Final Plat_Brunskill Street Place No. 2Planning Services Department
City Hall
50 West 13" Street
Dubuque, IA 52001 -4864
(563) 589-4210 phone
(563) 589 -4221 fax
(563) 690 -6678 TDD
planning @citvofdubuque.org
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13th Street
Dubuque IA 52001
Dubuque
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THE CITY OF
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Masterpiece on the Mississippi
December 10, 2013
Applicant: McDermott Brothers Construction
Location: Brunskill Road
Description: To approve the Final Plat of Brunskill Street Place No. 2
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.
Chairperson Norton excused himself from the discussion and Vice Chairperson
Henschel chaired the discussion.
Discussion
The applicant spoke in favor of the request, reviewing the location of property and that
the plat is very similar to the previous plat approved for the north side of the property.
Staff reviewed the staff report, noting that the plat creates six townhouse dwellings
serviced by a common private drive, but Lots 2 thru 6 do not have frontage on an
improved public street.
There were no public comments.
The Zoning Advisory Commission discussed the request, and had no objections to the
plat as submitted.
Recommendation
By a vote of 3 to 0, with one abstention, the Zoning Advisory Commission recommends
that the City Council approve the request subject to waiving the lot frontage
requirements for Lots 2 thru 6.
A simple majority vote is needed for the City Council to approve the request.
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
Page 2
Respectfully submitted,
Patrick Norton, Chairperson
Zoning Advisory Commission
Attachments
cc: Gus Psihoyos, City Engineer
Service People Integrity Responsibility Innovation Teamwork
THE C1TY OF
DUB E
❑ 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
❑ Simple Site Plan
❑ Minor Site Plan
❑ Major Site Plan
® Major Final Plat
❑ Simple Subdivision
Property owner(s): McDermott Brothers Construction
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:
Address: Brunskill Road City: Dubuque State: IA Zip:
Fax Number: Mobile /Cellular Number:
Applicant /Agent: Buesing and Associates Phone (563) 556 -4389
Address: 1212 Locust Street
City: Dubuque State: IA Zip 52001
Fax Number: Mobile /Cellular Number:
Site location /address: Brunskill Road Dubuque, IA
Existing zoning: R3 Proposed zoning: Historic District: Landmark:
Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): Lot C of Brunkskill
Street Place No. 1, in the City of Dubuque, Iowa.
Total property (lot) area (square feet or acres): 17,715 sqft
Describe proposal and reason necessary (attach a letter of explanation, if needed):
Final Plat
L.
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): Date:
Date: 1 / z /
Applicant /Agent: %
Fee:
FOR OFFICE USE • LY — APP ATION SUBMITTAL CHECKLIST
c{�.Do Received by: _ Date: if /03 Docket:
❑Site /sketch plan ❑Conceptual Develo:ment Plan ❑Photo ['Plat
❑Improvement plans ['Design review project description ['Floor plan ❑Other:
(563) 556 -4389
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1212 LOCUST STREET, DUBUOUE, IOWA
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BUESING & ASSOCIATES
PREPARED BY:
NOTE:
LOT C OF BRUNSKILL STREET PLACE NO. 1 IS
IN THE SE1 /4 OF SECTION 27, T89N, R2E,
(DUBUQUE TWP.), OF THE 5TH P.M., IN THE
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
RED
12631
Final Plat of:
BRUNSKILL STREET PLACE NO. 2
in the City of Dubuque, Iowa
Comprised of Lot C of Brunskill Street Ploce No. 1, in the City of Dubuque,
rIEXISTING 5' UTILITY ACCESS EASEMENT
1 PER DOC. 42012 - 00023830
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BALANCE LOT 1 -1 OF HARWOOD PLACE
YELLOW
9851
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= 30' (11 "X17 ")
LOT
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29.88'
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LOT 2
S T R
LOT 3
LOT 4
L A C
LOT 5
EXISTING
EXISTING 30' ACCESS EASEMENT
ELECTRIC, GAS A
PER O)C. 42012 - 00023828 S 88'43'55" W 236.27' PER DOC.
N 88'43'55" E 199.29'
30.60' 30.62 30.66' 30.65' 33.92'
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NOTES
1, ALL MEASUREMENTS ARE ITN FEET AND DECIMALS THEREOF.
2. PROPRIETOR OF LOT C OF BRUNSKILL STREET PLACE N0. 1
MCDERMOTT BROTHERS CONSTRUCTION INC. 9010 ROYAL WOOD DR PEOSTA, IA 52068.
3. SURVEYED REQUESTED BY: DAN McDERMOTT.
4. FIELD SURVEY DATE: 10- 24 -13,
5. TOTAL SURVEYED AREA: 17,715 SOUARE FEET.
6. THIS PLAT 15 SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD.
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9.14' 2.34'
6.54'• 23.15'
39,69'(40')
S 86'51'50" W 180.39'
S 86'51'50" W
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ACCESS EASEMENT1
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MINERAL LOT 228
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PER DOC. 42012- 00023151
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LEGEND
• 5/8" REROD (FOUND)
(CAPPED AS NOTED)
& I" IRON PIPE (FOUND)
(UNLESS NOTED OTHERWISE)
m CUT x (FOUND)
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5/8" R00 1'I /ORANGE CAP 415487 (FOUND)
O 5/8" REROD (PLACED) (VI /ORANGE
PLASTIC CAP MARKED 'KOELKER 15487 ")
EXISTING PROPERTY LINE
SURVEYED PROPERTY LINE
SURVEYED PERIMETER
RIGHT OF WAY (ROW) LINE
EXISTING EASEMENT LINE
NEW EASELENT LINE
/ L9/// / / / / / / /O /'4331'/ / / / / /Q((([ BUILDING FOUNDATION LINE
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1 HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT INA5
PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR
UNDER MY DIRECT PERSONAL SUPERVISION AND THAT 1 AM A DULY
LICENSED LAUD SUM OR UNDER THE LAWS OF THE STATE OF 10VIA
1.., /..:,.� n / Lit /�
TERRY L. KO LKER (DATE)
LICENSE NUMBER 15487
01 LICENSE RENEWAL DATE 15 DECEMBER 31. 2013
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Masterpiece on the Mississippi
Applicants:
Location:
Description:
Dubuque
I> CP
11111!
2007.2012 • 201.1
Vicinity Map
McDermott Brothers Construction
3000 Block of Brunskill Road
Final Plat of Brunksill Street
Place No. 2
Legend
Brunskill Street Place No 2
DISCLAIMER: This information was compiled using the
Dubuque Area Geographic Information System ( DAGIS), which
Includes data created by bath the City of Dubuque and
Dubuque County. It Is understood that, while the City 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 data
contained herein. The City and participating agencies shall not
be held liable for any direct, Indirect, Incidental. consequent)
punitive, or special damages, whether foreseeable or
unforeseeable, arising out of the authorized or unauthorized
use of this data or the Inability to use this data or out of any
breach of warranty whatsoever.
Base Data Provided by Dubuque County GIS Path: 1-1:1Planning Services \EVB\ArcGISMaps \Vicinity Map_BrunskillStreetPlace.mxd
al,
1:3,000 NORTH
Masterpiece on the Mississippi
TO: Zoning Advisory Commission
FROM: Kyle L. Kritz, Associate Planner 7.0'
SUBJECT: Final Plat of Brunskill Street Place No. 2
Dubuque
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November 26, 2013
INTRODUCTION
The submitted Final Plat of Brunskill Street Place No. 2 subdivides an existing 17,715
square foot parcel into six lots. These lots create six townhouse dwellings on property
fronting Brunskill Road. Previously, the applicant submitted a similar final plat in
December 2012, to create similar townhouse dwellings on the north side of the property.
DISCUSSION
The submitted Final Plat creates six separate Tots for six townhouse dwellings. In
addition, a driveway that serves each of the townhomes is platted as a 30 -foot access,
sewer, and private water main, electric, gas and telephone easement. The submitted
Final Plat is considered a minor final plat as it does not include any new public or private
streets or public water or sanitary sewer mains. The submitted Final Plat is the second
phase of a two -phase townhouse development that includes a similar layout on the
north side of the property.
The submitted Final Plat is not in compliance with Section 11 -4, Blocks and Lots, of the
Unified Development Code which requires that each new platted lot have frontage on a
public or approved private street. Lots 2 thru 6 do not have frontage on a public or
approved private street. The roadway serving the townhouse dwellings is a shared
driveway among the townhouse dwelling owners. This arrangement is not unusual in
townhouse developments, since there will be an association that is responsible for
maintenance of common areas, including the shared drive. The proposed shared drive
has been reviewed and approved by the City Fire Department. The submitted Final Plat
is in all other respects compliant with the Unified Development Code.
RECOMMENDATION
Planning staff recommends that the Final Plat of Brunskill Street Place No. 2 be
approved subject to waiving the lot frontage requirements for Lots 2 thru 6.
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. 13 "' St Telephone: 589 -4121
RESOLUTION NO. 349 -13
RESOLUTION APPROVING THE FINAL PLAT OF BRUNSKILL STREET PLACE NO. 2
IN THE CITY OF DUBUQUE, IOWA
Whereas, McDermott Brothers Construction, as owners, have filed with the City Clerk
the Final Plat of Brunskill Street Place No. 2 in the City of Dubuque, Iowa; and
Whereas, upon said final plat appears right -of -way for Brunskill Road (Lot A), together
with certain public utility access easements, which McDermott Brothers Construction by
said Final Plat has dedicated to the public forever; and
Whereas, said plat provides 0 feet of frontage for Lots 2 thru 6 , inclusive, where 50 feet
is required by Section 16- 11 -14(B) of the Unified Development Code; and
Whereas, the final 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 the 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 Brunskill Road right -of -way (Lot A) and the easements
for public utilities, as they appear on said Final Plat, be and the same are hereby accepted;
and
Resolution No. 349 -13
Page 2
Section 2. That Section 16 -14 11(B) of the Unified Development Code, is waived to
allow Lots 2 through 6, inclusive, to have 0 feet of frontage, where 50 feet of frontage is
required; and
Section 3. The owner must continue to maintain Lot A of Brunskill Street Place No. 1,
and storm water detention facility until (1) the facility has been fully completed, (2) 80% of
the platted lots have been fully developed, and (3) adequate erosion control measures, as
approved by the City have been installed on the remaining 20% of the lots. Acceptance of
the facility must be by the City Council as required by the Subdivision Ordinance. 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 A of
Brunskill Street Place No. 1) shall be assessed against the lot owners of all additions in
Brunskill Street Place No. 1 and No. 2, except the City, as indicated in the preliminary plat,
in proportion to the acreage of each lot. 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 4. 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 5. That in the event McDermott Brothers Construction 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
dedications and approval of the plat shall not be effective.
Passed, approved and adopted this 16th day of December, 2013.
Attest:
4c€Zy D. Buol, Mayor
ACCEPTANCE OF RESOLUTION NO. 349 -13
I, the undersigned, Dan McDermott, representing McDermott Brothers
Construction, having read the terms and conditions of the Resolution No. 349 -13 and
being familiar with the conditions thereof, hereby accept this same and agree to the
conditions required therein.
Dated in Dubuque, Iowa this
j day of 2 f, ?)46
By
2013.
Dan McDermott
McDermott Brothers Construction
Sheet 2 of 3
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 C of Brunskill Street Place No. 1, 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
Brunskill Street Place No. 2, in the City of Dubuque, Iowa. The Total area of Brunskill Street Place No. 2 is 17,715
square feet. All Lot areas are more or less and all Lots are 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. All
monuments are placed or shall be placed within one year from the date this plat is recorded.
I 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.
////s- /i3
Terry a Koelker Date
Licensed Land Surveyor
License No. 15487
Dubuque, Iowa
License Renewal Date 12/31/13
Owner's Consent
40ru, e✓ )61 2013
The foregoing Final Plat of: Brunskill Street Place No. 2, 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. We hereby
dedicate LOT A (Brunskill Road) and all easements shown to the public.
McDer ,tt Brothers Constru tion Inc.
Me issa McDermott, President
State of Iowa
County of Dubuque) ss:,,, rr
On this 11141- day of IVo■tt,Y.n, }oti/ AD 2013, before me the undersigned, A Notary Public in and for the State of
Iowa, personally appeared Melissa McDermott to me personally known, who, being duly sworn did saythat said
Melissa McDermott is President of McDermott Brothers Construction Inc. that the seal affixed to the above instrument
was signed and sealed on behalf of said Corporation by authority of its Board of Directors, and that said Melissa
McDermott, President acknowledged the execution of said instrument to be the voluntary act and deed of said
Corporation by it voluntarily executed.
Witness my hand and Notarial Seal on the date above written.
Notary • Public in and or the State of Iowa
9-3o -ttP
Dubuque, Iowa
TO WHOM IT MAY CONCERN:
Attorney's Certificate
//% /v // 2013
This will certify that I have examined the abstract of title covering Lot C of Brunskill Street Place No. 1, in the City of
Dubuque, Iowa according to plats thereof covering the period from government entry to /Po 4
certified on that date by A br C.. ld 6.1- <,0 / �' r d^
and find that said abstract shows good and merchantable title to said real estate in
-• 21 Dr y r free and clear of all liens and encumbrances and
shows taxes paid including taxes for the • year /�/-Li,4L,= 4.yK„C; Z -,. -
e- %eta %JJd— /r - • -'.'
r � y r7 2 Attorney-at-Law /
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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 C of Brunskill Street Place No. 1, in the City of Dubuque, Iowa have been paid and said real estate is free from
taxes as of this date.
Treasurer of Dubuque County, Iowa
Sheet 3 of 3
City Assessor's Certificate
Dubuque, Iowa ,2013
The foregoing Final Plat of: Brunskill Street Place No. 2, in the City of Dubuque, Iowa, was entered of record in the
Office of the City Assessor of the County of Dubuque, Iowa, on the date first written above.
City Assessor of the County of Dubuque, Iowa
City of Dubuque Zoning Advisory Commission
Dubuque, Iowa Pec.. , 2013
The foregoing Final Plat of: Brunskill Street Place No. 2, in the City of Dubuque, Iowa, was reviewed and approved
by the City of Dubuque Zoning Advisory Commissionegwthe date first written bove.
Chairperson, City of Dubuque Zoning Advisory Commission
City of Dubuque Planning Services
Dubuque, Iowa %%G . .3 , 2013
The foregoing Final Plat of: Brunskill Street Place No. 2, in the City of Dubuque, 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
By: ,2 ;'1. ' •
City Planner of the City of Dubu ue, IA
City of Dubuque. Iowa
Dubuque, Iowa , 2013
The undersigned, Roy D. Buol, Mayor and Kevin Firnstahl, Clerk of the City of Dubuque, Iowa, do hereby certify that
the foregoing Final Plat of: Brunskill Street Place No. 2, in the City of Dubuque, Iowa, and the dedication of Lot A
(Brunskill Road) and all easements to the public, as appears heretofore has been filed in the office of the City
Clerk of Dubuque, Iowa on 49 --4 i3 as resolution No 9 / and that the City Council of the City
of Dubuque, Iowa approves said plat.
Dubuque, Iowa
Mayor .,the -' y of Dubuque, IA
CI k • the City • Dubuque, IA
COUNTY AUDITOR
, 2013
The foregoing Final Plat of: Brunskill Street Place No. 2, 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.
County Auditor of Dubuque, Iowa
Recorder's Certificate
Dubuque, Iowa 2013
The foregoing Final Plat of: Brunskill Street Place No. 2, in the City of Dubuque, Iowa has been reviewed by the
Dubuque County Recorder.
County Recorder of Dubuque, Iowa
O
6
8
PREPARED BY: BIIESING & ASSOCIATES
NOTE:
LOT C OF BRUNSKILL STREET PLACE NO. 1 IS
IN THE 5E1/4 OF SECTION 27, T89N, R2E,
(DUBUQUE TWP.), OF THE 5TH P.M., IN THE
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
RED
12831
Final Plat of:
BRUNSKILL STREET PLACE NO. 2
in the City of Dubuque, Iowa
Comprised of: Lot C of Brunskill Street Place No. 1, in the City of Dubuque, Iowa
EXISTING 5' UTIUTY ACCESS EASEMENT
r PER DOC. #2012- 00023830
S K
LOT 1
1 S 1817'23" E
29.88'
N 12'46'07" W
13.32'
0' 15 30'
1" = 30' (11 "X17 ")
39.91'
I L L
LOT 2
EXISTING 30' ACCESS EASEMENT
— PER D)C. 42012- 00023828
OLD ROW
2.93'
NO C
CAP N
Z ` \62
N, \\ \
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1
NO
CO
• 3/4' PIPE
5.60'
• 33.55'
A / 73.87'(73.65')
7.65'(7.65')
BALANCE LOT 1 -1 OF HARWOOD PLACE
YELLOW
1821
S T R E
LOT 3
5 88'43'55"
L T P
LOT 4
W 236.27'
L A C
LOT 5
N 0
,
LOT 6',
1\\
EXISTING 30' ACCESS, SEWER, PRIVATE WATERMAIN,
ELECTRIC, GAS - D TELEPHONE EASEMENT —
PER DOC. #2012- 00023151
N 88'43'55" E 199.29'
of 30.60' 30.62' 30.66' y 30.65' 3 O5' [ 31.42'
33.92'
23.08' 1 17.94' 12.68'12.75' 17.91' i
17.52' 7.60'
2.50'
co 2,849 SF
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15'
15'
3.
EXISTING 20' SANITARY
SEWER EASEMENT
PER DOC. ,42012- 00023151
36.98'
LOT A OF
BRUNSKILL
STREET PLACE
NO. 1
57.32'
1EGEND
• 5/6' REROD (FOUND)
(CAPPED AS NOTED)
• 1' IRON PIPE (FOUND)
(UNLESS NOTED 01HERW15E)
lu CUT X (FOUND)
O 5/8' ROD W /ORANGE CAP #134137 (FOUND)
• CUT X (PLACED)
O S /8' RER00 (PLACED) (W /ORANGE
PLASTIC CAP MARKED '60018ER 15487')
EXISTING PROPERTY LINE
SURVEYED PROPERTY UNE
SURVEYED PERIMETER
— — RIGHT OF WAY (ROW) UNE
EXISTING EASEMENT UNE
NEW EASEMENT UNE
BUILDING FOUNDATION UNE
RECORD DIMENSION
ROW RIGHT OF WAY
SF SQUARE FEET
778 SF
AG NAIL
NOTES
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
2. PROPRIETOR OF LOT C OF BRUNSKILL STREET PLACE N0. 1
MCDERMOTT BROTHERS CONSTRUCTION INC. 9010 ROYAL WOOD DR PEOSTA, IA 52068.
3. SURVEYED REQUESTED BY: DAN McDERMOTT.
4. FIELD SURVEY DATE: 10- 24 -13.
5. TOTAL SURVEYED AREA 17,715 50UARE FEET.
6. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD.
39.69'(40')
S 86'51'50" W 180.39'
5 86'51'50" W 237.71'(237.80')
59.18'
1' IRON PIPE
IN CONCRETE
LOT 1 -2 -1
MINERAL LOT 228
LOT 1-2-1
MINERAL LOT 228
1' 1808 PIPE
IN CONCRETE
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TERRY L : A
KOELHER _
15487
•
I 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
UCENSED LAND S'U�'j Y R UNDER THE WS OF 1110 STATE OF IOWA.
�. �. 4'L— /I� /S //3
TERRY L KOECCKORR (DATE)
LICENSE NUMBER 15487
MY LICENSE RENEWAL DATE 15 DECEMBER 31. 2013
SHEETS COVERED BY THIS SEAL : SHEETS 1 8, 2
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