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Home My WebLink About2022-03-21 G01 Dowell Property Rezoning_PH AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: March 21, 2022 AGENDA ITEM: Public hearing on an ordinance to amend Chapter 169, Zoning Ordinance, City of Waukee, Iowa, by rezoning certain property from A-1 (Agricultural District) to AR (Single-Family Acreage District) [Dowell Property] FORMAT: Public Hearing SYNOPSIS INCLUDING PRO & CON: The subject property is located south of Interstate 80 and east of R-22 / Ute Avenue and contains approximately 6.48-acres. The property was originally platted within Dallas County prior to annexation into the City of Waukee. The applicant and property owner request to rezone the property from A-1 to AR in order to divide the parcel into three equal lots. In order for the proposed lots to conform to the city zoning ordinance, a rezoning is required. The applicant has submitted consent from 75.98% of property owners within 250-feet of the property to be rezoned. Notification to adjacent property owners was mailed on February 25, 2022. The rezoning signs were placed on the property by the February 28, 2022 deadline. Staff has received two phone calls asking for more information about the rezoning. The subject property is classified as Urban Reserve in the Imagine Waukee 2040 Comprehensive Plan. Urban Reserve is defined as a holding zone until such time as municipal utilities are available to facilitate an orderly urban development pattern. This category is applied to areas that are outside of the projected 2040 growth area but within the long term planned areas and within areas envisioned to be annexed to the City of Waukee. A density of no more than 1-unit per 40- acres is desired. This proposal is for 1-unit per 2-acres. All structures are currently existing. The proposed rezoning to AR is generally more compatible with the applicant’s request. In the A-1 District, 5-acres is required for single-family residences. In the AR District, only 2-acres are required. Once the lot split is complete, each parcel will contain approximately 2.16-acres. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: The Planning and Zoning Commission reviewed the rezoning request on March 8, 2022, and recommended approval: Approval of a rezoning related to a change from A-1 (Agricultural District) to AR (Single-Family Acreage District) [Dowell Property] City Planner, Bill Mettee, introduced the request for approval of a rezoning as submitted by the applicant, Evelyn Dowell. The subject property is located south of interstate 80 and on the east side of R-22/ Ute Ave, containing approximately 6.48 acres. G1 The applicant has submitted the necessary consent (75.98%) of adjacent property owners, and notification of the rezoning was sent February 25th, 2022 and posted on the property February 28th, 2022. Staff has received requests for more information but no correspondence for or against the rezoning. Mr. Mettee advised that the reason for the rezoning is to lower the acreage per dwelling unit requirement as the applicant wishes to split the parcel into three equal parcels to convey to their children. Once split each parcel would be approximately 2.16 acres each. The rezoning and splitting of lots brings the property into conformance with the current regulations of the Waukee zoning code. At this time staff would recommend approval of the rezoning. Commissioner Koshy moved to approve the rezoning related to a change from A- 1 (Agricultural District) to AR (Single Family Acreage District) [Dowell Property]. Commissioner Tessau seconded the motion. Ayes: Hoifeldt, Inman, Koshy, and Tessau. Nays: none. Motion Carried. STAFF REVIEW AND COMMENT: Staff would recommend approval of the proposed rezoning request. RECOMMENDATION: Hold the Public Hearing. ATTACHMENTS: I. Staff Report II. Rezoning Map III. Concept Plan PREPARED BY: Bill Mettee, Planner REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: Dallas County News DATE OF PUBLICATION: March 10, 2022 PLANNING AND ZONING COMMISSION STAFF REPORT PROJECT: Dowell Property – Rezoning PREPARED BY: Bill Mettee, Planner REPORT DATE: March 4, 2022 MEETING DATE: March 8, 2022 GENERAL INFORMATION Applicant/Owner: Evelyn Dowell Owner’s Representative: Joel Romey, PLS with Raccoon Valley Land Surveying Request: The applicant is requesting approval of a rezoning of their property from A-1 Agricultural to AR Single-Family Acreage. Location and Size: Property is generally located south of Interstate 80 and on the east side of R-22/Ute Avenue, containing approximately 6.48 acres. AREA MAP ABOVE: Aerial of Property identifying the proposed rezoning (outlined in ORANGE). March 4, 2022 2 of 2 LAND USES AND ZONING Location Existing Land Use Comprehensive Plan Current Zoning Property in Question Single Family Residential Urban Reserve A-1 (Agricultural District) North Agricultural Urban Reserve A-1 (Agricultural District South Dallas County Dallas County Dallas County East Dallas County Dallas County Dallas County West Single-Family Residential Urban Reserve A-1 (Agricultural District) BACKGROUND & PROJECT DESCRIPTION The applicant has submitted the necessary consent (75.98%) to the rezoning. Notification to adjacent property owners was mailed on February 25, 2022. To date, staff has received one phone call regarding the rezoning. A sign notifying the traveling public was required to be placed on site no later than February 28, 2022. The applicant is requesting approval of a rezoning application to change the zoning of 3392 Ute Avenue from A-1 Agricultural to AR Single-Family Acreage. The applicant wishes to split the parcel into three equal parcels of land to convey to the applicant’s children. Each parcel will be 2.16-acres after the lot split. The rezoning combined with the lot split will bring the land and existing structures into conformance with the current regulations of the Waukee zoning code. Applicable setback lines have been shown on the Plat of Survey that accompanied the application. Specifically, the minimum requirements for lots within the subject property are as follows: Table 1: Standard AR requirements in comparison to the A-1 District. Category Standard A-1 (minimum) Proposed AR (minimum) Lot Area 5-acres 2-acres Lot Width 200-feet 120-feet Lot Depths Front: 75-feet | Side: 50-feet total, minimum of 20-feet on one side | Rear: 50-feet Front: 50-feet | Side: 50-feet total, minimum of 20-feet on one side | Rear: 50-feet COMPREHENSIVE PLAN: Urban Reserve Designation: Areas that are not contiguous to existing urban development. They are usually served by private on-site utilities. Low densities are preferred within this classification. This proposal would be for a density of 1-unit per 2-acres. STAFF RECOMMENDATION Staff recommends approval of the rezoning request. EVELYN L. DOWELL ESTATE UTE A V E N U E Raccoon Valley Land Surveying 3392 UTE AVENUE REZONING MAP UTE A V E N U E PRELIMINARY PLAT OF SURVEY Raccoon Valley Land Surveying 082 21 PART SW/1/4-SW.1/4 SEC. 17 T78N R26W PARCEL 22-13 PARCEL 22-14 PARCEL 22-15 ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 169, ZONING ORDINANCE, CITY OF WAUKEE, IOWA BY AMENDING THE ZONING FROM A-1 (AGRICULTURAL DISTRICT) TO AR (SINGLE-FAMILY ACREAGE DISTRICT) FOR CERTAIN PROPERTY [DOWELL PROPERTY] BE IT ORDAINED by the Council of the City of Waukee: Section 1. Section 160.02 of Chapter 169, Waukee Municipal Code, Zoning Ordinance of the City, adopting the Official Zoning Map, is hereby amended by amending the following real estate (Property) from A-1 (Agricultural District) to AR (Single-Family Acreage District), legally described as follows: ALL THAT PART OF THE SOUTHWEST QUARTER WEST OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 78 NORTH, RANGE 26 WEST OF 5th P.M., WAUKEE, DALLAS COUNTY, IOWA LYING SOUTEAST OF THE SOUTHEA STERLY RIGHT-0F-WAY LINE OF UTE AVENUE AS IT IS PRESENTLY ESTABLISHED DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW.1/4) OF THE SW.1/4 OF SAID SECTION 17; THENCE S83°24'25"W ALONG THE SOUTH LINE OF THE SW.1/4 OF THE SW.1/4 OF SAID SECTION 17, A DISTANCE OF 950.80 FEET TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF UTE AVENUE AS IT IS PRESENTLY ESTABLISHED; THENCE N54°06'45"E ALONG THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID UTE AVENUE, a distance of 896.30 FEET; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID UTE AVENUE AND ALONG 676.60 FEET RADIUS RCUVE CONCAVE NORTHWESTERLY, A DISTANCE OF 381.12 FEET; SID CURVE HAVING A CENTRAL ANGLE O F 32°16'26", A CHORD LENGTH OF 376.10 FEET AND A CHORD BEARING OF N37°58'30"E; TO THE EST LINE OF THE SW.1/4 OF THE SW.1/4 OF SAID SECTION 17; THENCE S01°02'55"W ALONG THE EAST LINE OF THE SW.1/4 OF THE SW.1/4 OF SAID SECTION 17, A DISTANCE OF 712.83 FEET TO THE POINT OF BEGINNING. THE PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. Section 2. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. Section 4. Effective Date. This ordinance shall be in effect upon its final passage, approval and publication as provided by law. Passed by the Council this 21st day of March, 2022 and approved this 21st day of March, 2022. Courtney Clarke, Mayor Attest: Rebecca D. Schuett, City Clerk