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Home My WebLink About2021-02-16-I03 Timber Creek Plat 1 Rezoning_2ND READAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: February 16, 2021 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 Agricultural District to R-1 Single Family Residential District / PD-1 Planned Development Overlay District (Timber Creek Plat 1) [second reading] FORMAT:Ordinance SYNOPSIS INCLUDING PRO & CON: FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Staff would recommend approval of the second consideration of the ordinance for rezoning. RECOMMENDATION: Approve the second reading of the ordinance in title only. ATTACHMENTS: I. Proposed Ordinance PREPARED BY:Becky Schuett REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I3 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 PLAT 1] 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 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.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 1st day of February, 2021, and approved this 1st day of February, 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