HomeMy WebLinkAbout2020-07-06-H01 15705 University Ave Rezoning Ordinance_PH AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: July 6, 2020
AGENDA ITEM: Public Hearing on an ordinance to amend Chapter 169, Zoning Ordinance,
City of Waukee, Iowa, by rezoning certain property from C-4 Office Park
Commercial District / PD-1 Planned Development Overlay to C-4 Office Park
Commercial District and C-1A Neighborhood Commercial District (15705
University)
FORMAT: Public Hearing
SYNOPSIS INCLUDING PRO & CON: The applicant, Andy Rowland, requests approval of a
rezoning from C-4/PD-1 to C-4 and C-1A for property located north of SE University Avenue and
west of SE Waco Pace. The property is approximately 4.36-acres in area. The area proposed to be
zoned C-1A (Neighborhood Commercial District) is located in the southwest corner of the property
and is 0.92-acre in area. The remaining 3.44-acres is proposed to be zoned C-4 (Office Park
Commercial District). The request would remove the existing planned development from the property.
The applicant received 58% consent from surrounding property owners for the request.
The property has been the subject of multiple rezoning requests over the years with the most recent
being in 2017 to allow for a senior living center. The previous owner of the property never built the
senior living center and has sold the property to the current owner, MDBB1, LLC.
A concept plan was provided that identified three office buildings and one retail building on the site.
The buildings are conceptual at this point and no users have been identified. A 30-foot landscape
buffer along the perimeter of the property will be required as part of improvements to the property to
screen it from adjacent residential uses.
The Imagine Waukee 2040: Comprehensive Plan identifies the subject property as Single Family
Residential which is defined as traditional forms of single family housing with lot sizes ranging from
8,000 square feet to 0.50-acres in area with an average density of 2 to 4 units per acre.
While the Comprehensive Plan identifies the property for single family residential, the proposed
rezoning of the property is consistent with the definitions of the land use classifications of
Neighborhood Commercial and Business Park within the Comprehensive Plan. The Comprehensive
Plan defines Neighborhood Commercial as areas intended to serve surrounding residential
neighborhoods and located along collector roadways or at the intersection of a collector and arterial
roadway. The Business Park classification is defined as office or related uses arranged in formal
business park settings or in smaller concentrations located throughout with proximity to major
roadways being an important locational factor.
The subject property is located adjacent to existing single family and multi-family residential
development and it is located along SE University Avenue which is classified as a minor arterial street.
The proposed C-1A zoning is consistent with the definition of Neighborhood Commercial due to its
proximity to existing residential development and it location along a major road. The proposed C-4
H1
zoning is consistent with the definition of Business Park due to its location along a major roadway
corridor and it being a small concentration of office development.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT: The Planning and Zoning Commission
reviewed the request at their June 23, 2020 meeting and recommended
approval:
Approval of a Rezoning Related to a Change from C-4 ( Office Park Commercial District)/ PD-1
( Planned Development Overlay District) to C-4 (Office Park Commercial District)/ C-1A
(Neighborhood Commercial District) [15705 University Avenue]
Senior City Planner, Andy Kass, introduced the request for rezoning as submitted by the applicant
MDBB1, LLC. The property is generally located north of SE University Avenue and west of SE Waco
Place, containing approximately 4.36 acres. The applicant has submitted the necessary consent to the
rezoning. Signage was placed and mailed notifications were sent out June, 15th, 2020. To date staff has
not received any correspondence either for or against the proposed rezoning.
Mr. Kass advised that the parcel has been the subject of a number of rezoning requests with the most
recent request being in 2017. The project from the 2017 rezoning was never realized and the parcel has
since been sold to the applicant of this rezoning. The current applicants are suggesting 0.92 acres in
the southwest corner of the site to be zoned C-1A (Neighborhood Commercial District) and the
remaining 3.44 acres to be zoned C-4 (Office Park Commercial District). The concept plan provided
indicates 4 buildings on the site with associated parking areas. A 30 foot landscape buffer will be
required along the west, north, and east sides of the development, and access is proposed off of SE
University Avenue. Storm water retention is shown to be contained in a pond on the north side of the
site.
Mr. Kass explained that the proposed rezoning is in general conformance with the Comprehensive
Plan due to its location along SE University Avenue and the nearby residential districts. At this time
Staff would recommend approval subject to any remaining Staff comments.
Commissioner Inman asked for a few examples of what would be allowed in a neighborhood
commercial district. Mr. Kass advised that this could include but is not limited to bakeries,
fitness centers, coffee shops, and potentially a convenience store if enough space is available.
The Office Park Commercial District could contain office space for doctor offices, lawyers,
dentists, and pharmacies.
Commissioner Broderick questioned about the approval amount of 58%. Mr. Kass advised that
50% or more is needed for a rezoning. The percentage is based on frontage property that abuts
the subject property. In this case, the apartment owners to the west, the development to the
south and two homeowners have submitted consent. It is possible that once consent is reached,
additional attempts to reach other property owners is not seen as necessary.
A question was submitted in the chat asking how many cars could potentially be parked at one
time. Mr. Kass advised that the needed parking is unknown as the uses of the buildings are
unknown. General office use has a requirement of 3 spaces per 1000 square feet of space.
Commissioner Hoifeldt brought forward another question from the chat that questioned about
the height of the building. Mr. Kass advised that there is a maximum height of 2 stories or 40
feet.
Andy Rowland, a representative for the applicant, advised that there is no set timing for when
construction would start. There are no known tenants for the concept. Mr. Roland addressed a
question from the chat that inquired about the hours of the buildings. He advised that the intent
would be office hours but the southwest corner to be zoned C-1 could have weekend or
evening hours depending on the use.
Commissioner Koshy questioned about the landscaping. Mr. Roland advised that the area was
very overgrown. To date, the owners have been working to remove dead trees and replant new
trees within the buffer areas to make up for the removed greenery and reinforce the buffer.
A question appeared in the chat asked if there was an estimate on the amount of parking
spaces for the area. Mr. Kass advised that, going off of the concept plan, approximately 130
parking spaces would be needed. The concept plan does show some underground parking that
would count towards fulfilling this requirement.
Commissioner Hoifeldt verbalized a question in the chat which asked if a fence was required
around the perimeter of the development. Mr. Kass advised that all that is required is a
landscape buffer. It would be up to City Council to propose additional items like a fence.
A question in the chat wondered about the lighting of the area. Mr. Kass advised that the
lighting (photometric) plans are reviewed during site plan submittal. The City does have a
lighting ordinance that requires downcast lighting and other requirements to minimize any
impact to surrounding locations.
A final question in the chat questioned if property owners have a say in the rezoning. Mr. Kass
advised that the Commission is simply a recommending body to the City Council. If further
concerns are had about the proposed rezoning they can be submitted to staff to be provided to
the council, or a presence can be made at the public hearing July 6th at 5:30pm at the City
Council Chambers.
Commissioner Broderick moved to approve the Rezoning related to a change from C-4 ( Office Park
Commercial District)/ PD-1 ( Planned Development Overlay District) to C-4 (Office Park Commercial
District)/ C-1A (Neighborhood Commercial District) [15705 University Avenue]. The motion was
seconded by Commissioner Streit. Ayes: Broderick, Streit, Koshy, Conley, Inman and Hoifeldt. Nays:
None. Motion Carries.
STAFF REVIEW AND COMMENT: The proposed rezoning is in general conformance with the
Comprehensive Plan as discussed above. In addition, the location of the property is suitable for office
and neighborhood commercial development because of its location along SE University Avenue and
the existing full access point. Buffering measures will be installed as development occurs to screen the
development from adjacent residential uses. In addition, the architectural requirements within the Site
Plan Ordinance will help ensure that appropriately designed buildings compatible with surrounding
development are constructed on the property.
RECOMMENDATION: Staff recommends holding the Public Hearing
ATTACHMENTS: I. Staff Report
II. Rezoning Map
III. Concept Plan
PREPARED BY: Andy Kass, Senior Planner
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION: Dallas County News
DATE OF PUBLICATION: June 25, 2020
PLANNING AND ZONING COMMISSION STAFF REPORT
PROJECT: 15705 University Avenue – Rezoning PREPARED BY: Andy Kass AICP, Senior Planner
REPORT DATE: June 19, 2020
MEETING DATE: June 23, 2020
GENERAL INFORMATION
Applicant: Andy Rowland
Owner:
MDBB1, LLC
Owner’s Representative:
Wally Pelds, P.E. – Pelds Design Services
Request: The applicant is requesting approval of a rezoning for
an office / commercial development.
Location and Size: Property is generally located north of SE University
Avenue and west of SE Waco Place, containing
approximately 4.36-acres.
AREA MAP
ABOVE LEFT: Aerial of Property identifying the area proposed to be rezoned. The area outlined in BLUE is proposed to be zoned
C-4. The area outlined in RED is proposed to be zoned C-1A.
June 19, 2020
2 of 3
LAND USES AND ZONING
Location Existing Land Use Comprehensive Plan Current Zoning
Property in
Question
Vacant Property Single Family
Residential
C-4 (Office Park Commercial District) /
PD-1 (Planned Development Overlay)
North Vacant –
Undeveloped
Single Family
Residential
R-2 (One & Two Family Residential
District)
South Vacant –
Undeveloped
Community
Commercial
C-1 (Community & Highway Service
Commercial District) / PD-1 (Planned
Development Overlay)
East Fox Creek Estates
Plat 9
Single Family
Residential
R-2 (One & Two Family Residential
District)
West Vacant -
Undeveloped
High Density
Residential
R-2 (One & Two Family Residential
District)
BACKGROUND
The subject property is located north of SE University Avenue and west of SE Waco Place. The property is 4.36-acres in
area and has an existing storage shed located on it. The property has been the subject to a number of rezoning requests
over the years with the most recent request being in 2017. The request in 2017 was to rezone the property to allow a
senior living center. The senior living project was never built and the previous owner has since sold the property to the
applicant.
The applicant has submitted the necessary consent to the rezoning with consent from 58% from neighboring property
owners for the area proposed to be rezoned. The rezoning sign was placed on the property on June 15, 2020.
Notification to adjacent property owners was mailed on June 15, 2020. To date, staff has not received any
correspondence either for or against the proposed rezoning.
PROJECT DESCRIPTION
A 0.92-acre portion of the property in the southwest corner of the site is proposed to be zoned C-1A (Neighborhood
Commercial District). The Zoning Ordinance describes the Neighborhood Commercial District as, space for
development that routinely assists the daily needs of the local traveling public while promoting scale and harmony with
adjacent residential land uses. The remaining 3.44-acres is proposed to be zoned C-4 (Office Park Commercial District).
The Zoning Ordinance describes the Office Park Commercial District as providing certain areas of the City for the
development of professional and business offices. The bulk regulations for the C-4 and C-1A zoning districts are
summarized below.
Table 1: Standard C-4 requirements.
Category Standard C-4 (minimum)
Lot Area No minimum
Lot Width No Minimum
Front Yard Setback 40 feet
Rear Yard Setback 30 feet
Side Yard Setback 30 feet
June 19, 2020
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Table 2: Standard C-1A requirements.
Category Standard C-1A (minimum)
Lot Area No minimum
Lot Width No minimum
Front Yard Setback 30 feet
Rear Yard Setback 30 feet
Side Yard Setback 30 feet
The concept plan provided indicates four (4) buildings on the site and associated parking areas. Two of the buildings are
shown to have underground parking. The largest building shown is 17,400 square feet in area and is located within the
area proposed to be zoned C-1A. Sizes of buildings will be determined based on setbacks, required parking, and
proposed uses within the buildings. The buildings shown are conceptual at this point and no users of the property have
been identified at this time. As part of the development, a 30-foot landscape buffer will be required along the north,
west and east sides of the property to screen the commercial and office development from the existing residential
neighborhoods that surround the property. Access to the property is provided from SE University Avenue. The access
is an existing full access point that is not signalized. A storm water retention pond is shown on the north side of the
property to provide detention for the development.
COMPREHENSIVE PLAN
The Imagine Waukee 2040: Comprehensive Plan identifies the subject property as Single Family Residential which is defined
as traditional forms of single family housing with lot sizes ranging from 8,000 square feet to 0.50-acres in area with an
average density of 2 to 4 units per acre.
While the Comprehensive Plan identifies the property for single family residential, the proposed rezoning of the property is
consistent with the definitions of the land use classifications of Neighborhood Commercial and Business Park within the
Comprehensive Plan. The Comprehensive Plan defines Neighborhood Commercial as areas intended to serve surrounding
residential neighborhoods and located along collector roadways or at the intersection of a collector and arterial roadway.
The Business Park classification is defined as office or related uses arranged in formal business park settings or in smaller
concentrations located throughout with proximity to major roadways being an important locational factor.
The subject property is located adjacent to existing single family and multi-family residential development and it is located
along SE University Avenue which is classified as a minor arterial street. The proposed C-1A zoning is consistent with the
definition of Neighborhood Commercial due to its proximity to existing residential development and it location along a
major road. The proposed C-4 zoning is consistent with the definition of Business Park due to its location along a major
roadway corridor and it being a small concentration of office development.
STAFF RECOMMENDATION
The proposed rezoning is in general conformance with the Comprehensive Plan as discussed above. In addition, the
location of the property is suitable for office and neighborhood commercial development because of its location along SE
University Avenue and the existing full access point. Buffering measures will be installed as development occurs to
screen the development from adjacent residential uses. In addition, the architectural requirements within the Site Plan
Ordinance will help ensure that appropriately designed buildings compatible with surrounding development are
constructed on the property. Staff recommends approval of the rezoning for 15705 University Avenue.
30-foot landscape buffer30-foot landscape buffer
30-foot landscape buffer30-foot landscape buffer30-foot landscape buffer 30-foot landscape buffer
114 712121212111010666 66610Project informationProject: Andy Rowland / Revision #1 / REZONE CONCEPTAdditional informationNumber of parking spaces: 172Surface parking lot: 24021.35 sf [0.55 ac]Surface driveways: 27403.87 sf [0.63 ac]Total surface: 190967.21 sf [4.38 ac]Pervious surface: 78249.81 sf [1.8 ac]Impervious surface (59%): 112717.4 sf [2.59 ac]BUILDING 113,880 sq.ft.1213UNDERGROUND GARAGE PARKINGUNDERGROUND GARAGE PARKINGBUILDING 217,400 sq.ft.BUILDING 310,000 sq.ft.BUILDING 411,900 sq.ft.PondDISCLAIMER:THIS DRAWING IS BEING MADE AVAILABLE BY A. LEO PELDS ENGINEERING COMPANY (A.L.P.E.C.) FOR USE ON THIS PROJECT IN ACCORDANCE WITHA.L.P.E.C.'S AGREEMENT FOR PROFESSIONAL SERVICES. A.L.P.E.C.ASSUMES NO RESPONSIBILITY OR LIABILITY (CONSEQUENTIAL OR OTHERWISE)FOR ANY USE OF THESE DRAWINGS (OR ANY PART THEREOF) EXCEPT IN ACCORDANCE WITH THE TERMS OF SAID AGREEMENT.EXISTING UTILITIES NOTE:THE LOCATIONS OF THE EXISTING UTILITIES SHOWN HEREON ARE APPROXIMATE. THEY HAVE BEEN PLOTTED FROM AVAILABLE SURVEYS AND/ORRECORDS. THE CONTRACTOR IS RESPONSIBLE TO ENSURE THAT ANY EXISTING UTILITIES (SHOWN OR NOT SHOWN) ARE NOT DAMAGED DURINGCONSTRUCTION: IOWA ONE-CALL (1-800-292-8989).15705 UNIVERSITY AVENUE20-016TITLE:TBDS:/.scjBENCHMARK:FILE PATH:REVISIONS:DRAWING NO:MDBB1, LLC SERIES 4WAUKEE, IOWASheet XLEGEND:STANDARD SYMBOLS:IRON ROD OR PIPE FOUNDCALCULATED CORNERSECT. COR. MONUMENT FOUNDSECT. COR. MONUMENT CALC.POWER POLELIGHT POLEMORE OR LESSFENCE LINEFIRE HYDRANTSANITARY SEWER MANHOLEVALVESPOT ELEVATION (@ x)HOT MIX ASPHALTUTILITY LINE OR PIPEWATERGASSANITARY SEWERSTORM SEWERUNDERGROUND ELEC. / TEL.OVERHEAD ELEC. / TEL.FINISHED FLOORF.F.NOT TO SCALEN.T.S.x:125.34xxxH.M.A.xxxWSTUGE/TOHE/T+/-CABLE TELEVISIONCATVGASSANSTORM SEWER MANHOLEP.C.C.PORTLAND CEMENT CONCRETE06-04-20201" = 50'SCALE: LATEST REVISION:04-27-2020COPYRIGHT DATE:DRAWN BY:VLP/ABCONCEPT DEVELOPMENT PLANZONING:EXISTING: PD (C-4 UNDERLYING)PROPOSED: C-4 AND C-1APREPARED FOR:ANDY ROWLAND15920 HICKMAN ROAD SUITE 400CLIVE, IOWA 50325PROPRIETOR:MDBB1 LLC2600 WESTOWN PARKWAY SUITE 210WEST DES MOINES, IOWA 50266Legal Description of Property: A TRACT OF LAND IN THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER (S 1/2, SW 1/4)OF SECTION 35 TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY,IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AS A POINT OF REFERENCEAT THE SOUTH QUARTER (1/4) CORNER OF SAID SECTION 35; THENCE WEST 545.0 FEETALONG THE SOUTH LINE OF SAID SW 1/4 TO A POINT; THENCE NORTH 60.0 FEET TO THEPOINT BEGINNING ON THE NORTH RIGHT-OF-WAY OF UNIVERSITY AVENUE; THENCE CONTINUINGNORTH 407.0 FEET TO A POINT; THENCE WEST 467.0 FEET TO A POINT; THENCE SOUTH 407.0FEET TO A POINT SAID POINT BEING IN A FENCE ON THE NORTH RIGHT-OF-WAY OF UNIVERSITYAVENUE; THENCE EAST 467.0 FEET ALONG SAID RIGHT-OF-WAY TO THE POINT OF BEGINNINGAND CONTAINS 4.36 ACRES EXCLUSIVE OF ROAD RIGHT-OF-WAY.ParkingParkingParkingParkingParkingParkingParkingParkingParkingParkingParking24.0'24.0'24.0'Parking ParkingParkingParkingParkingParking24.0'24.0'Drive AisleDrive AisleD rive A isleDrive Aisle27.8'27.6'Drive AisleDrive Aisle24.0'N 89°43'38" W 467.0'N 00°17'35" E 405.2'S 89°55'35" E 466.5'S 00°13'35" W 406.8'