HomeMy WebLinkAbout2022-05-02 H02 Legacy Park West Rezoning_PH AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: May 2, 2022
AGENDA ITEM: Public hearing on an ordinance correcting a legal description error in
Ordinance No. 3024, by repealing the ordinance and amending Chapter
169, Zoning Ordinance, City of Waukee, Iowa, by rezoning certain
property from C-1 (Community & Highway Service Commercial
District) to M-1 (Light Industrial District), a property to be known as
[Legacy Park West]
FORMAT: Public Hearing
SYNOPSIS INCLUDING PRO & CON: This request was previously approved at the City
Council meeting on April 4, 2022. Upon approval by the City Council, staff was made aware of
an error in the legal description used in the publication of the notice for the rezoning and the
approved ordinance. Under the advice of the City Attorney, the request is required to be
considered again by both the Planning & Zoning Commission and the City Council to correct the
legal description error and repeal the previously approved ordinance. The request is the same
request that was considered in February and nothing related to the application has changed.
The subject property is located north of Interstate 80 and west of R-22. The property was
originally zoned in 2006 in conjunction with the property to the east. The applicant and property
owner request to rezone the property from C-1 to M-1 for a light industrial development.
The applicant has submitted consent from 61.78% of property owners within 250-feet of the
property to be rezoned. Notification to adjacent property owners was mailed on February 11,
2022. The rezoning signs were placed on the property by the February 14, 2022 deadline. Staff
has not received any correspondence regarding this request. Staff would note that the applicant
did contact all adjoining property owners within 250-feet of the property to obtain consent prior
to filing the rezoning application. In addition, the applicant provided a letter to the adjoining
property owners describing the types of tenants they lease or sell space to and how they manage
their other industrial projects within the Des Moines metro. A copy of the letter has been included
for your review.
The concept plan provided shows eleven (11) lots to be platted for future industrial development.
The lots range in size from 3.95-acres to 13.49-acres in area. All lots would meet the
requirements of the M-1 zoning district. Site plans for any proposed development on the property
will be required in the future. Included within future site plan review additional information
related to architecture and site lighting will be required.
Access to the property is shown to be provided via an extension of Prairie Bluff Drive that would
be installed along the north side of the property to the east and into the subject property. Prairie
Bluff Drive is shown to continue to the west and connect to U Place along the west plat boundary.
The applicant would also install a connection to Wildwood Court to the north. Improvements
H2
would also be required to completed on U Place. Sanitary sewer and water main are within the
vicinity to serve the proposed development.
Landscape buffers are shown along the north and east boundaries of the property. The buffers are
40-feet in width because of the adjoining zoning classifications to the proposed zoning. In
addition, to the buffer, a berm will be required along the north property boundary. The applicant
has provided a cutaway sketch of what the berm would look like from a height perspective. The
berm is shown to be 6-feet in height at the finish grade elevation of the single-family lots to the
north, at the finish grade of the proposed industrial lots, the berm is 12-feet in height. This
additional height would add greater screening and buffering between the residential and proposed
industrial zoning.
The subject property is primarily classified as Light Industrial Office in the Imagine Waukee
2040 Comprehensive Plan. Light Industry Office is defined as showroom, flex space, and
manufacturing space. The Comprehensive Plan also states that proximity to regional road
corridors is a critical factor in locating in these areas. A small amount of the property is identified
as Medium Density Residential which is classified as townhome and row home products that are
4 to 12 units per acre in density.
The proposed zoning is largely consistent with the comprehensive plan land use classification.
Staff believes that appropriate measures can be put in place with screening and berming to
mitigate any incompatibilities between the existing single-family neighborhood to the north and
the proposed industrial development.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT: The Planning and Zoning
Commission reviewed the rezoning request on April 26, 2022, and
recommended approval:
Consider a rezoning request from Anderson Four, LLC to change the zoning from C-1
Community & Highway Service Commercial to M-1 Light Industrial for a parcel of land
located north of Interstate 80 and west of R-22, Waukee, Dallas County, Iowa. [Legacy
Park West]
Community Development Director, Andy Kass, presented the staff report, outlining the scope of
the project. Mr. Kass stated that due to an error in the legal description and on advice of the City
Attorney, the rezoning application needed to go through the process again.
Mr. Kass noted that this application was heard at Planning and Zoning in February and had been
through the three required readings at City Council.
No members of the public spoke to this application.
Motion was made by Angie Tessau to approve the rezoning. The motion was seconded by Frank
Hoifeldt. On voice vote: All ayes: Motion carries 4-0
STAFF REVIEW AND COMMENT: Staff would recommend approval of the proposed
rezoning request based on its conformance with the Comprehensive Plan.
RECOMMENDATION: Hold the Public Hearing.
ATTACHMENTS: I. Staff Report
II. Rezoning Map
III. Concept Plan
IV. Supplemental Information
PREPARED BY: Andy Kass, Community Development Director
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION: Dallas County News
DATE OF PUBLICATION: April 21, 2022
PLANNING AND ZONING COMMISSION STAFF REPORT
PROJECT: Legacy Park West – Rezoning PREPARED BY: Andy Kass AICP, Community
Development Director
REPORT DATE: April 22, 2022
MEETING DATE: April 26, 2022
GENERAL INFORMATION
Applicant: Anderson Four, LLC
Owner:
Anderson Four, LLC
Owner’s Representative:
Erin Ollendike, PE – Civil Design Advantage
Request: The applicant is requesting approval of a rezoning for
a light industrial development.
Location and Size: Property is generally located north of Interstate 80
and west of R-22, containing approximately 91.57-
acres.
AREA MAP
ABOVE LEFT: Concept plan of the development identifying the area proposed to be rezoned. The area outlined in BLUE is the area
proposed to be rezoned.
April 22, 2022
2 of 3
LAND USES AND ZONING
Location Existing Land Use Comprehensive Plan Current Zoning
Property in
Question
Vacant -
Undeveloped
Light Industrial Office
& Medium Density
Residential
C-1 (Community & Highway Service
Commercial District)
North Painted Woods West
Plats 1 – 4 &
Proposed Painted
Woods West Phase 2
Single Family
Residential & Medium
Density Residential
R-2 (One & Two Family Residential
District) & A-1 (Agricultural District)
South I-80 West Industrial
Park Plats 1 & 2
Light Industrial Office M-1 (Light Industrial District)
East GATR Truck Center Community
Commercial
C-1 (Community & Highway Service
Commercial District)
West Vacant –
Undeveloped
Urban Reserve Dallas County
BACKGROUND
The subject property is located north of Interstate 80 and west of R-22. The property was originally zoned in 2006 in
conjunction with the property to the east. The applicant and property owner request to rezone the property from C-1
to M-1 for a light industrial development.
The applicant has submitted consent from 61.78% of property owners within 250-feet of the property to be rezoned.
Notification to adjacent property owners was mailed on April 15, 2022. Staff has not received any correspondence
regarding this request. Staff would note that the applicant did contact all adjoining property owners within 250-feet of
the property to obtain consent prior to filing the rezoning application. In addition, the applicant provided a letter to the
adjoining property owners describing the types of tenants they lease or sell space to and how they manage their other
industrial projects within the Des Moines metro. A copy of the letter has been included for your review.
The Planning & Zoning Commission previously recommended approval of this request at their meeting on February 22,
2022, and the City Council approved the third and final consideration of the request at their meeting on April 4, 2022.
Upon approval by the City Council, staff was made aware of an error in the legal description used in the publication of
the notice for the rezoning and the approved ordinance. Under the advice of the City Attorney, the request is required
to be considered again by both the Planning & Zoning Commission and the City Council to correct the legal description
error and repeal the previously approved ordinance. The request is the same request that was considered in February
and nothing related to the application has changed.
PROJECT DESCRIPTION
The concept plan provided shows eleven (11) lots to be platted for future industrial development. The lots range in size
from 3.95-acres to 13.49-acres in area. All lots would meet the requirements of the M-1 zoning district. Site plans for
any proposed development on the property will be required in the future. Included within future site plan review
additional information related to architecture and site lighting will be required. Bulk regulations of the M-1 district are
provided in Table 1 below.
April 22, 2022
3 of 3
Table 1: Standard M-1 requirements.
Category M-1 (minimum)
Lot Area No Minimum
Lot Width No Minimum
Front Yard Setback 30 feet
Rear Yard Setback 30 feet
Side Yard Setback No Minimum (40 feet if adjacent to any R or C-1 district)
Maximum Height 40 feet
Access to the property is shown to be provided via an extension of Prairie Bluff Drive that would be installed along the
north side of the property to the east and into the subject property. Prairie Bluff Drive is shown to continue to the west
and connect to U Place along the west plat boundary. The applicant would also install a connection to Wildwood Court
to the north. Improvements would also be required to completed on U Place. Sanitary sewer and water main are within
the vicinity to serve the proposed development.
Landscape buffers are shown along the north and east boundaries of the property. The buffers are 40-feet in width
because of the adjoining zoning classifications to the proposed zoning. In addition, to the buffer, a berm will be required
along the north property boundary. The applicant has provided a cutaway sketch of what the berm would look like from
a height perspective. The berm is shown to be 6-feet in height at the finish grade elevation of the single-family lots to the
north, at the finish grade of the proposed industrial lots, the berm is 12-feet in height. This additional height would add
greater screening and buffering between the residential and proposed industrial zoning.
COMPREHENSIVE PLAN
The subject property is primarily classified as Light Industrial Office in the Imagine Waukee 2040 Comprehensive Plan.
Light Industry Office is defined as showroom, flex space, and manufacturing space. The Comprehensive Plan also states
that proximity to regional road corridors is a critical factor in locating in these areas. A small amount of the property is
identified as Medium Density Residential which is classified as townhome and row home products that are 4 to 12 units
per acre in density.
The proposed zoning is largely consistent with the comprehensive plan land use classification. Staff believes that
appropriate measures can be put in place with screening and berming to mitigate any incompatibilities between the
existing single-family neighborhood to the north and the proposed industrial development.
STAFF RECOMMENDATION
The proposed zoning district is generally consistent with the land uses identified in the Comprehensive Plan. Based on
the conformance with the Comprehensive Plan staff recommends approval of the rezoning for Legacy Park West.
PROPOSED ZONING: M-1
91.57 AC
ZONING: A-1
AGRICULTURAL
DISTRICT
ZONING: R-2
ONE AND TWO FAMILY
RESIDENTIAL DISTRICT
ZONING: C-1A
NEIGHBORHOOD
COMMERCIAL
DISTRICT
ZONING: M-1
LIGHT INDUSTRIAL
DISTRICT
ZONING: M-1
LIGHT INDUSTRIAL
DISTRICT
ZONING: C-1
COMMUNITY
AND HIGHWAY
SERVICE
COMMERCIAL
DISTRICT
ZONING: A-1
AGRICULTURAL
DISTRICT
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VICINITY MAP
WAUKEE, IOWA
OWNER / APPLICANT ZONING
ENGINEER BULK REGULATIONS
REZONING DESCRIPTION
ADJACENT OWNERSHIP
OWNER ACRES PERCENT CONSENT
1. PROUTY, DENNIS & PAMELA*10.15
2. LOYAL FAMILY FARM, LLC*0.94
3. MORRELL, JEFFREY & JUDY*0.47
4. ZIEGLER WAUKEE LLC 12.43 29.54%
5. JM SIOUX CITY HOLDINGS, LLC 2.80 6.65%
6. 117 LAND COMPANY, LLC 4.07 9.68%
7. RAN PROPERTIES, LLC 5.58 13.25%
8. PAINTED WOODS WEST OWNER'S 0.29 0.69%
9. ROBERTS, KELLY 0.66 1.56%
10. IMSIROVIC, NERMIN & AUTUMN 0.42 1.01%
11. IMSIROVIC, EDIN & BELMINA 0.41 0.99%
12. HORTON, ANDREW & STACEY 0.43 1.02%
13. PAINTED WOODS DEVELOPMENT LC 2.09 4.96%
14. KERR, LAUREN & STEPHEN 0.58 1.37%
15. PEAK BUILDERS LLC 0.10 0.24%
16. JACKSON, GREGORY & KARA 0.14 0.34%
17. RIBIC, JASMIN 0.01 0.02%
18. HUMESTON, THOMAS & MELISSA 0.48 1.15%
19. PORTER, KYLE & ZINK 0.54 1.28%
20. LANE, WESLEY & ELLA 0.36 0.85%
21. LUTHER, DENNIS 0.29 0.69%
22. DURCI, DAVID & LUANN 0.26 0.63%
23. PLESKYS, ANTANAS 0.26 0.63%
24. COOPER, MASON & JENNIFER 0.26 0.61%
25. VRIEZE, GERRIT & MARLA 0.23 0.55%
26. JOUBERT, ROBERT & AMANDA 0.46 1.09%
27. BEKTIC, MIRNES & SABIRA 0.20 0.47%
28. SWON, JENNA & BRYAN 0.19 0.46%
29. ALIBASIC, BELMIN & SABOTIC 0.19 0.45%
30. CRAWFORD, SAM & KYLE 0.19 0.46%
31. STEELE, KRIS & JENNIFER 0.30 0.71%
32. CITY OF WAUKEE*2.07
33. CMBK LC 7.39 17.56%
34. ANDERSON FOUR, LLC 0.40 0.96%
35. AL-HAMEED, WALIYULLAH & SCHELLE 0.03 0.07%
36. D.R. HORTON-IOWA, LLC 0.03 0.06%
TOTAL 42.08 100.00%61.78%
PRAIRIE
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40' LANDSCAPE BUFFER (50' TYP.)
(NORTH AND EAST PROPERTY LINES)
Descriptfon of Anderson Propertfes and Legacy Park West.
Dear neighbor,
Please allow us to introduce ourselves. Anderson Propertfes has been developing industrial flex space, retail and office spa ce since
1984. Our original development is located between Douglas and Hickman on 100 th Street in Urbandale. Other developments are
located on the East side of NW Urbandale Drive between Aurora Ave. and Meredith Drive, and the SW corner of Highway 141 and
SE 19th Street in Grimes.
As you are probably aware, Anderson Propertfes is requestfng a zoning change from C1 to M1 on the 95 acres of development lan d
we own located along 1-80 in Waukee. We have been asked by one of your neighbors to describe the types of light industrial busi-
nesses that could exist in an M1 zoned development.
70% of our portiolio consists of industrial flex space (Flex) in which the buildings are occupied by multfple tenants and are built of
precast concrete panels with architectural appointments. These are the types of buildings we plan on building within the Leg acy
Park West development. We build, own and manage our propertfes with our own staff and take extra care in leasing space to vi a-
ble tenants who do not emit odors or loud noises in their daily operatfons. Being multf -tenant facilitfes, noise and odor producing
tenants are not welcome uses in our facilitfes as they cause unwanted distractfons for other tenants within a multf -tenant facility.
Types of businesses that we currently lease to in our flex facilitfes include:
Trade Showrooms
Cabinetry / Countertop
Flooring
Window / Doors / Siding
Technology
Productfon Studios (commercial photography)
Home automatfon / security
Industrial automatfon R&D
Custom Audio Suppliers (Pioneer)
Services
Printfng Companies
Sign Companies
Fulfillment Companies
Cleaning Companies
Engineering Companies.
Elevator Maintenance Companies. Otfs Elevator / Schindler Elevator
Distribution
HVAC parts counters
Automotfve parts
Electrical parts
Medical
Hospital equipment (Hill Rom / Stryker)
Medical supplies / parts (Smith and Nephew)
Pharmacies (distributfon to care facilitfes) Mercy, Bio Rx
Building Trades
Painters (off site)
Carpenters (off site)
Electricians (off site)
In full disclosure, we do not intend on developing all 95 acres into multf -tenant flex propertfes. Throughout our past developments
we have sold off parcels of land for owner / users to build their own buildings however, the architectural design and zoning uses
(companies) are similar to what we have previously stated above.
Pictures of flex space propertfes owned by Anderson Propertfes:
Please find the flyer for our latest development in Grimes known as Legacy Park. This will give everyone an idea on how we b uild
now in a larger scale.
We appreciate your tfme and consideratfon to our development plans.
Regards,
W. Mark Anderson
Anderson Propertfes
Anderson Properties
3041 Justin Dr.
Urbandale, IA 50322
PRIDE IN OWNERSHIP PROVIDES
VALUE FOR OUR CLIENTS
EVERYDAY
LEGACY 2 at LEGACY PARK
NEW 135,000’ flex building, Grimes, Iowa
www.theandersoncompanies.com
• Easy Des Moines Metro Access
• 1.3 miles North of I-80, I-35, HWY 141
interchange.
• Spaces from 7,500’ sq. ft.
• Each 7,500’ bay has 200amp 3 phase
electric and underground plumbing.
• Tenant Improvement Allowance for Build
to Suit.
• 18’ clear height.
• ESFR Sprinkler.
• Truck Dock and Drive in Doors Avail.
• Quality Property Management by
Anderson Properties.
PROPERTY FEATURES
With over 30 years of commercial real
estate experience, Anderson Properties
leads the way for new, innovative flex
space properties. Let our staff work to
provide quality real estate solutions for
your company.
Contact Jeff Saddoris for more information
515-270-6104
LEGACY
PARK
STATE HWY
141
I 35 / I 80 / 141
Interchange
1500 SE 19th Street Grimes, IA
LEGACY 2 at LEGACY PARK
135,000’ flex building Grimes, IA
FLOOR PLATE
Contact:
Jeff Saddoris
515-270-6104
www.theandersoncompanies.com
SITE
I-80 / I-35 DAIMLER
TRUCKS
NORTH
AMERICA
(2017)
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LEASED
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Lot 3
Future
Development
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LEASED LEASED
FOR SALE
or BTS
LOT 1
LEGACY
PARK
15.33 AC
M1-A
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