HomeMy WebLinkAbout2022-03-21 G02 Tanglewoods Acres Plat 3_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 R-1 (Single-Family Residential District)
[Tanglewoods Acres Plat 3]
FORMAT: Public Hearing
SYNOPSIS INCLUDING PRO & CON: The subject property is located north of Ashworth
Road and east of R-22 / Ute Avenue and contains approximately 4.40-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 R-1 in order to move the
lot line approximately 70-feet to the west for sale of the property. In order for the proposed lots to
conform to the city zoning ordinance, a rezoning is required.
The applicant has submitted consent from 69.85% 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 no correspondence related to this request.
The subject property is classified as Open Space in the Imagine Waukee 2040 Comprehensive
Plan. The property currently has a residential dwelling unit on it. Much of the property will
remain open space because it is within a FEMA mapped floodplain.
The proposed rezoning to R-1 is generally more compatible with the applicant’s request. In the
A-1 District, 5-acres is required for single-family residences. In the R-1 District, only 10,000
square feet is required. As the subject lots are platted today, the lot with the home is 1.82-acres
and the eastern lot is 2.58-acres. After the lot line adjustment, the lot with the home will be 1.45-
acres and the eastern lot will be 2.95-acres. This will bring the subject properties into
conformance with the zoning ordinance.
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 R-1
(Single Family Residential District) [ Tanglewoods Acres Plat 3]
City Planner, Bill Mettee, introduced the request for approval of a rezoning as
submitted by the applicants, Robert and Tiffany Manning. The subject property is
generally located north of Ashworth Road and east of R-22/Ute Avenue, Containing
G2
approximately 4.40 acres. The applicant submitted the necessary consent (69.85%) from
adjacent property owners for the rezoning. To date staff has not received correspondence
for or against the rezoning.
Mr. Mettee advised that that the lot is legally non-conforming as it does not meet
the requirements of the A-1 district to contain 5 acres per dwelling unit. In order to split
the lot as desired, a rezoning is necessary. Two lots will be formed through future platting
that is dependent upon the rezoning. Lot 1 which contains the existing dwelling structure
will contain 1.45 acres and lot 2 which houses a portion of Sugar Creek. With the future
platting the applicant plans to move the lot line closer to the current dwelling to provide
more viable building land on lot 2 outside of the FEMA flood plain that exists due to the
creek location.
• Commissioner Hoifeldt questioned if there was a desire to sell the property
identified as lot 2. Mr. Mettee advised that staff was under the impression that the
applicant would be selling both lots.
• Commissioner Koshy questioned the size of the flood plain on lot 2. Erin
Ollendike, a representative of the applicant, advised that it is a large portion of the
eastern part of lot 2, but that the actual size in feet is unknown at this time.
Commissioner Hoifeldt moved to approve the rezoning related to a change from A-1
(Agricultural district) to R-1 (Single Family Residential District) [Tanglewoods Acres
Plat 3]. The motion is seconded by Commissioner Koshy. Ayes: Hoifeldt, Inman,
Broderick, 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: Tanglewoods Acres Plat 3 – Rezoning PREPARED BY: Bill Mettee, Planner
REPORT DATE: March 4, 2022
MEETING DATE: March 8, 2022
GENERAL INFORMATION
Applicant/Owner: Robert and Tiffany Manning
Owner’s Representative:
Erin Ollendike, P.E. with Civil Design Advantage, LLC
Request: The applicant is requesting approval of a rezoning of
their property from A-1 Agricultural to R-1 Single-Family
Residential.
Location and Size: Property is generally located north of Ashworth Road
and east of R-22/Ute Avenue, containing
approximately 4.40 acres.
AREA MAP
ABOVE LEFT: Aerial of Property identifying the proposed plat (outlined in ORANGE).
March 4, 2022
2 of 3
LAND USES AND ZONING
Location Existing Land Use Comprehensive Plan Current Zoning
Property in
Question
Single Family Lot Open Space A-1 (Agricultural District)
North Single Family
Residential
Open Space A-1 (Agricultural District
South Dallas County Dallas County Dallas County
East Vacant |
Undeveloped
Single Family
Residential
R-1 / PD-1 (Single Family Residential
District) (Planned Development)
West Agricultural Open Space A-1 (Agricultural District)
BACKGROUND & PROJECT DESCRIPTION
The subject property is located at 31329 Ashworth Road, near the intersection with R-22 / Ute Avenue. For real estate
purposes, the applicant has asked for a Final Plat to move the lot line approximately 70-feet to the west. In the
Agricultural District, 5-acres is required for a single-family home, which makes this lot legally non-conforming, as it was
previously under the jurisdiction of Dallas County. In order to move forward with the Final Plat and bring the lots into
conformity with the current City of Waukee zoning regulations, a rezoning is required to a district that allows for
smaller sized lots.
Currently, two lots are proposed to be rezoned in order to adjust the lot line. Lot 1, with the dwelling structure, is
1.82-acres and Lot 2 is 2.58-acres. Once the lot line adjustment is complete, Lot 1 will be 1.45-acres and Lot 2 will be
2.95-acres.
The applicant has submitted the necessary consent (69.85%) to the rezoning. Notification to adjacent property owners
was mailed on February 25, 2022. To date, staff has not received any correspondence either for or against the proposed
rezoning. A sign notifying the traveling public was required to be placed on site no later than February 28, 2022.
Specifically, the minimum requirements for lots within the subject property are as follows:
Table 1: Standard R-1 requirements in comparison to the A-1 District.
Category Standard A-1 (minimum) Proposed R-1 (minimum)
Lot Area 5-acres 10,000-square feet
Lot Width 200-feet 80 feet
Yard Depths | Setbacks Front: 75-feet | Side: 50-feet total,
minimum of 20-feet on one side |
Rear: 50-feet
Front: 30-feet | Side: 15-feet total,
minimum of 7-feet on one side | Rear:
30-feet
March 4, 2022
3 of 3
COMPREHENSIVE PLAN
Open Space Designation: This property was platted prior to annexation into the city. Rezoning the property would
bring the lot into conformance with the zoning ordinance. Much of the property will remain open space because it is
within a FEMA mapped floodplain.
STAFF RECOMMENDATION
Staff recommends approval of the rezoning request.
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REZONING DESCRIPTION:
ENGINEER
OWNER / APPLICANT ZONING:
BULK REGULATIONS:
VICINITY MAP: (N.T.S)ADJACENT OWNERSHIP:
WAUKEE, IOWA
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2
ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 169, ZONING ORDINANCE, CITY OF
WAUKEE, IOWA BY AMENDING THE ZONING FROM A-1 (AGRICULTURAL
DISTRICT) TO R-1 (SINGLE-FAMILY RESIDENTIAL DISTRICT) FOR CERTAIN
PROPERTY [TANGLEWOODS ACRES PLAT 3]
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 R-1 (Single-Family
Residential District), legally described as follows:
LOTS 2 AND OUTLOT 'Z', TANGLEWOODS ACRES PLAT 2, BEING A PART OF
SECTION 5, TOWNSHIP 78 NORTH, RANGE 26 WEST OF THE 5TH P.M., CITY OF
WAUKEE, DALLAS COUNTY, IOWA
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