HomeMy WebLinkAbout2021-02-01-H01 Timber Creek Plat 1 Rezoning_PH AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: February 1, 2021
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 / PD-1
Planned Development Overlay District [Timber Creek Plat 1]
FORMAT: Public Hearing
SYNOPSIS INCLUDING PRO & CON: Staff has received a request for rezoning of
approximately 17.76 acres of property from A-1 to R-1/PD-1. The
property is located north of Ashworth Road and east of R-22/Ute
Avenue. The City annexed the subject property in December 2020, and
the City Development Board took action on the annexation on January
13, 2021. The annexation will be complete on February 12, 2021 after
the mandated 30-day waiting period has expired.
The applicant has submitted consent from 75.11% of adjoining property
owners within 250-feet of the property. A rezoning sign was placed on
the property on January 19th and notices were mailed to adjoining
property owners. Staff has received no correspondence regarding this
request.
The concept plan submitted with the application indicates nine (9) lots
for single-family residential development. The lots range in size from
0.75-acres to 3.24-acres in area. All of the proposed lots meet the
minimum R-1 standards. A number of outlots are shown on the concept
plan for stormwater detention and areas within the floodplain of Sugar
Creek. Two additional outlots are shown for the proposed street and for
an existing horse barn that is located on the property. The street is
proposed to be a private street with gated access. The street will be
owned and maintained by a homeowners association. The existing horse
barn on Outlot Y is to be shared between the future owners of Lots 6 and
7. Public sanitary sewer and water will serve all lots.
The Planned Development has been included in this request for primarily
two reasons. The first reason is to address the proposed shared use of the
existing horse barn shown on Outlot Y. Staff has included a provision in
the Planned Development to prohibit commercial use of the barn. The
applicant has indicated that the intended use of the barn is primarily for
storage. The barn will not be used for agricultural purposes. The second
reason is to address the request of a private street instead of a public
street. The applicant wishes to have a private street so that an access gate
can be installed at the entrance from Ashworth Road. Access gates are
H1
prohibited from being installed on public streets, which necessitates the
need for the street to be private. Staff has included provisions specific to
the request for a private street that address street design, street lighting,
emergency services access, and sidewalks.
The 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 project would be 0.5 units per acre. The
proposed density is less than what the Comprehensive Plan identifies
within the category, however, the characteristics of the property and the
proximity to Sugar Creek justify the reduced density.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT: The Planning and Zoning
Commission reviewed the rezoning request on January 26, 2021 and
recommended approval:
Approval of a Rezoning related to a change from A-1 (Agricultural District) to R-1 (Single
Family Residential District) / PD-1 (Planned Development Overlay) [Timber Creek Plat 1]
City Planner, Andy Kass, introduced the request for rezoning as submitted by the applicant Nick
Jensen. The property is generally located north of Ashworth Road and east of R-22/Ute Avenue,
containing approximately 17.76 acres. The rezoning received consent from 75.11% of the
adjoining property owners. Notification was sent on January 19th, 2021 and no correspondence
for or against the rezoning has been received at this time. The property is currently undergoing
annexation into the City of Waukee which is set to be finalized February 12th, 2021. The intent is
to keep the existing home and horse barn on the property.
Mr. Kass advised that the concept plan indicates the creation of nine lots for single –family
residential development. The lots would range in size from 0.75 acres to 3.24 acres in area.
Outlots A, B, and C contain areas with in the 100 year and 500 year floodplain and will be owned
and maintained by the adjacent lot owners. Outlot Y contains an existing horse barn with the
intent that ownership will be shared between lots 6 and 7 for private use. Outlot X contains the
private street, Timber Creek Lane. Outlot Z will be utilized for storm water detention. All
proposed lots meet or exceed the minimum requirements for the R-1 zoning district.
Approximately 0.18 acres has been dedicated for Parkland.
Mr. Kass explained the Planned Development is in place for two primary reasons. First, it
addresses the proposed shared use of the existing horse barn with a prohibition on commercial
use of the barn. Second, the document addresses the request for a private street instead of a public
street to allow for an access gate. The provisions in the document insure appropriate access for
City services to be maintained, as well as emergency service access to the residents.
At this time staff would recommend approval of the rezoning subject to any remaining staff
comments, review of the legal documents, and completion of the annexation process.
Commissioner Hoifeldt questioned if there would he boarding allowed in the horse barn.
Eric Cannon, a representative for the applicant, advised that boarding would not be
allowed. It is for private use only.
Commissioner Hoifeldt questioned if the parking is also private use. Mr. Cannon
remarked that was correct. Mr. Deets added that the use of the horse barn has to follow
the allowed uses within the R-1 zoning requirements.
Commissioner Broderick questioned if outlot Y would be privately maintained. Mr.
Cannon remarked that was correct. The maintenance would be between the two lot
owners, Outlots X and Z would be under a Homeowner’s Association.
Commissioner Hoifeldt moved to approve the rezoning from A-1 (Agricultural District) to R-1
(Single Family Residential District)/ PD-1 (Planned Development Overlay), subject to any
remaining staff comments, review of the legal documents, and completion of the annexation.
Commissioner Broderick seconded the motion. Ayes: Inman, Conley, Broderick, Ward, and
Hoifeldt. Nays: None. Motion Carries.
STAFF REVIEW AND COMMENT: Staff believes the proposed rezoning request is
consistent with the Comprehensive Plan and recommends approval of the
rezoning request.
RECOMMENDATION: Hold the Public Hearing.
ATTACHMENTS: I. Staff Report
II. Rezoning Map
III. Concept Plan
IV. Planned Development
PREPARED BY: Andy Kass, Senior Planner
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION: Dallas County News
DATE OF PUBLICATION: January 21, 2021
PLANNING AND ZONING COMMISSION STAFF REPORT
PROJECT: Timber Creek Plat 1 – Rezoning PREPARED BY: Andy Kass AICP, Senior Planner
REPORT DATE: January 22, 2021
MEETING DATE: January 26, 2021
GENERAL INFORMATION
Applicant: Nick Jensen
Owner:
Christopher C. Boley First Revocable Living Trust
Owner’s Representative:
Eric Cannon, PE – Snyder & Associates
Request: The applicant is requesting approval of a rezoning for
a single-family residential subdivision.
Location and Size: Property is generally located north of Ashworth Road
and east of R-22/Ute Avenue, containing
approximately 17.76-acres.
AREA MAP
ABOVE LEFT: Concept plan of the development identifying the area proposed to be rezoned. The area outlined in RED is the area
proposed to be rezoned.
January 22, 2021
2 of 3
LAND USES AND ZONING
Location Existing Land Use Comprehensive Plan Current Zoning
Property in
Question
Existing Acreage Single Family
Residential
A-1 (Agricultural District)
North Single Family Single Family
Residential
Dallas County
South Single Family Rural Residential Dallas County
East Timberline
Campground
Park Dallas County
West Existing Acreage &
El Dorado Hills Plat 1
Single Family
Residential
A-1 (Agricultural District) & R-1 (Single
Family Residential)
BACKGROUND
The subject property is located north of Ashworth Road and east of R-22/Ute Avenue. The applicant and property
owner request that the property be rezoned from A-1 to R-1/PD-1 to develop a large lot single-family residential
subdivision. The subject property is in the process of being annexed into the City of Waukee. The Waukee City Council
approved the annexation on December 7, 2020. The City Development Board approved the annexation on January 13,
2021. The annexation will be finalized on February 12, 2021 when the 30-day waiting period expires. The property has
an existing home and horse barn located on it. The intent of the applicant is to keep the existing home and horse barn.
The applicant has submitted consent from 75.11% of adjoining property owners within 250-feet of the property. The
rezoning sign was placed on the property by the January 19, 2021 deadline. Notification to adjacent property owners
was mailed on January 19, 2021. Staff has not received any correspondence from adjoining property owners.
PROJECT DESCRIPTION
The concept plan provided indicates nine (9) lots for single-family residential development. The lots range in size from
0.75-acres to 3.24-acres in area. Outlots A, B, and C contain areas within the 100-year and 500-year floodplain. These
outlots will be owned by the adjacent lot owners. Outlot Y has an existing horse barn located on it that will remain with
the plat. The intent is that the owners of Lots 6 and 7 will share ownership of the existing barn. Outlot X contains the
proposed private street, Timber Creek Lane. Outlot Z is shown on the south side of the plat and will be utilized for
stormwater detention.
The bulk regulations for the R-1 zoning district are included below in Table 1. All proposed lots would comply with the
regulations of the proposed R-1/PD-1 district.
Table 1: Standard R-1 requirements and proposed R-1/PD-1 requirements.
Category Standard R-1 (minimum) Proposed R-1/PD-1
(minimum)
Lot Area 10,000 square feet per unit 30,000 square feet
Lot Width 80 feet 100 feet
Front Yard Setback 30 feet 50 feet
Rear Yard Setback 30 feet 35 feet
Side Yard Setback 15 feet 25 feet
January 22, 2021
3 of 3
The Planned Development has been included for primarily two reasons. The first reason is to address the proposed
shared use of the existing horse barn shown on Outlot Y. Staff has included a provision in the Planned Development to
prohibit commercial use of the barn. The second reason is to address the request of a private street instead of a public
street. The applicant wishes to have a private street so that an access gate can be installed at the entrance from
Ashworth Road. Access gates are prohibited from being installed on public streets. Staff has included provisions specific
to the request for a private street within the Planned Development. The provisions include the following:
The private street shall be designed to a public street standard as is defined within the Waukee
Subdivision Ordinance and Waukee Standard Specifications for Public Improvements
Sidewalk shall be provided on at least one side of the private street
Appropriate street lighting shall be provided in order to create a safe and secure environment for the
residents within the development
Emergency access as approved by the Waukee Police and Fire Departments shall be provided to the
entrance gate along Ashworth Road
A public ingress/egress easement shall be provided to allow for emergency access and for maintenance
of City utilities
The proposed lots will be served by public utilities. Currently, the property has access to existing sanitary sewer. Water
main will be extended along Ashworth Road as part of the Ashworth Road/R-22 intersection project that the City will
construct and is scheduled to begin in 2021.
Parkland dedication requirements will apply to the project because of its residential nature. The required amount of
parkland is 0.18-acre.
COMPREHENSIVE PLAN
The 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 project would be 0.5 units per acre. The proposed density is
less than what the Comprehensive Plan identifies within the category, however, the characteristics of the property and the
proximity to Sugar Creek justify the reduced density.
STAFF RECOMMENDATION
The proposed zoning district is 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 Timber Creek Plat 1 subject
to completion of the annexation process.
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PROJECT LOCATION BYDATEREVISIONMARKScale:Technician:T-R-S:SNYDER & ASSOCIATES, INC. |Checked By:Engineer:Date:1" =Project No:SheetProject No:
Sheet 5010 VOGES ROADMADISON. WISCONSIN 53718608-838-0444 | www.snyder-associates.comEDCRMBKMM12/03/2020 120.02591120.0259
1TIMBER CREEK PLAT 1REZONING MAPWAUKEE, IOWAAS PER CITY COMMENTS 12-22-20 RMB 1 TTN-RRW-SSV:\Projects\2020\120.0259.01\CADD\1200259_REZON.dwg RILEY MORTENSON, 22X34 EXHIBIT L, 2020/12/22, 3:19 PM, ANSI FULL BLEED D (34.00 X 22.00 INCHES)FEET
0 100
FEET
0 1000
PROPERTY DESCRIPTION
LOT 3, TANGLEWOODS ACRES, AN OFFICIAL PLAT, EXCEPT PARCEL 19-21 AS FILED IN
BOOK 2019, PAGE 3583 OF THE DALLAS COUNTY RECORDER'S OFFICE ALL BEING IN
THE CITY OF WAUKEE, DALLAS COUNTY, IOWA.
OWNER / DEVELOPER
BOLEY, CHRISTOPHER C FIRST REVOC LIVING TRUST BOLEY, CHRISTOPHER C
TRUSTEE
31495 ASHWORTH RD
WAUKEE IA 50263
ZONING
EXISTING: A-1: AGRICULTURAL
PROPOSED: R-1 / PD-1: PLANNED UNIT DEVELOPMENT
ADJACENT OWNERS
1. FOUR SEASONS
PROPERTIES, INC
2. CHRISTENSEN, RICHARD K II
REVOC TR 12/14/01 50%
CHRISTENSEN, RICHARD K II
TRUSTEE
3. WYCOFF, JEFFERY
4. CIRCLE C INVESTMENTS LLC
5. JACOBSON, WILLIAM C &
KATHERINE A JTRS
6. MANNING, ROBERT D JR &
TIFFANY JTRS
7. CHAYSE HOLDINGS LLC
8. ELDORADO HILLS, LLC
9. KLINKEFUS, BRAD
10.BOLEY, DEBORAH FIRST
REVOCABLE LIVING TRUST
BOLEY, DEBORAH TRUSTEE
11. BMCCOY, MICHAEL C &
JOELLEN AS TRUSTEES
MCCOY, MICHAEL C &
JOELLEN REVOCABLE TRUST
12. NEW PIONEER GUN CLUB,
THE
LEGAL DESCRIPTION
TIMBERLINE RANCH
ESTATES LOT 2
TIMBERLINE RANCH
ESTATES LOT 1 & PARCEL
19-21 OF TANGLEWOOD
ACRES LOT 3
TWIN OAKS LOT 2
PARCEL 17-32 LOT 2
GOPHER HOLLOW
PARCEL C NE NW
TANGLEWOODS ACRES
PLAT 2, OUTLOT Z (2.58AC
FR)
TANGLEWOODS ACRES
PLAT 2 LOT 3 /EX PARCEL
19-20/
EL DORADO HILLS PLAT 1
OUTLOT Z;
EL DORADO HILLS PLAT 1
LOT 5;
EL DORADO HILLS PLAT 1
LOT 4
ALL E OF RD SE COR NW
SW & 7AC SW COR NE SW
SUGAR CREEK ACRES LOT
6
SUGAR CREEK ACRES LOT
5 (3.20AC FRR)
NW SE
MAILING ADDRESS
PO BOX 486
NEWTON IA 50208
31541 ASHWORTH RD
WAUKEE IA 50263
3176 ASHWORTH RD
WAUKEE IA 50263
3250 ASHWORTH RD
WAUKEE IA 50263
31370 ASHWORTH RD
WAUKEE IA 50263
27099 U AVE
WAUKEE IA 50263
773 NE 47TH PL
DES MOINES IA 50313
10888 HICKMAN RD. STE
3A
CLIVE IA 50325
31476 UTE AVE
WAUKEE IA 50263
31495 ASHWORTH RD
WAUKEE IA 50263
31380 CROSSCREEK LN
WAUKEE IA 50263
31454 312TH PL
WAUKEE IA 50263
TOTAL
SF WITHIN
250' OF
REZONING
193,937 SF
149,387 SF
2,651 SF
45,099 SF
92,555 SF
57,223 SF
167,755 SF
149,100 SF
125,890 SF
154,965 SF
2,693 SF
51,725 SF
1,192,980 SF
%
CONSENTING
44.53%
39.58%
75.11%
% OF PROPERTY
WITHIN 250' OF
REZONING
0.70%
15.19%
44.53%
39.58%
100.00%
% NON-
CONSENTING
VICINITY MAP
BYDATEREVISIONMARKScale:Checked By:Engineer:Technician:Date:Field Bk: Pg:1"= SheetofSheet of
Project No:SNYDER & ASSOCIATES, INC.Project No:515-964-2020 | www.snyder-associates.comANKENY, IOWA 500232727 S.W. SNYDER BLVD.V:\RefLibrary\CADDStandards\WorkSpace\Standards\Printing\Pen_Tables\date.tblV8iBWFullWeightPDF.pltcfgCONCEPT 41:6012/22/20204:26:55 PMRMORTENSONV:\Projects\2020\120.0259.01\CADD\1200259_CONCEPT.dgn1"= TLS11WAUKEE, IOWA11EDC09/10/20CONCEPT LAYOUT 4120.0259120.0259KMM0 60
FEET 60'TIMBER CREEK PLAT 11AS PER CITY COMMENTS12-22-20RMBASHWORTH ROAD1.19 AC
52,010 SF
50' SE TB A C K
75' SETBACK
0.37 AC
POND
PROPOSED
GATE
ENTRANCE
TIMBER CREEK LANE
Easement
26' Ingress/Egress
Easement
26' Ingress/Egress
0.25 AC
11,025 SF
OUTLOT A
OUTLOT B
0.75 AC
32,343 SF
1.00 AC
43,483 SF
1.01 AC
44,094 SF
1.11 AC
48,394 SF
2.40 AC
104,690 SF
2.16 AC
93,949 SF
3.24 AC
140,918 SF
1.21 AC
52,838 SF 1.36 AC
59,033 SF
1.14 AC
49,742 SF
OUTLOT C
0.31 AC
13,588 SF
1
OUTLOT X
100-YR FLOODPLAIN
500-YR FLOODPLAIN
2
3
4
5
6
7
8
9
OUTLOT Y 0.25 AC10,054 SFOUTLOT Z0.38 AC
16,341SF
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) AND PD-1 (PLANNED DEVELOPMENT OVERLAY) FOR
CERTAIN PROPERTY [TIMBER CREEK]
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 from A-1 (Agricultural District) to R-1 (Single
Family Residential District)/PD-1 (Planned Development Overlay), legally described as
follows:
LOT 3, TANGLEWOODS ACRES, AN OFFICIAL PLAT, EXCEPT PARCEL 19-21
AS FILED IN BOOK 2019, PAGE 3583 OF THE DALLAS COUNTY RECORDER’S
OFFICE ALL BEING IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA,
SAID PROPERTY CONTAINS 17.76 ACRES.
Section 2. 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 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 _____ day of __________, 2021, and approved this ____ day of
_____________, 2021.
Courtney Clarke, Mayor
Attest:
Rebecca D. Schuett, City Clerk
Exhibit A
TIMBER CREEK
PLANNED DEVELOPMENT
CITY OF WAUKEE
APPROVED BY WAUKEE CITY COUNCIL ON _____________________, 2021
TABLE OF CONTENTS
TIMBER CREEK 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 | TIMBER CREEK SINGLE FAMILY RESIDENTIAL – PLANNED DEVELOPMENT
Waukee, Iowa
Planned Development Overlay District (PD)
Item 1 Purpose and Scope of District
A. The subject property is generally located east of Ute Avenue and north of
Ashworth Road.
B. The proposed Planned Development is an approximately 17.76 acre
parcel of property. The proposed Planned Development calls for the
development of 9 single family residential estate lots and two outlots.
C. The existing zoning of the Property is A-1 (Agricultural District)
D. The proposed underlying zoning of the Property will be R-1 (Single Family
Residential District) with the Planned Development Overlay (PD-1)
defining the allowable uses, bulk regulations and restrictions.
Item 2 Location, Size, Legal Description
A. See Attached: Exhibit C – Legal Description
Exhibit D – Rezoning Map
Item 3 Conceptual Development Plan
A. See Attached: Exhibit E – Conceptual Development Plan
B. Exhibit E represents a conceptual development plan showing the proposed
development of 9 single family lots in addition to six outlots. Outlots A, B
and C adjoin Lots 6, 5 and 4 respectively and will be sold as a part of the
adjoining lot. Outlot Y includes an existing structure that is intended to be
used jointly by the owners of Lots 6 and 7 for personal use. Outlot X and Z
will be owned and maintained by a Homeowner’s Association established as
a part of the development of the property.
Item 4 Site Design Standards
A. Timber Creek Lane as shown on attached Exhibit E and located within Outlot
X is intended to be developed as a private street, which will be owned and
maintained by a homeowner’s association established as a part of the
development of the property. Gated access will be maintained at the
entrance along Ashworth Road to allow exclusive use of the private street by
the owners of the lots within the development. Timber Creek Lane shall be
allowed to be developed as a private street subject to the following
provisions:
1. The private street shall be designed to a public street standard as
is defined within the Waukee Subdivision Ordinance and Waukee
Standard Specifications for Public Improvements
2. Sidewalk shall be provided on at least one side of the private
street
3. Appropriate street lighting shall be provided in order to create a
safe and secure environment for the residents within the
development
4. Emergency access as approved by the Waukee Police and Fire
Departments shall be provided to the entrance gate along
Ashworth Road
5. A public ingress/egress easement shall be provided to allow for
emergency access and for maintenance of City utilities
Item 5 Bulk Regulations – Including Density Regulations, Setbacks, Maximum Heights,
and other design standards specific to the Project
Single Family Residential
A. All lots and homes shall be consistent with the R-1 Single Family
Residential District requirements with the following exceptions and
modifications as specified below:
1. Front Yard. Fifty (50) feet minimum
2. Side Yards. Total of twenty-five (25) feet – minimum of twelve
and a half (12.5) feet on each side
3. Rear Yards. Thirty-five (35) feet minimum
4. Minimum Lot Size. 30,000 square feet
5. Minimum Lot Width. One hundred (100) feet
6. Minimum Lot Depth. Two hundred (200) feet
Item 6 Uses of Property – Including Principal Permitted Uses and Accessory Uses
A. Those uses and accessory uses only as permitted within the R-1 (Single
Family Residential) Zoning District.
B. In addition, Outlot Y includes an existing building that can be used for
private accessory uses associated with either the adjoining Lots 6 or 7 or
both. Outlot Y shall not be utilized for any commercial activities.
END OF DOCUMENT
EXHIBIT C
LEGAL DESCRIPTION
LOT 3, TANGLEWOODS ACRES, AN OFFICIAL PLAT, EXCEPT PARCEL 19-21
AS FILED IN BOOK 2019, PAGE 3583 OF THE DALLAS COUNTY RECORDER’S
OFFICE ALL BEING IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA,
SAID PROPERTY CONTAINS 17.76 ACRES.
EXHIBIT D
REZONING MAP
EXHIBIT E
CONCEPTUAL DEVELOPMENT PLAN