HomeMy WebLinkAbout2022-09-19 G04 Fox Creek Meadows Rezoning_PHAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: September 19, 2022
AGENDA ITEM:Public hearing on an ordinance to amend Chapter 169, Zoning
Ordinance, City of Waukee, Iowa, by rezoning certain property from R-3
(Multi-Family Residential District) to R-2 (One and Two-Family
Residential District) [Fox Creek Meadows]
FORMAT:Public Hearing
SYNOPSIS INCLUDING PRO & CON: Staff has received a request for rezoning of
approximately 2.39-acres of property from R-3 to R-2. The property is
located west of NW 10th Street and north of NW Douglas Parkway. The
applicant is requesting to rezone two parcels that are 0.87-acres and 1.52-
acres in area from R-3 Multi-Family Residential to R-2 One and Two-
Family Residential. The parcels are separated by an access road.
The applicant received greater than 50% consent from property owners
within 250-feet of each area proposed to be rezoned. A rezoning sign
was placed on the property and notices were mailed to adjoining property
owners. Staff has not received any correspondence regarding the request.
The concept plan provided shows 16 duplex lots that were originally
designated for multi-family development. The original concept plan for
the entire Fox Creek Meadows rezoning, otherwise, remains the same.
The subject property is classified as Single Family Residential in the
Comprehensive Plan. Single Family Residential 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
acres. The proposed density of the duplex lots within the newly proposed
R-2 zoning district is approximately 6.7 units per acre. Collectively, the
density of the entire Fox Creek Meadows is within range.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:The Planning and Zoning
Commission reviewed the rezoning request on September 13, 2022,
and recommended approval:
Approval of a Rezoning related to a change from R-3 ( Multi-Family Residential
District) to R-2 (One and Two-Family Residential District) [Fox Creek Meadows]
City Planner, Bill Mettee, introduced the request for approval of a rezoning
related to a two-family (duplex) residential development. The property is generally
G4
located west of NW 10th Street and north of NW Douglas Pkwy, containing
approximately 2.39 acres. Notice of the rezoning was mailed to adjacent property owners
on September 2nd, 2022, and signs for the rezoning were placed on the property. To date,
staff has not received any correspondence for or against the rezoning. The applicant has
obtained consent to the rezoning from greater than 50% of surrounding property owners.
Mr. Mettee advised that two new public streets would be provided with the
development as well as a 10 foot wide trail along NW Sproul Lane and a landscape buffer
will be provided along the rear yards of the townhome development and remaining R-3
area to the southwest. 16 lots are included in the rezoning.
Staff recommends approval of the rezoning for Fox Creek Meadows.
Commissioner Streit moved to approve a rezoning related to a change from R-3
(Multi-Family Residential District) to R-2 (One and Two-Family Residential District)
[Fox Creek Meadows]. The motion was seconded by commissioner Hoifeldt. Ayes:
Koelker, Hoifeldt, Streit, Broderick, 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: September 8, 2022
PLANNING AND ZONING COMMISSION STAFF REPORT
PROJECT: Fox Creek Meadows – Rezoning PREPARED BY: Bill Mettee – Planner
REPORT DATE: September 9, 2022
MEETING DATE: September 13, 2022
GENERAL INFORMATION
Owner/Applicant: Fox Creek Meadows, LLC
Owner’s Representative:
Jared Murray, PE – Civil Design Advantage
Request: The applicant is requesting approval of a rezoning for
a two-family (duplex) residential development.
Location and Size: Property is generally located west of NW 10th Street
and north of NW Douglas Pkwy, containing
approximately 2.39-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.
September 9, 2022
2 of 3
LAND USES AND ZONING
Location Existing Land Use Comprehensive Plan Current Zoning
Property in
Question
Vacant Property Single Family
Residential
R-3 (Multi-Family Residential District)
North Vacant Property Single Family
Residential / Open
Space
R-2 (One and Two-Family Residential
District)
South Vacant Property Single Family
Residential
R-3 (Multi-Family Residential District)
East Vacant Property Single Family
Residential / Open
Space
R-2 (One and Two-Family Residential
District)
West Vacant Property Single Family
Residential
R-3 (Multi-Family Residential District)
BACKGROUND AND PROJECT DESCRIPTION
The subject property is located west of NW 10th Street and north of NW Douglas Parkway. The property was recently
rezoned from A-1 Agricultural District to R-2 One and Two-Family Residential District and R-3 Multi-Family Residential
District. The applicant, after the completion of that rezoning, is requesting to rezone a portion of that R -3 District to R-
2 to allow for additional townhome development, and ultimately reducing the density in the area.
The subject properties are 0.87-acres and 1.52-acres in area, separated by an access road that will provide access into
the multi-family development. The properties are entirely enclosed within the area that was subject to the previous
rezoning. A Landscape Buffer will be provided along the rear yards between the townhomes and the remaining R-3 area
to the southwest.
The concept plan shows a total of 16 lots subject to the rezoning, which would allow for the construction of up to eight
(8) townhomes.
The applicant has submitted consent from greater than 50% of property owners within 250-feet of the property to be
rezoned. Notification to adjacent property owners was mailed on September 2, 2022. The rezoning sign was placed on
the property by the September 5, 2022 deadline. Staff has not received any correspondence regarding this request.
Table 1 below summarizes the standards for the R-2 district.
Table 1: Standard R-2 requirements.
Category Standard R-2 (minimum)
Lot Area 8,000 square feet
Lot Width 65 feet
Front Yard Setback 30 feet
Rear Yard Setback 30 feet
Side Yard Setback 15 feet (total)
September 9, 2022
3 of 3
Per the previous rezoning, two new public streets would be provided as part of this development. A 10-ft wide trail will
be provided along NW Sproul Lane. Public sanitary sewer and water main will serve the proposed development.
Stormwater detention is shown to be provided within Outlots Y and X.
COMPREHENSIVE PLAN
The Imagine Waukee 2040: Comprehensive Plan identifies the subject property as Single Family Residential. Single Family
Residential 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. The proposed density of the duplex lots within the
proposed R-2 zoning district are approximately 6.7 units per acre.
STAFF RECOMMENDATION
Staff recommends approval of the rezoning for Fox Creek Meadows.
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ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 169, ZONING ORDINANCE, CITY OF
WAUKEE, IOWA BY AMENDING THE ZONING FROM R-3 (MULTI-FAMILY
RESIDENTIAL DISTRICT) TO R-2 (ONE AND TWO FAMILY RESIDENTIAL
DISTRICT) FOR CERTAIN PROPERTY [FOX CREEK MEADOWS]
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 zoning from R-3 (Multi-Family Residential District) to R-2 (One & Two Family
Residential District) for property legally described as follows:
A PART OF PARCEL 21-23 AS SHOWN ON THE PLAT OF SURVEY RECORDED IN
BOOK 2021, PAGE 8681, BEING A PART OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 79 NORTH, RANGE 26 WEST
OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY OF WAUKEE, DALLAS
COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 21-23; THENCE
SOUTH 00°11'19” EAST ALONG THE WESTERLY LINE OF SAID PARCEL 21-23, A
DISTANCE OF 436.48 FEET TO THE POINT OF BEGINNING; THENCE NORTH
89°59'28" EAST, 199.21 FEET; THENCE SOUTHEASTERLY ALONG A CURVE
CONCAVE NORTHEASTERLY WHOSE RADIUS IS 333.00 FEET, WHOSE ARC
LENGTH IS 118.37 FEET AND WHOSE CHORD BEARS SOUTH 37°14'42" EAST,
117.75 FEET; THENCE SOUTH 47°25'41" EAST, 47.38 FEET; THENCE SOUTH
42°34'19" WEST, 160.00 FEET; THENCE NORTH 47°25'41" WEST, 40.01 FEET;
THENCE NORTH 45°26'24" WEST, 47.79 FEET; THENCE NORTH 39°50'51" WEST,
49.55 FEET; THENCE NORTH 34°05'12" WEST, 49.55 FEET; THENCE NORTH
28°19'34" WEST, 49.55 FEET; THENCE NORTH 22°33'55" WEST, 49.55 FEET;
THENCE SOUTH 70°18'55" WEST, 33.43 FEET TO SAID WESTERLY LINE; THENCE
NORTH 00°11'19" WEST ALONG SAID WESTERLY LINE, 25.80 FEET TO THE POINT
OF BEGINNING AND CONTAINING 0.87 ACRES (37,931 SQUARE FEET).
AND
A PART OF PARCEL 21-23 AS SHOWN ON THE PLAT OF SURVEY RECORDED IN
BOOK 2021, PAGE 8681, BEING A PART OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 79 NORTH, RANGE 26 WEST
OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY OF WAUKEE, DALLAS
COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 21-23; THENCE
NORTH 00°05'51” WEST ALONG THE EASTERLY LINE OF SAID PARCEL 21-23, A
DISTANCE OF 336.41 FEET; THENCE SOUTH 89°54'09” WEST, 32.94 FEET TO THE
POINT OF BEGINNING; THENCE SOUTH 64°14'47" WEST, 160.00 FEET; THENCE
NORTH 31°03'46" WEST, 32.01 FEET; THENCE NORTH 41°38'08" WEST, 31.74 FEET;
THENCE NORTH 47°25'03" WEST, 39.58 FEET; THENCE NORTH 47°25'41" WEST,
280.00 FEET; THENCE NORTH 42°34'19" EAST, 160.00 FEET; THENCE SOUTH
47°25'41" EAST, 317.99 FEET; THENCE SOUTHEASTERLY ALONG A CURVE
CONCAVE SOUTHWESTERLY WHOSE RADIUS IS 333.00 FEET, WHOSE ARC
LENGTH IS 125.97 FEET AND WHOSE CHORD BEARS SOUTH 36°35'27" EAST,
125.22 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.52 ACRES (66,223
SQUARE FEET).
THE PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.
Section 3. Repealer. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 4. 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 5. Effective Date. This ordinance shall be in effect upon its final
passage, approval and publication as provided by law.
Passed by the Council this 19th day of September, 2022 and approved this 19th day of
September, 2022.
Courtney Clarke, Mayor
Attest:
Rebecca D. Schuett, City Clerk