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HomeMy WebLinkAbout2020-06-01-H01 Ashley Acres Rezoning_PH AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: June 1, 2020 AGENDA ITEM: Public Hearing on an ordinance to amend Chapter 169, Zoning Ordinance, City of Waukee, Iowa, by rezoning certain property from A-1 to R-2 (Ashley Acres) FORMAT: Public Hearing SYNOPSIS INCLUDING PRO & CON: The applicant, Ashley Acres, LLC, along with the property owner, Cardasian Land Company, LLC, request approval of a rezoning of approximately 68.8 acres of property located west of N Warrior Lane and approximately 1 ¼ miles north of Hickman Road (directly north of Sahu Acres). The applicant is requesting rezoning to allow for the development of a single family residential neighborhood. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: The Planning and Zoning Commission reviewed the request at their May 26, 2020 meeting and recommended approval: Approval of a Rezoning related to a change from A-1 (Agricultural District) to R-2 (One and Two Family Residential District) [Ashley Acres] Director of Development, Brad Deets, introduced the request for rezoning as presented by the applicant Cardasian Land Company, LLC. The request, if approved, would change the zoning of the subject property to allow for one and two family residential development. The property is generally located west of N Warrior lane and north of Sahu Acres, containing approximately 68.79 acres. Mr. Deets advised that the applicant needed to obtain 50.1 percent consent to the rezoning from the surrounding land area within 250 feet of the property located in Waukee in order to begin the rezoning application. The applicant has provided 59.74 percent. Staff has received several phone calls and emails that have been forwarded to the commission with concerns regarding the development. Mr. Deets explained that a concept plan has been provided to identify a general layout and configuration of how the property is proposed to develop. This plan identifies a total of 179 single family lots for an approximate density of 2.6 lots per acre. The development generally conforms to the 2040 Imagine Waukee Comprehensive Plan. Mr. Deets advised that access to the development will be provided from two public street connections along N Warrior lane. The street system will extend to the west to provide future connection to western properties and a street extension is also proposed to Little Walnut Creek within Sahu Acres to provide connectivity between neighborhoods and address H1 concerns with emergency access to Sahu Acres. The city of Clive and the City of Waukee will share a project to provide an asphalt overlay to N Warrior Lane north to Meredith Drive expected to be completed in 2021. At this time staff would recommend approval of the proposed rezoning request.  Commissioner Inman questioned the requirement for consent and the difference between property and property owners. Mr. Deets advised that the rezoning application requires 50.1 percent consent of surrounding property not property owners. An owner of a larger property provides a larger portion of percentage of consent.  Commissioner Inman questioned if Clive property was taken into consideration. Mr. Deets advised that only Waukee property was counted in the percentage of consent.  Commissioner Koshy verified that the layout proposed is conceptual and that the point of the current vote is whether or not to rezone the property to allow a residential development. Mr. Deets advised that is correct, however, most conceptual plans are generally close to what is eventually brought to review for a preliminary plat.  Commissioner Hoifeldt questioned about a gravel drive that is currently located just north of Sahu Acres and where it sits in relation to the properties. Mr. Deets advised that it does sit on the subject property to be rezoned. It was left after the completion of the paving of Little Walnut Creek where it served as an alternative access. It would be removed during the development of this development if approved.  Commissioner Hoifeldt questioned about the size of Little Walnut Creek Drive. Mr. Deets advised that it is not an “urban” section of road, it is 22 feet wide and while it has been improved it was not improved to residential road standard. The adjoining property owners contributed to the paving project, but the road is city maintained. Any additional improvements to the street would be on the onus of the City. The original thickness was laid with the intent of a 15-20 year life span.  Commissioner Hoifeldt questioned about the drainage of the proposed development. Dean Roghair, a representative for the applicant and Civil Design Advantage, advised that the storm water drains mostly to the east through some small draws and pickup areas for detention before flowing into the ditch and culvert of N Warrior Lane and ultimately the Pond on the other side of the road. The pond is technically located in Clive, however the Owner does have some control over the land in question.  Thomas Obrien, a resident of the Sahu Acres development, advised that the residents were not against development, just against the extension that would connect the two neighborhoods. The residents had concerns regarding the significant increase of cross traffic on a road that was not the width of a typical residential street, it has no curb and gutter or sidewalks. Pedestrians utilize the street as the means of foot traffic and the connection would endanger those that do so. Mr. Obrien also questioned that Sahu acres residents had been in the city for 30 years, so what was the concern of emergency access that required a change. Mr. Deets advised that there has always been a concern with only a one way in and one way out development, however, there had not been a way to create the secondary access as the land that surrounded Sahu Acres was agricultural.  Commissioner Hoifeldt questioned if residents and City Staff would entertain the idea of a gated street, so that only street maintenance and emergency vehicles could access. Mr. Deets advised that all options are open and that the gate could be a solution to protect the neighborhood and allow emergency access. Mr. Obrien advised that there has not been any previous issue with snow removal, with the cul-de-sac currently on Sahu Acres property.  Tammy Steinwandt, a resident of Sahu Acres, advised that she shared the same concerns that Mr. Obrien had presented. Additional traffic on the existing road would make it hazardous with how residents currently use it.  Megan Mcatee, a resident of Sahu Acres, questioned if there was intent to finish Walnut lane, and if the road project on Warrior lane would address a current blind spot that was hazardous. Mr. Deets advised that there was no current development to the south, but that utilizing Walnut Lane as the secondary access at the time development did occur could be another option. Mr. Deets also addressed concern on Warrior Lane stating that the design of the project would be taking place in the fall of 2020 and visibility updates would be evaluated.  Melanie, a resident of Sahu Acres, reiterated previous concerns with the street connection advising commissioners to take a drive, slowly, through the neighborhood. Those who live in the area know to be cautious on the street, but the same cannot be anticipated from a new development.  Patrick Morris, a resident of Sahu Acres, questioned if there can be work with the developer to place a house at the end of the Cul-de-sac and run any needed water mains for emergency access from the north development into Sahu acres.  Derrek Temple, a representative of the applicant, advised that he has heard a lot of good ideas and wishes to work through the concerns to create something that does not negatively impact the existing neighborhood, and stay within code requirements.  Commissioner Inman questioned if there were any options to widen the road or add sidewalks. Mr. Deets advised that the terrain of the development makes sidewalks difficult to install and there is no widening of the street anticipated in the capital improvements plan of the City.  Commissioner Broderick questioned what the thought process was behind having the connection. Mr. Deets advised that it was staff requested in order to provide the secondary access into Sahu Acres. Mr. Deets continued, stating that this was a unique situation and all comments were well founded. Staff is comfortable asking for review of alternative means.  Commissioner Streit clarified that this access was to provide secondary access to Sahu acres and not the north development. Mr. Deets advised that is correct. There are certain situations, such as an accident, or the culvert blowing out that would cause an issue for emergency crews to reach this location. Mr. Obrien added a comment, pointing out that portions of the development proposed were just as susceptible to those situations.  Mr. Deets questioned the residents present if, given an option, would they prefer an access from the north using this extension, or from the south utilizing S walnut lane. It was not unanimous, but Mr. Obrien advised, as a spokesperson that residents in attendance, that the utilization of S Walnut lane would be preferable.  Commissioner Streit made a comment that, while he understood the need for secondary emergency access, he would have the same concerns as the residents if he were in the same situation.  Commissioner Inman questioned what the next step would be. Mr. Deets advised that he would recommend the commission approve the rezoning with a comment to the council regarding a review of the access. Staff can have a discussion and present a new recommendation as zoning does not define the access points, the preliminary plat does.  Commissioner Broderick questioned of the residents can provide a petition. Mr. Deets advised that they could, all documentation received by staff goes in to the record given to the City Council for review.  Within the chat of the zoom meeting, Mr. Obrien questioned if there is a way to table the discussion until a better solution is presented. Commissioner Hoifeldt advised that he wouldn’t table the zoning as the issues are well documents and the access wasn’t a valid reason to deny the change of use. Commissioner Koshy moved to Approve a Rezoning related to a change from A-1 (Agricultural District) to R-2 (One and Two Family Residential District) [Ashley Acres] with the comment that Staff and the Developer need to review access points with residents of Sahu Acres. Commissioner Hoifeldt seconded the motion. Ayes: Ward, Broderick, Conley, Streit, Koshy, Inman, and Hoifeldt. Nays: None. Motion Carries. STAFF REVIEW AND COMMENT: The applicant provided a conceptual layout plan as a part of the rezoning request, which generally depicts the layout of the proposed residential neighborhood. At the request of City staff, the applicant had indicated a street connecting to the existing Little Walnut Creek Lane that runs through Sahu Acres to the south. The intent behind this connection was for purposes of providing a secondary access into the Sahu Acres neighborhood for emergency and medical personnel as well as for the benefit of the residents. As indicated in the minutes from the Planning and Zoning Commission, there was a lot of concern from the residents of Sahu Acres related to the street connectivity with the proposed development. The concerns related specifically to the increase in traffic and the potential safety concerns due to no sidewalks within Sahu Acres as well as it being more of a rural street section. Staff has discussed the proposed street connection and is comfortable moving forward without it with the understanding that a secondary street connection may be considered as a part of the development of the Broderick Property to the south of Sahu Acres in the future. At staff’s request, the applicant has provided an updated conceptual plan which removes the proposed street connection to Little Walnut Creek. Staff would reiterate that the consideration before the City Council at this time relates to the rezoning of the property for the proposed use. While a concept plan is provided as a part of a rezoning application, it is subject to change as a part of a preliminary plat request. The applicant has indicated that there still may be additional tweaks to the overall layout, but that they are agreeable to eliminating the connection to Little Walnut Creek as they proceed forward with the development of a preliminary plat for the property. RECOMMENDATION: Staff recommends holding the Public Hearing ATTACHMENTS: I. Staff Report (note that the staff report has not been updated to reflect the new concept plan) II. Rezoning Map III. Updated Concept Plan IV. Email Correspondence from surrounding property owners PREPARED BY: Brad Deets, Development Services Director REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: Dallas County News DATE OF PUBLICATION: May 21, 2020 PLANNING AND ZONING COMMISSION STAFF REPORT PROJECT: Ashley Acres Rezoning PREPARED BY: Brad Deets, Development Services Director REPORT DATE: May 22, 2020 MEETING DATE: May 26, 2020 GENERAL INFORMATION Applicant: Ashley Acres, LLC Owner: Cardasian Land Company, LLC Owner’s Representative: Dean Roghair, P.E., Civil Design Advantage Request: The applicant is requesting approval of a rezoning from A-1 Agricultural District to R-2 One and Two Family Residential District. Location and Size: Property generally located west of N Warrior Lane and north of Sahu Acres subdivision containing 68.79 acres. AREA MAP ABOVE LEFT: Aerial of Property identifying the location of the property. The area outlined in BLUE is the area subject to the requested amendment. May 22, 2020 2 of 3 LAND USES AND ZONING Location Existing Land Use Imagine Waukee 2040 Land Use Plan Current Zoning Property in Question Vacant – Undeveloped Low Density Residential A-1 (Agricultural District) North Vacant – Undeveloped Low Density Residential A-1 (Agricultural District) South Single Family Residential Low Density Residential AR (Single Family Acreage District) East Vacant - Undeveloped **Located in City of Clive **Located in City of Clive West Vacant – Undeveloped Low Density Residential A-1 (Agricultural District) BACKGROUND The subject property is agricultural property located on the west side of N Warrior Lane and directly north of the Sahu Acres residential subdivision, or approximately 1 ¼ miles north of Hickman Road. Additional agricultural property is located to the north. It is anticipated that a rezoning application for the property to the west will be presented to the City in the next several months. The property to the east is located within the City of Clive. Rezoning of that property has recently occurred for additional residential development. In order to begin a rezoning process, the applicant is required to provide consent from 50.1% of the surrounding land area within 250 feet of the property that is located within the City of Waukee. The applicant has provided consent totaling 59.74% of the surrounding land area within 250 feet. A rezoning sign was placed on the property on May 13, 2020. Notification to adjacent property owners within the 250 foot radius was mailed on May 15, 2020. To date, staff has received a couple of phone calls but no specific correspondence either for or against the proposed rezoning request. PROJECT DESCRIPTION The applicant is requesting rezoning of the approximately 69 acres from A-1 Agricultural District to R-2 One and Two Family Residential District. A concept plan has been prepared for the property, which identifies a general layout and configuration of how the property is proposed to be developed. The concept plan identifies a total of 179 single family lots for an approximate density of 2.6 lots per acre. The 2040 Imagine Waukee Comprehensive Plan identifies low density residential as the intended use for the subject property. Low density residential is described as typical lot size ranges from 2 to 4 units per acre. The low density residential typology includes predominantly single family detached homes with limited clusters of attached housing types such as duplexes or twin homes. May 22, 2020 3 of 3 The bulk regulations for the proposed R-2 zoning district are described below: 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 (7 feet minimum) The concept plan indicates a variety of lot types and sizes. Smaller lots with a minimum width of 65 feet are proposed in the northeast corner of the property. The balance of the property would include lots with a minimum width of 70 feet as well as larger single family lots with a minimum width of 80 feet along the southern portion of the property. Access to the development will be provided from two public street connections along N Warrior Lane. The public street system will extend to the west to provide future connection to property located west of the proposed development. A street extension is also proposed to Little Walnut Creek within Sahu Acres, which will create connectivity between the neighborhoods as well as address Waukee Fire Department concerns regarding emergency access to Sahu Acres. The Waukee City Council in partnership with the City of Clive have included funding within the capital improvements plan for an asphalt overlay project on Warrior Lane from where the pavement ends today north to Meredith Drive. The asphalt overlay project is expected to be completed in 2021. STAFF RECOMMENDATION The proposed use and zoning of the property is consistent with the identified future land use plan included within the Imagine Waukee 2040 Copmprehensive Plan. Staff would recommend approval of the proposed rezoning request. REZONING AREA68.79 ACN. WARRI0R LANEN. LITTLEWALNUT CREEK DR IVE S00°08'30"E 1581.58'S89°21'30"W 33.00'S89°21'30"W 867.50'N18°00'30"W 35.80'N70°43'30"W 625.00'N01°38'00"W 702.70'N89°25'00"W 1152.80'N00°27'15"E 654.00'S89°25'38"E 2629.00'CIVIL DESIGN ADVANTAGE2003.121ASHLEY ACRES ENGINEER:TECH: REVISIONS DATE WAUKEE, IOWA1 PREPARED 04/14/20 PHONE: (515) 369-4400 FAX: (515) 369-4410 3405 S.E. CROSSROADS DRIVE, SUITE G GRIMES, IOWA 50111 REVIEW:REVISED 05/08/201REZONING EXHIBIT OWNERZONINGBULK REGULATIONS·······REZONING DESCRIPTIONVICINITY MAPWAUKEE, IAPROJECTADJACENT OWNERSHIPAPPLICANT LITTLE WALNUT CREEK DRIVE N WARRIOR LANE123456789101112131415161718192021222324252627282930313233343536373839404142434445464748495051525354555657585960616263646566676869707172737475767778798081828384858687888990919293949596979899100101102103104105106107108109110111112113114115116117118119120121122123124125126127128129130131132133134135136137138139140141142143144145146147148149150151152153154155156157158171172173170174169175168176167177166178165179164180163181162182161183160184159 CIVIL DESIGN ADVANTAGE2003.121ASHLEY ACRES ENGINEER:TECH: REVISIONS DATE WAUKEE, IOWA11 PREPARED 04/07/20 PRELIMINARY CONCEPT PLAN PHONE: (515) 369-4400 FAX: (515) 369-4410 3405 S.E. CROSSROADS DRIVE, SUITE G GRIMES, IOWA 50111 REVISED 05/08/20 REVISED 05/28/20