no frontage into two lots which have no frontage.
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.
,a co otc tca® P®c .vV
Property Owner(s):
Date: Jd "/
Applicant/Agent: Date:
FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST
Fee 24/2.0C Received by:
Date: /O•/'/3 Docket:
You created this PDF from an application that is not licensed to print to novaPDF printer (http: / /www.novapdf.comj
Prepared bv: Laura Carstens, Citv Planner Address: Citv 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. 322 -13
RESOLUTION APPROVING THE PLAT OF SURVEY LOT 1 AND LOT 2 OF WESTVIEW
SHOPPING CENTER PLACE NO. 4
Whereas, there has been filed with the City Clerk a Plat of Survey Lot 1 and Lot 2 of
Westview Shopping Center Place No. 4 in the City of Dubuque; and
Whereas, said Plat of Survey provides 0 feet of frontage for Lot 1 and Lot 2 on a public
or approved private street, where 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 Code of Ordinances, Unified
Development Code, is waived to allow 0 feet of frontage on a public or approved private
street for Lot 1 and Lot 2.
Section 2. That the Plat of Survey Lot 1 and Lot 2 of Westview Shopping Center Place
No. 4 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.
Passed, approved and adopted this 18th day of NovembeI2013.
Attest:
Kevin Firnstahl, Citylerk
Roy D. Bugi(Mayor
(Page 1 of 8)
PREPARED BY: IIW, P.C. 4155 PENNSYLVANIA AVE DUBUQUE, IOWA (563) 556 -2464:
IIIIIIIIIII IIII�III�IIIIN11�1111�11911�IE1111
Doc ID: 007869600008 Type: 0EN
Kind: SURVEY PLAT
Recorded: 12/02/2013 1tof2866:31 PM
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
Fi1e2013- 00018522
PLAT OF SURVEY
LOT 1 AND LOT 2 OF WESTVIEW SHOPPING CENTER PLACE NO. 4
CENTERLINE EXISTING 20' WIDE
SANITARY AND STORM EASEMENT
PER BK. 34 PG. 135 AND BK. 33 PG. 229
Jok
_ 130.76_'_
....\/\_1.11_87'49'24"E 130.8.
- NE CORNER OF
LOT A
NORTH FORK
TRAILS
NO CAP
L1
L2
POO\�pC\
rL1P'
"(°" N 005 v T,O\ \
PIN IS 0.22' , ' �5
p'(' SOUTH OF CORNER i p( 100�
YELLOW CAP YELLOW CAP
NO. 2435 NO. 2435
L3•
-L4
1.88'
L6
/ 17.76'
— • 20.00'
L5
1.5 "DIA.
(r R e�G� .
Co
O'(PQ �G
/
S82'44.23 " 96.03'
..CENTERUNE NEW 35'
/ STORM SEWER EASEMEN
LOT 1
62324 SQ. FT.
•
/ /,moo /• ..
•
Ary
ti
S87'54'18 "W 249.13'
240.78' (240.78')
7 00
UNE DIST. RECORD DIST. BEARING
L1 53.07' (53.18') N87' 49' 24 "E
L2 25.02' (25.03') N87' 43' 41 "E
L3 83.83' (83.87') N87' 47' 12 "E
L4 73.02' (73.06') N88' 01' 35 "E
L5 15.00' (15') N87' 45' 58 "E
L6 72.55' (72.56') N87' 49' 26 "E
L7 239.14' (239.00') N87' 45' 58 "E
DESCRIPTION: LOT 2 OF LOT 2 OF LOT 2 OF WESTVIEW
SHOPPING CENTER PLACE, CITY OF DUBUQUE, IOWA AS
PLATTED ON DOC. NO. 3368 -72.
PROPRIETOR: CITY OF DUBUQUE
SURVEYED FOR: MOLO OIL COMPANY
DATE OF SURVEY: SEPTEMBER 21, 2013
NOTE
THIS SURVEY IS SUBJECT TO
EASEMENTS, RESERVATIONS,
RESTRICTIONS AND
RIGHTS -OF -WAY OF RECORD
AND NOT OF RECORD.
MATCH LINE - SEE SHEET 1DRAWING MAY HAVE BEEN REDUCED
,,IIuaIIIllIUmII,,.
NORTH
GRAPHIC SCALE
0 50 100
1 " =50'
MATCH UNE - SEE SHEET 2
LEGEND
PROPERTY BOUNDARY
----LOT LINE
— • • — EASEMENT UNE
— — CENTERUNE EASEMENT
( ) RECORDED AS
O SET 5/8" IRON REBAR WITH
ORANGE PLASTIC CAP NO. 20999
• FOUND 5/8" IRON REBAR WITH
PLASTIC CAP & NO. AS NOTED
• FOUND 1" DIA. IRON PIPE
UNLESS OTHERWISE NOTED
°'„
. * _L
'JEFFREY J.
LS 20999= °5
y�f� L AND5,"
1 HERESY CERTIFY 111AT THIS LARD SURVEYING DOCUMENT WAS PREPARED
AND THE RELATED SURVEY WORK WAS PERFORMED BY 1.10 OR UNDER MY
DIRECT PERSONAL $UPER'A9ON AND THAT 1 AN A DULY UCEN5E0 LAND
SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA.
FOR OW, P.C.
BRAT
/1— / —/3
OATS
UCENSE N0. 20999 MY UCENSE RENEWAL DATE IS 12/31/2013
PAGES OR SHEETS COVERED BY 1015 SEAL SHEETS 1. 2 & 3
P: \13\ 700 \720\DRAMWGS \SURVEY\137209 2013
File Number: 2013 - 00018522 Seq: 1
PREPARED BY: 162, P.C. 4155 PENNSYLVANIA AVE DUBUQUE. IOWA (563) 556 -2464
LOT 1 AND
PLAT OF SURVEY
LOT 2 OF WESTVIEW SHOPPING CENTER
MATCH LINE - SEE SHEET 1
MATCH LINE - SEE SHEET 2
EXISTING 10' WIDE SANITARY
/ SEWER EASEMENT PER
0 10.00'1 / BK, 35 PG. 315
s — AND BK. 35 PG. 288
NE CORNER OF
LOT A
NORTH FORK
TRAILS
NO CAP
S�pee \�G
CA G
49 5
QVP
GCS(
OSt { &"S
AR
LEGEND
— PROPERTY BOUNDARY
- - -- LOT LINE
— - - — EXISTING EASEMENT
— CENTERLINE EASEMENT
O SET 5/8" IRON REBAR WITH
RED PLASTIC CAP NO. 20999
RECORDED AS
FOUND 5/8" IRON REBAR WITH
PLASTIC CAP & NO. AS NOTED
O FOUND 1" DIA. IRON PIPE
UNLESS OTHERWISE NOTED
N85114'23 "E 86.00' (86.36')
RED CAP
0.12631
1.5'DIA.
,SA 1
o�Ac,
0 QQ
5\\k
O
PLACE NO. 4
NOTE
THIS SURVEY IS SUBJECT TO
EASEMENTS, RESERVATIONS,
RESTRICTIONS AND
RIGHTS -OF -WAY OF RECORD
AND NOT OF RECORD,
...m �Illlilllllu,...
NORTH
GRAPHIC SCALE
0 50
100
DRAWING MAY HAVE BEEN REDUCED
NO4•53'01 "W
13.57' (13.57')
ryti5 5 1'
05F '7"-
r
LOT 2
60479 S0. FT.
04'
20.00
86.12
N88'27'09' E
SE CORNER OF
LOT A
NORTH FORK TRAILS
YELLOW CAP NO. 4016
588•50'07 "W
12.99' (12.91')
5d oFSNE
13d OF V0T 2-2
SE 1/4 SE 1/4
SEC. 21
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OF
OF pp\C1G
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110 OoF VSE 2-2- 27-2- 54 15FG 09ASP ^91£6116
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CHECKED JIB
SS 1/21 5; 1 DATE 0 -13 Seer 2 of 3
I SSG P:\ 13 \7W \Y20 \OPAM11SS \SUFYEiV37200 2013
IVIMMAIMI
Pus NO. 33 -IA -13
P 01 NO. 13720
OWNER'S CONSENT
Dubuque, Iowa , j 9J /?f , 2013
The foregoing plat of Lot 1 and Lot 2 of Westview Shopping Center Place No. 4, 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 and hereby dedicate the easements shown and defined on this
plat.
FOR THE CIT OF DUBUQUE, IOWA
By
Roy . Bil, M
By
KevinFi s. hl, City Cl•rk
State of Iowa )
) ss:
County of Dubuque) /
This instrument was acknowledged before me on this / day of ' li A.D. 2013,
by. Rny n_ Ruo1 . xP‘Tin Firnztah Mayor & Cit Clerk of City of
Dubuque.
'.,'PAMELA J. MCCARRON
Commission Number 772419
My Comm. Exp. 2OLS
Dubuque, Iowa
Notary Public #665/-a-fr
in and for State of'fowa
My Commission Expires:
ZONING ADVISORY COMMISSION
No V t 7 , 2013
The foregoing plat of Lot 1 and Lot 2 of Westview Shopping Center Place No. 4, in the City of
Dubuque, Iowa, has been reviewed by the Zoning Advisory Commission.
Chairperson
CITY ASSESSOR
Dubuque, Iowa
, 2013
The foregoing plat of Lot 1 and Lot 2 of Westview Shopping Center Place No. 4, in the City of
Dubuque, Iowa, was entered of record in the office of the Dubuque City Assessor this day
of , 2013.
Richard A. Engelken
Dubuque City Assessor
CITY COUNCIL
Dubuque, Iowa
/ZF2 , 2013
The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing plat
in the City of Dubuc ue, Iowa, has been filed in the office of the Clerk of the City of Dubuque, and that by
Resolution No. z the Dubuque City Council approved said plat and accepted the
dedication.
Roy D. B
LL,
Mayor of the City of Dubuque
Kevin F tahl
Clerk of the City of Dubuque
COUNTY AUDITOR
Dubuque, Iowa
, 2013
The foregoing plat of Lot 1 and Lot 2 of Westview Shopping Center Place No. 4, in the City of
Dubuque, 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.
Denise M. Dolan
County Auditor of Dubuque, Iowa
RECORDERS CERTIFICATE
Dubuque, Iowa 2013
The foregoing plat of Lot 1 and Lot 2 of Westview Shopping Center Place No. 4, in the City of
Dubuque, Iowa, has been reviewed by the Dubuque County Recorder.
Kathy Flynn Thurlow
Dubuque County Recorder
Sheet 3 of 3
SURVEYOR'S CERTIFICATE
I, Jeffrey J. Brandt, 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 Lot 2 of Lot 2 of Westview Shopping Center Place, in the City of Dubuque, Iowa.
This survey was performed for the purpose of subdividing and platting said real estate henceforth to be
known as Lot 1 and Lot 2 of Westview Shopping Center Place No. 4, in the City of Dubuque, Iowa,
Containing 122,803 square feet, 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.
CONDITIONS OF PLATTING
The following conditions shall apply to this plat of survey of Lot 1 and Lot 2 of Westview
Shopping Center Place No. 4:
1. The proposed thirty -five foot (35') wide storm sewer easement as shown on Lot 1
of this plat of Westview Shopping Center Place No. 4, in the City of Dubuque,
Iowa, will be dedicated to the City of Dubuque, Iowa, its agents and contractors,
in perpetuity, for the purpose of accessing, constructing, re- constructing, and
maintaining a storm sewer in accordance with the plans and specifications on file
in the office of the City Engineer. Said easement shall be binding on all
subsequent property owners, their successors, heirs and assigns.
2. Following any maintenance or repair of said storm sewer, the City of Dubuque
shall restore the disturbed area to its original condition.
3. Subsequent property owners, their successors, heirs or assigns shall not erect
any structure over or within the easement area without obtaining the prior written
approval of the City Engineer.
4. Subsequent property owners, their successors, . heirs and assigns bear the
financial and other responsibility for replacement or repair of pavements,
structures or any other improvements made by subsequent property owners
over, on or within the easement area arising from the maintenance or repair of
the storm sewer extension .
5. Subsequent property owners, their successors, heirs and assigns shall not
change the grade, elevation, or contour or perform any construction or
excavation that will diminish the lateral support of said storm sewer without
obtaining the prior written consent of the City Engineer.
6. The City of Dubuque, its agents or contractors, shall at all times have reasonable
access to and egress from and over said real estate to maintain, remodel or
repair said storm sewer thereon or therein.
Base Data Provided by Dubuque County GIS Path: F: \USERS \Evanbusk\ArcGIS Maps \Vicinity Map_1895JFK.mxd
Masterpiece on the Mississippi
Vicinity Map
Applicants: Moto Oil Company
Location: 1895 JFK Road
Description: Plat of Survey
Lot 1 and Lot 2 of
Westview Shopping
Center Place No. 4
Legend
1895 JFK Road
DISCLAIMER: This information was compiled using the
Dubuque Ares Geographic Information System (DAGIS), which
includes data created by both the qty of Dubuque end
Dubuque County. it is understood that, while the qty of
Dubuque and participating agencies utilized the most current
and accurate information available, DAGIS and its suppliers do
not warrant the accuracy or currency of the information or date
contained herein. The City and participating agencies shall not
be held liable for any direct, indirect, incidental, consequential,
punitive, or special damages, whether foreseeable or
unforeseeable. arising out of the authorized or unauthorized
use of this data or the inabiltyto use this data or out of any
breach of warmly whatsoever.
Dubuque
aFadwcar
1I i
2007.2072 • 2013
Ak
1:3,500 NORTH
THE CITY OF
Masterpiece on the Mississippi
TO: Zoning Advisory Commission
FROM: Kyle L. Kritz, Associate Planner
Dubuque
AR- Am1ca CX1
2.7)2 .101)
October 29, 2013
SUBJECT: Plat of Survey Lot 1 and Lot 2 of Westview Shopping Center Place No. 4
INTRODUCTION
The submitted Plat of Survey of Lot 1 and Lot 2 of Westview Shopping Center Place No.
4 subdivides an existing parcel owned by the City of Dubuque to facilitate the sale of a
portion of the parcel to an adjacent property owner. This Plat of Survey is being
reviewed by the Zoning Advisory Commission and City Council as the resulting lots do
not have frontage on a public or approved private street.
DISCUSSION
The submitted Plat of Survey of Lot 1 and Lot 2 of Westview Shopping Center Place No.
4 subdivides approximately 2.8 acres into two parcels. Lot 1 will be sold to the adjacent
property owner, Molo Oil Company, and Lot 2 will remain under the ownership of the
City of Dubuque.
The sale of Lot 1 to Molo Oil Company is intended to facilitate the redevelopment of the
property, formerly the site of Choo Choo Charlie's Restaurant.
Even though the existing parcel of land owned by the City of Dubuque is currently
landlocked, waiver of lot frontage requirement is necessary as under State law, Lot 1
and 2 are considered to be new lots, and subject to current subdivision requirements.
RECOMMENDATION
Planning staff recommends that the submitted Plat of Survey of Lot 1 and Lot 2 of
Westview Shopping Center Place No. 4 be approved subject to waiving lot frontage
requirements for Lot 1 and Lot 2.
KLK /mkr
Attachments
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