HomeMy WebLinkAbout2026-03-02 I05 Rezoning, Alderbrook_2ND READ AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: March 2, 2026
AGENDA ITEM: Consideration of approval of an ordinance to amend Chapter 169, Zoning
Ordinance, City of Waukee, Iowa, by rezoning certain property from A-1
to R-2, R-2/PD-1, R-3, R-4 and C-1A, a parcel to be known as
Alderbrook [second reading]
FORMAT: Ordinance
SYNOPSIS INCLUDING PRO & CON: The City Council held a public hearing and approved
the first consideration of the proposed rezoning for Alderbrook at their meeting on February 17,
2026.
Since the public hearing and first consideration of the rezoning, City Staff has received a formal
objection letter from an adjoining property owner on February 26, 2026. The letter has been
included as an attachment to this packet for your review. Staff have provided the objection letter
to the City Attorney and the applicant, Landmark Companies, Inc., for their review. The applicant
has requested that the second consideration on the rezoning be tabled to March 16, 2026, to allow
for review of the letter.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Staff recommends that the City Council table the second consideration
of the ordinance to the March 16, 2026, City Council meeting.
ATTACHMENTS: I. Proposed Ordinance
II. Formal Objection Letter
PREPARED BY: Andy Kass, Community Development Director
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
I5
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-2 [ONE AND TWO FAMILY
RESIDENTIAL DISTRICT], R-2 / PD-1 [ONE AND TWO FAMILY
RESIDENTIAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY],
R-3 [MULTI-FAMILY RESIDENTIAL DISTRICT], R-4 [ROW DWELLING AND
TOWNHOME DWELLING DISTRICT] AND C-1A [NEIGHBORHOOD
COMMERCIAL DISTRICT] (ALDERBROOK)
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-2
(One & Two Family Residential District) for property legally described as follows:
A PART OF GOVERNMENT LOTS 13 THROUGH 15 AND 18 THROUGH 20, A
PART OF THE NORTH HALF OF THE SOUTHWEST QUARTER AND A PART OF
THE WEST HALF OF THE SOUTHEAST QUARTER, ALL BEING IN SECTION 1,
TOWNSHIP 78 NORTH, RANGE 27 WEST OF THE FIFTH PRINCIPAL MERIDIAN
IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 1; THENCE
NORTH 00°15'56" EAST ALONG THE WEST LINE OF SAID SECTION 1, A
DISTANCE OF 1322.33 FEET TO THE NORTHWEST CORNER OF SAID
GOVERNMENT LOT 20; THENCE NORTH 00°14'18" EAST ALONG SAID WEST
LINE, 572.68 FEET TO THE SOUTHWEST CORNER OF THE TRACT OF LAND AS
SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 8, PAGE 417 IN SAID
DALLAS COUNTY; THENCE NORTH 88°38'37" EAST ALONG THE SOUTHERLY
LINE OF SAID TRACT, 116.97 FEET; THENCE NORTH 68°48'46" EAST ALONG
SAID SOUTHERLY LINE, 149.77 FEET; THENCE SOUTH 88°05'35" EAST ALONG
SAID SOUTHERLY LINE, 1062.48 FEET; THENCE SOUTH 01°21'04" WEST
ALONG SAID SOUTHERLY LINE, 109.78 FEET; THENCE SOUTH 88°20'46" EAST
ALONG SAID SOUTHERLY LINE, 600.54 FEET; THENCE SOUTH 03°28'56" WEST
ALONG SAID SOUTHERLY LINE, 255.96 FEET; THENCE SOUTH 88°47'22" EAST
ALONG SAID SOUTHERLY LINE, 715.48 FEET TO THE SOUTHEAST CORNER
OF SAID TRACT; THENCE NORTH 00°34'02" EAST ALONG THE EAST LINE OF
SAID TRACT, 119.51 FEET TO THE SOUTHWEST CORNER OF THE 23.50 ACRE
PARCEL AS SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 2022,
PAGE 21107 IN SAID DALLAS COUNTY; THENCE SOUTH 85°30'39" EAST
ALONG THE SOUTHERLY LINE OF SAID PARCEL, 420.78 FEET; THENCE
SOUTH 03°40'12" EAST ALONG SAID SOUTHERLY LINE, 415.62 FEET; THENCE
SOUTH 17°47'58" EAST ALONG SAID SOUTHERLY LINE, 269.95 FEET; THENCE
SOUTH 28°06'34" EAST ALONG SAID SOUTHERLY LINE, 122.72 FEET; THENCE
SOUTH 73°47'07" EAST ALONG SAID SOUTHERLY LINE, 744.50 FEET TO THE
SOUTHEAST CORNER OF SAID PARCEL; THENCE SOUTH 00°19'37" WEST
ALONG THE EAST LINE OF SAID GOVERNMENT LOT 18, A DISTANCE OF
670.85 FEET TO THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 18;
THENCE SOUTH 00°18'23" WEST ALONG THE EAST LINE OF SAID WEST HALF
OF THE SOUTHEAST QUARTER, 2626.66 FEET TO THE SOUTHEAST CORNER
OF SAID WEST HALF OF THE SOUTHEAST QUARTER; THENCE NORTH
89°12'25" WEST ALONG THE SOUTH LINE OF SAID WEST HALF OF THE
SOUTHEAST QUARTER, 330.74 FEET; THENCE NORTH 00°47'35" EAST, 60.00
FEET; THENCE NORTH 00°26'14" EAST, 95.23 FEET; THENCE NORTH 00°18'23"
EAST, 884.04 FEET; THENCE SOUTH 88°37'03" EAST, 53.76 FEET; THENCE
SOUTH 89°29'10" EAST, 81.25 FEET; THENCE SOUTH 89°41'37" EAST, 30.00
FEET; THENCE NORTH 00°18'23" EAST, 500.00 FEET; THENCE NORTH 89°41'37"
WEST, 62.00 FEET; THENCE WESTERLY ALONG A CURVE CONCAVE
NORTHERLY WHOSE RADIUS IS 3625.00 FEET, WHOSE ARC LENGTH IS
2167.91 FEET AND WHOSE CHORD BEARS NORTH 72°33'39" WEST, 2135.75
FEET; THENCE WESTERLY ALONG A CURVE CONCAVE SOUTHERLY WHOSE
RADIUS IS 1475.00 FEET, WHOSE ARC LENGTH IS 883.17 FEET AND WHOSE
CHORD BEARS NORTH 72°34'53" WEST, 870.04 FEET; THENCE NORTH
89°44'04" WEST, 823.21 FEET TO SAID WEST LINE OF SECTION 1; THENCE
NORTH 00°08'35" EAST ALONG SAID WEST LINE, 233.67 FEET TO THE POINT
OF BEGINNING AND CONTAINING 209.15 ACRES (9,110,704 SQUARE FEET).
Section 2. 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-2
(One & Two Family Residential District) / PD-1 (Planned Development Overlay) for
property legally described as follows:
A PART OF THE SOUTHWEST QUARTER AND A PART OF THE WEST HALF OF
THE SOUTHEAST QUARTER, BOTH BEING IN SECTION 1, TOWNSHIP 78
NORTH, RANGE 27 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY
OF WAUKEE, DALLAS COUNTY, IOWA AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER
OF SAID SOUTHWEST QUARTER; THENCE NORTH 89°12'40" WEST ALONG
THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER, 1307.09 FEET TO THE SOUTHWEST CORNER OF SAID NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 00°14'03" WEST
ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID
SOUTHWEST QUARTER, 191.60 FEET; THENCE NORTH 89°45'57" WEST, 242.51
FEET; THENCE NORTH 58°58'57" WEST, 344.40 FEET; THENCE NORTH
67°29'27" WEST, 30.00 FEET; THENCE NORTHEASTERLY ALONG A CURVE
CONCAVE SOUTHEASTERLY WHOSE RADIUS IS 800.00 FEET, WHOSE ARC
LENGTH IS 208.13 FEET AND WHOSE CHORD BEARS NORTH 29°57'44" EAST,
207.54 FEET; THENCE NORTHEASTERLY ALONG A CURVE CONCAVE
NORTHWESTERLY WHOSE RADIUS IS 1000.00 FEET, WHOSE ARC LENGTH IS
435.96 FEET AND WHOSE CHORD BEARS NORTH 24°55'33" EAST, 432.51 FEET;
THENCE NORTH 77°33'49" WEST, 30.00 FEET; THENCE NORTH 81°54'54" WEST,
82.41 FEET; THENCE NORTH 86°06'38" WEST, 60.35 FEET; THENCE NORTH
89°15'52" WEST, 61.97 FEET; THENCE NORTH 89°44'04" WEST, 731.65 FEET;
THENCE NORTH 89°51'25" WEST, 60.00 FEET TO THE WEST LINE OF SAID
SECTION 1; THENCE NORTH 00°08'35" EAST ALONG SAID WEST LINE, 500.13
FEET; THENCE SOUTH 89°44'04" EAST, 823.21 FEET; THENCE EASTERLY
ALONG A CURVE CONCAVE SOUTHERLY WHOSE RADIUS IS 1475.00 FEET,
WHOSE ARC LENGTH IS 883.17 FEET AND WHOSE CHORD BEARS SOUTH
72°34'53" EAST, 870.04 FEET; THENCE EASTERLY ALONG A CURVE CONCAVE
NORTHERLY WHOSE RADIUS IS 3625.00 FEET, WHOSE ARC LENGTH IS
2167.91 FEET AND WHOSE CHORD BEARS SOUTH 72°33'39" EAST, 2135.75
FEET; THENCE SOUTH 89°41'37" EAST, 62.00 FEET; THENCE SOUTH 00°18'23"
WEST, 500.00 FEET; THENCE NORTH 89°41'37" WEST, 30.00 FEET; THENCE
NORTH 89°29'10" WEST, 81.25 FEET; THENCE NORTH 88°37'03" WEST, 53.76
FEET; THENCE NORTH 88°37'03" WEST, 2.68 FEET; THENCE NORTH 87°47'52"
WEST, 61.57 FEET; THENCE NORTH 86°56'34" WEST, 61.57 FEET; THENCE
NORTH 86°07'23" WEST, 56.44 FEET; THENCE NORTH 85°20'21" WEST, 56.44
FEET; THENCE NORTH 84°31'11" WEST, 61.57 FEET; THENCE NORTH 83°39'52"
WEST, 61.57 FEET; THENCE NORTH 82°50'42" WEST, 56.44 FEET; THENCE
NORTH 81°54'19" WEST, 78.87 FEET; THENCE NORTH 80°56'18" WEST, 60.36
FEET; THENCE NORTH 79°52'32" WEST, 92.67 FEET; THENCE NORTH 78°50'24"
WEST, 56.44 FEET; THENCE NORTH 78°03'22" WEST, 56.44 FEET; THENCE
NORTH 77°16'20" WEST, 56.44 FEET; THENCE NORTH 76°29'18" WEST, 56.44
FEET; THENCE NORTH 75°42'16" WEST, 56.44 FEET; THENCE NORTH 74°55'14"
WEST, 56.44 FEET TO THE WEST LINE OF SAID WEST HALF OF THE
SOUTHEAST QUARTER; THENCE NORTH 00°17'26" EAST ALONG SAID WEST
LINE, 139.93 FEET TO THE POINT OF BEGINNING AND CONTAINING 55.44
ACRES (2,414,885 SQUARE FEET).
Section 3. 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-3
(Multi-Family Residential District) for property legally described as follows:
A PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 1,
TOWNSHIP 78 NORTH, RANGE 27 WEST OF THE FIFTH PRINCIPAL MERIDIAN
IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER
OF SAID SOUTHWEST QUARTER; THENCE NORTH 00°08'35" EAST ALONG
THE WEST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER, 2.24 FEET; THENCE SOUTH 89°51'25" EAST, 60.00 FEET; THENCE
SOUTH 89°11'54" EAST, 652.57 FEET; THENCE SOUTH 67°29'27" EAST, 30.00
FEET; THENCE SOUTHERLY ALONG A CURVE CONCAVE EASTERLY WHOSE
RADIUS IS 800.00 FEET, WHOSE ARC LENGTH IS 303.09 FEET AND WHOSE
CHORD BEARS SOUTH 11°39'19" WEST, 301.28 FEET; THENCE SOUTH 00°48'06"
WEST, 335.06 FEET; THENCE NORTH 89°11'54" WEST, 616.33 FEET; THENCE
NORTH 89°51'25" WEST, 60.00 FEET TO THE WEST LINE OF THE SOUTHWEST
QUARTER OF SAID SOUTHWEST QUARTER; THENCE NORTH 00°08'35" EAST
ALONG SAID WEST LINE, 639.86 FEET TO THE POINT OF BEGINNING AND
CONTAINING 10.16 ACRES (442,595 SQUARE FEET).
Section 4. 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-4
(Row Dwelling and Townhome Dwelling District) for property legally described as
follows:
A PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 1,
TOWNSHIP 78 NORTH, RANGE 27 WEST OF THE FIFTH PRINCIPAL MERIDIAN
IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST
QUARTER OF SAID SOUTHWEST QUARTER; THENCE NORTH 00°08'35" EAST
ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER, 2.24 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING NORTH 00°08'35" EAST ALONG SAID WEST LINE, 577.75 FEET;
THENCE SOUTH 89°51'25" EAST, 60.00 FEET; THENCE SOUTH 89°44'04" EAST,
731.65 FEET; THENCE SOUTH 89°15'52" EAST, 61.97 FEET; THENCE SOUTH
86°06'38" EAST, 60.35 FEET; THENCE SOUTH 81°54'54" EAST, 82.41 FEET;
THENCE SOUTH 77°33'49" EAST, 30.00 FEET; THENCE SOUTHWESTERLY
ALONG A CURVE CONCAVE NORTHWESTERLY WHOSE RADIUS IS 1000.00
FEET, WHOSE ARC LENGTH IS 435.96 FEET AND WHOSE CHORD BEARS
SOUTH 24°55'33" WEST, 432.51 FEET; THENCE SOUTHWESTERLY ALONG A
CURVE CONCAVE SOUTHEASTERLY WHOSE RADIUS IS 800.00 FEET, WHOSE
ARC LENGTH IS 208.13 FEET AND WHOSE CHORD BEARS SOUTH 29°57'44"
WEST, 207.54 FEET; THENCE NORTH 67°29'27" WEST, 30.00 FEET; THENCE
NORTH 89°11'54" WEST, 652.57 FEET; THENCE NORTH 89°51'25" WEST, 60.00
FEET TO THE POINT OF BEGINNING AND CONTAINING 12.08 ACRES (526,109
SQUARE FEET).
AND
A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 1, TOWNSHIP 78 NORTH, RANGE 27 WEST OF THE FIFTH PRINCIPAL
MERIDIAN IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1; THENCE
NORTH 00°17'26" EAST ALONG THE WEST LINE OF SAID SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER, 1173.32 FEET; THENCE SOUTH
74°55'14" EAST, 56.44 FEET; THENCE SOUTH 75°42'16" EAST, 56.44 FEET;
THENCE SOUTH 76°29'18" EAST, 56.44 FEET; THENCE SOUTH 77°16'20" EAST,
56.44 FEET; THENCE SOUTH 78°03'22" EAST, 56.44 FEET; THENCE SOUTH
78°50'24" EAST, 56.44 FEET; THENCE SOUTH 79°52'32" EAST, 92.67 FEET;
THENCE SOUTH 80°56'18" EAST, 60.36 FEET; THENCE SOUTH 81°54'19" EAST,
78.87 FEET; THENCE SOUTH 82°50'42" EAST, 56.44 FEET; THENCE SOUTH
83°39'52" EAST, 61.57 FEET; THENCE SOUTH 84°31'11" EAST, 61.57 FEET;
THENCE SOUTH 85°20'21" EAST, 56.44 FEET; THENCE SOUTH 86°07'23" EAST,
56.44 FEET; THENCE SOUTH 86°56'34" EAST, 61.57 FEET; THENCE SOUTH
87°47'52" EAST, 61.57 FEET; THENCE SOUTH 88°37'03" EAST, 2.68 FEET;
THENCE SOUTH 00°18'23" WEST, 884.04 FEET; THENCE SOUTH 00°26'14"
WEST, 95.23 FEET; THENCE SOUTH 00°47'35" WEST, 60.00 FEET TO THE
SOUTH LINE OF SAID SECTION 1; THENCE NORTH 89°12'25" WEST ALONG
SAID SOUTH LINE, 975.07 FEET TO THE POINT OF BEGINNING AND
CONTAINING 24.34 ACRES (1,060,213 SQUARE FEET).
AND
A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 1, TOWNSHIP 78 NORTH, RANGE 27 WEST OF THE FIFTH PRINCIPAL
MERIDIAN IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE TRACT OF LAND
DESCRIBED IN THE WARRENTY DEED RECORDED IN BOOK 590, PAGE 581 IN
SAID DALLAS COUNTY; THENCE NORTH 89°11'54" WEST, 239.00 FEET;
THENCE NORTH 00°48'06" EAST, 335.06 FEET; THENCE NORTHERLY ALONG
A CURVE CONCAVE EASTERLY WHOSE RADIUS IS 800.00 FEET, WHOSE ARC
LENGTH IS 303.09 FEET AND WHOSE CHORD BEARS NORTH 11°39'19" EAST,
301.28 FEET; THENCE SOUTH 67°29'27" EAST, 30.00 FEET; THENCE SOUTH
58°58'57" EAST, 344.40 FEET; THENCE SOUTH 89°45'57" EAST, 242.51 FEET TO
THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER; THENCE SOUTH 00°14'03" WEST ALONG SAID EAST LINE, 449.33
FEET TO THE NORTH LINE OF SAID TRACT OF LAND; THENCE NORTH
89°08'38" WEST ALONG SAID NORTH LINE, 390.16 FEET TO THE POINT OF
BEGINNING AND CONTAINING 7.26 ACRES (316,041 SQUARE FEET).
Section 5. 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 C-1A
(Neighborhood Commercial District) for property legally described as follows:
A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 1, TOWNSHIP 78 NORTH, RANGE 27 WEST OF THE FIFTH PRINCIPAL
MERIDIAN IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 1; THENCE
NORTH 00°08'35" EAST ALONG THE WEST LINE OF SAID SECTION 1, A
DISTANCE OF 673.07 FEET; THENCE SOUTH 89°51'25" EAST, 60.00 FEET;
THENCE SOUTH 89°11'54" EAST, 855.33 FEET TO THE NORTHWEST CORNER
OF THE TRACT OF LAND DESCRIBED IN THE WARRENTY DEED RECORDED
IN BOOK 590, PAGE 581 IN SAID DALLAS COUNTY; THENCE SOUTH 00°48'06"
WEST ALONG THE WEST LINE OF SAID TRACT, 424.25 FEET TO THE
NORTHEAST CORNER OF THE PARCEL DESCRIBED IN THE AFFIDAVIT OF
TRANSFER RECORDED IN BOOK 2023, PAGE 11381 IN SAID DALLAS
COUNTY; THENCE NORTH 89°13'39" WEST ALONG THE NORTH LINE OF SAID
PARCEL, 209.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL;
THENCE SOUTH 00°48'06" WEST ALONG THE WEST LINE OF SAID PARCEL,
249.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE
NORTH 89°13'39" WEST ALONG THE SOUTH LINE OF SAID SECTION 1, 698.59
FEET TO THE POINT OF BEGINNING AND CONTAINING 12.90 ACRES (561,792
SQUARE FEET).
Section 6. Planned Development Agreement. Attached hereto as Exhibit A is
the Planned Development Agreement which shall define the minimum standards and
requirements of the PD-1 [Planned Development Overlay District] pertaining to the above
legally described property.
Section 7. Repealer. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 8. 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 9. Effective Date. This ordinance shall be in effect upon its final
passage, approval and publication as provided by law.
Passed by the Council the 17th day of February, 2026, and approved this 17th day of
February, 2026.
Courtney Clarke, Mayor
Attest:
Rebecca D. Schuett, City Clerk
Exhibit A
Alderbrook – Small Lot Single Family Residential
Development
PLANNED DEVELOPMENT
CITY OF WAUKEE
APPROVED BY WAUKEE CITY COUNCIL ON _____________________, 2026
TABLE OF CONTENTS
ALDERBROOK SMALL LOT SINGLE FAMILY RESIDENTIAL
PLANNED DEVELOPMENT
• Rezoning Request
• Exhibit B – Waukee PD Form
• Exhibit C – Property Legal Description
• Exhibit D – Rezoning Map
• Exhibit E – Conceptual Development Plan
Exhibit B | ALDERBROOK SMALL LOT SINGLE FAMILY RESIDENTIAL –
PLANNED DEVELOPMENT
Waukee, Iowa
Planned Development Overlay District (PD)
Item 1 Purpose and Scope of District
A. The subject property is located within a portion of the Alderbrook development
which is generally located north of Ashworth Road and east of T Avenue.
B. The proposed Planned Development is an approximately 55.44 acre parcel of
property that is located within the larger Alderbrook Development. The
proposed Planned Development calls for the development of 200 single family
residential lots.
C. The existing zoning of the Property is A-1 (Agricultural District)
D. The proposed underlying zoning of the Property will be R-2 (One and Two Family
Residential District) with the Planned Development Overlay (PD-1) defining the
allowable uses, bulk regulations and restrictions.
Item 2 Location, Size, Legal Description
• See Attached: Exhibit C – Legal Description
Exhibit D – Rezoning Map
Item 3 Conceptual Development Plan
• See Attached: Exhibit E – Conceptual Development Plan
• Exhibit E represents a conceptual development plan showing proposed
development of 200 small lot single family lots in addition to the larger
Alderbrook development.
Item 4 Building Design Standards, including height, materials, sections and other
information required to describe the project
Building design and site standards for the project shall be consistent with the
Waukee Code of Ordinances as well as the additional design characteristics as
follows:
1. Each single family home shall include a minimum of a two-car attached
garage.
2. Each single family home shall require a minimum of 25% brick and/or
stone on the front street facing elevation of the home.
3. Adjoining lots cannot consist of the same elevation.
4. Vinyl siding shall be permitted utilizing Royal Crest Double 4-inch (102
mm) Traditional Profile or reasonable equivalent.
Item 5 Bulk Regulations – Including Density Regulations, Setbacks, Maximum Heights,
and other design standards specific to the Project
Single Family Residential
All lots and homes shall be consistent with the R-2 One and Two Family
Residential District requirements with the following exceptions and
modifications as specified below:
1. Density. Five (5) Dwelling Units/Acre maximum
2. Minimum Floor Area. 1,100 square feet – single story & 1,400 square feet –
two story
3. Front Yard. Thirty (30) feet minimum
4. Side Yards. Total of ten (10) feet – minimum of five (5) feet on each side
5. Rear Yards. Thirty (30) feet minimum
6. Minimum Lot Size. 6,000 square feet
7. Minimum Lot Width. Fifty-five (55) feet
Item 6 Uses of Property – Including Principal Permitted Uses and Accessory
Uses
Those uses and accessory uses only as permitted within the R-2 (Single
Family Residential) Zoning District.
Item 7 Open Space, Landscape and Buffer Regulations
1. Minimum open space and landscaping shall be as described within the City of
Waukee Code of Ordinances in addition to provisions as specified below:
a. A minimum of two (2) trees and two (2) shrubs shall be planted on each
lot at the time of individual lot development and prior to issuance of a
Certificate of Occupancy.
END OF DOCUMENT
EXHIBIT C
LEGAL DESCRIPTION
A PART OF THE SOUTHWEST QUARTER AND A PART OF THE WEST HALF OF THE
SOUTHEAST QUARTER, BOTH BEING IN SECTION 1, TOWNSHIP 78 NORTH, RANGE
27 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY OF WAUKEE, DALLAS
COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID
SOUTHWEST QUARTER; THENCE NORTH 89°12'40" WEST ALONG THE SOUTH LINE
OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, 1307.09 FEET TO
THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER; THENCE SOUTH 00°14'03" WEST ALONG THE EAST LINE OF THE
SOUTHWEST QUARTER OF SAID SOUTHWEST QUARTER, 191.60 FEET; THENCE
NORTH 89°45'57" WEST, 242.51 FEET; THENCE NORTH 58°58'57" WEST, 344.40 FEET;
THENCE NORTH 67°29'27" WEST, 30.00 FEET; THENCE NORTHEASTERLY ALONG A
CURVE CONCAVE SOUTHEASTERLY WHOSE RADIUS IS 800.00 FEET, WHOSE ARC
LENGTH IS 208.13 FEET AND WHOSE CHORD BEARS NORTH 29°57'44" EAST, 207.54
FEET; THENCE NORTHEASTERLY ALONG A CURVE CONCAVE NORTHWESTERLY
WHOSE RADIUS IS 1000.00 FEET, WHOSE ARC LENGTH IS 435.96 FEET AND WHOSE
CHORD BEARS NORTH 24°55'33" EAST, 432.51 FEET; THENCE NORTH 77°33'49" WEST,
30.00 FEET; THENCE NORTH 81°54'54" WEST, 82.41 FEET; THENCE NORTH 86°06'38"
WEST, 60.35 FEET; THENCE NORTH 89°15'52" WEST, 61.97 FEET; THENCE NORTH
89°44'04" WEST, 731.65 FEET; THENCE NORTH 89°51'25" WEST, 60.00 FEET TO THE
WEST LINE OF SAID SECTION 1; THENCE NORTH 00°08'35" EAST ALONG SAID WEST
LINE, 500.13 FEET; THENCE SOUTH 89°44'04" EAST, 823.21 FEET; THENCE EASTERLY
ALONG A CURVE CONCAVE SOUTHERLY WHOSE RADIUS IS 1475.00 FEET, WHOSE
ARC LENGTH IS 883.17 FEET AND WHOSE CHORD BEARS SOUTH 72°34'53" EAST,
870.04 FEET; THENCE EASTERLY ALONG A CURVE CONCAVE NORTHERLY WHOSE
RADIUS IS 3625.00 FEET, WHOSE ARC LENGTH IS 2167.91 FEET AND WHOSE CHORD
BEARS SOUTH 72°33'39" EAST, 2135.75 FEET; THENCE SOUTH 89°41'37" EAST, 62.00
FEET; THENCE SOUTH 00°18'23" WEST, 500.00 FEET; THENCE NORTH 89°41'37" WEST,
30.00 FEET; THENCE NORTH 89°29'10" WEST, 81.25 FEET; THENCE NORTH 88°37'03"
WEST, 53.76 FEET; THENCE NORTH 88°37'03" WEST, 2.68 FEET; THENCE NORTH
87°47'52" WEST, 61.57 FEET; THENCE NORTH 86°56'34" WEST, 61.57 FEET; THENCE
NORTH 86°07'23" WEST, 56.44 FEET; THENCE NORTH 85°20'21" WEST, 56.44 FEET;
THENCE NORTH 84°31'11" WEST, 61.57 FEET; THENCE NORTH 83°39'52" WEST, 61.57
FEET; THENCE NORTH 82°50'42" WEST, 56.44 FEET; THENCE NORTH 81°54'19" WEST,
78.87 FEET; THENCE NORTH 80°56'18" WEST, 60.36 FEET; THENCE NORTH 79°52'32"
WEST, 92.67 FEET; THENCE NORTH 78°50'24" WEST, 56.44 FEET; THENCE NORTH
78°03'22" WEST, 56.44 FEET; THENCE NORTH 77°16'20" WEST, 56.44 FEET; THENCE
NORTH 76°29'18" WEST, 56.44 FEET; THENCE NORTH 75°42'16" WEST, 56.44 FEET;
THENCE NORTH 74°55'14" WEST, 56.44 FEET TO THE WEST LINE OF SAID WEST
HALF OF THE SOUTHEAST QUARTER; THENCE NORTH 00°17'26" EAST ALONG SAID
WEST LINE, 139.93 FEET TO THE POINT OF BEGINNING AND CONTAINING 55.44
ACRES (2,414,885 SQUARE FEET).
EXHIBIT D
REZONING MAP
EXHIBIT E
CONCEPTUAL DEVELOPMENT PLAN
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LISA R. WILSON 222 N.W. SUNRISE DRIVE
WAUKEE, IOWA 50263
JEFFREY A. EGGE
BRYAN M. LOYA PHONE • (515) 369-2502
FAX • (515) 369-2503
February 26, 2026
City of Waukee City Council
c/o City of Waukee Planning Department
230 W. Hickman Road
Waukee, Iowa 50263
RE: Formal Objection to R-3 High Density Residential Zoning – Alderbrook Development
(Civil Design Advantage Project No. 2511.843)
Dear Members of the City Council:
Please be advised the undersigned and the law firm of Wilson, Egge & Loya, P.C. represent the
interests of the Major Bowen Trust U/T/A dated June 28, 2023 (“Trust”) as the title owner of real property
located at 31413 T. Avenue, Adel, Iowa. The Trust hereby formally object to the proposed R-3 High
Density Residential zoning district included in the Alderbrook rezoning application currently pending
before the City Council. The R-3 designation as proposed is inconsistent with the City’s own 2040
Comprehensive Plan, unsupported by the legal standards governing rezoning decisions under Iowa law,
and incompatible with the character of the surrounding neighborhood. The Trust respectfully urge the
Council to deny or modify this portion of the rezoning request.
I. Iowa Law Requires Zoning Decisions to Be Consistent with the Comprehensive Plan
Iowa Code § 335.5(1) provides that county zoning “regulations shall be made in accordance with a
comprehensive plan.” The Iowa Supreme Court has interpreted this requirement to mean that zoning
decisions must “promote the goals of that individualized plan.” Webb v. Giltner, 468 N.W.2d 838, 841
(Iowa Ct. App. 1991). The purpose of this requirement is to prevent “piecemeal and haphazard zoning”
and to “ensure the county board acts rationally rather than arbitrarily in exercising their delegated zoning
authority.” Wolf v. City of Ely, 493 N.W.2d 846, 849 (Iowa 1992).
The Iowa Court of Appeals recently reaffirmed these principles in compliance with the
comprehensive plan requires that “zoning authorities have given full consideration to the problem
presented, including the needs of the public, changing conditions, and the similarity of other land in the
same area.” Residential & Agric. Advisory Comm., LLC v. Dyersville City Council, 888 N.W.2d 24, 45
(Iowa 2016) This standard applies with full force here.
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II. The R-3 Designation Conflicts with the 2040 Comprehensive Plan
The City of Waukee’s 2040 Comprehensive Plan (Figure 3.3 – Land Use Plan) designates the
subject area near the T Avenue and University Avenue corridor as Medium Density Residential. The R-3
High Density Residential classification proposed for the southwest corner of the Alderbrook site directly
contradicts this designation. The City has not initiated a Comprehensive Plan amendment to support the
higher density. Under Iowa Code section 335.5(4), amendments to a comprehensive plan require notice
and a public hearing – a process that has not occurred here.
Iowa law distinguishes between “major changes” to a comprehensive plan that require formal
amendment and “isolated, minor, or individual changes” that do not. Smith v. City of Fort Dodge, 160
N.W.2d 492, 497 (Iowa 1968). Introducing a High-Density Residential classification into a corridor the
Comprehensive Plan designates as Medium Density Residential is not a minor or isolated adjustment – it is
a substantive departure from the land use vision the City has adopted for this area. Absent a
Comprehensive Plan amendment or a compelling showing of changed circumstances, the Commission
should decline to approve a rezoning that contravenes the City’s own long-range plan.
III. Incompatibility with Adjacent Land Uses and the Absence of Enforceable Buffers
The R-3 district- High Density Residential Development- which may include multi-story apartment
buildings or dense townhome clusters – represents an abrupt and incompatible transition from the
predominant character of this corridor. Here, the rezoning exhibit shows only a “landscape buffer
(typical)” notation with no dimensions, plant specifications, berm requirements, or fencing details. An
unspecified buffer notation is neither the equivalent of a physical improvement already in place nor an
enforceable condition protecting neighboring property owners. The Council should not approve the R-3
designation without concrete, binding mitigation commitments.
IV. Traffic and Infrastructure Impacts Have Not Been Analyzed
The proposed R-3 parcel is situated at the southwest corner of the Alderbrook development with
direct access to Ashworth Road. High-density residential development will generate significantly more
vehicle trips than medium-density uses, placing additional strain on Ashworth Road and T Avenue. Under
Iowa law, a board’s rezoning decision must be supported by “competent and substantial evidence.”
Perkins v. Bd. of Supervisors of Madison Cnty., 636 N.W.2d 58, 67 (Iowa 2001). No traffic impact study
addressing the R-3 component has been submitted. The Council cannot satisfy its obligation to give “full
consideration to the problem presented, including the needs of the public” without this foundational data.
VI. Requested Relief
Based on the foregoing, we respectfully request the Council take one or more of the following actions
with respect to the R-3 High Density Residential component of the Alderbrook application:
1. Deny the R-3 zoning designation and require that the applicant redesign the southwest parcel
consistent with the Medium Density Residential designation of the 2040 Comprehensive Plan (R-4
or similar), as required by Iowa Code § 335.5(1);
2. In the alternative, table action on the R-3 district pending submission and review of: (a) a detailed
dense landscape and buffer plan between the western edge of the Alderbrook development and T
Avenue with significant modifications including but not limited to berms and trees with mature,
dense landscaping and enforceable specifications; (b) a traffic impact study addressing the R-3
component specifically; and (c) a written analysis demonstrating substantial compliance with, or
legally sufficient justification for deviation from, the 2040 Comprehensive Plan consistent with the
standards.
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3. At minimum, condition any approval of the R-3 designation upon recorded buffer easements,
maximum building height restrictions, and a cap on the number of dwelling units, to provide
enforceable protections for adjacent property owners consistent with Iowa law’s requirement that
rezoning decisions be supported by competent and substantial evidence.
The Trust appreciates the Council’s time and careful consideration of this objection. The Trust reserves
the right to supplement this written objection with oral testimony at the public hearing and to submit
additional materials as the record develops. The Trust remains ready and willing to discuss these concerns
with City staff and Developer at any time.
Thank you for your attention to this matter.
Sincerely,
Jeffrey A. Egge
For The Firm
Enclosure