HomeMy WebLinkAbout2020-12-07-H01 Castle Property Rezoning_PH AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: December 7, 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 Agricultural
District to R-1 (Single Family Residential District) (Castle Property)
FORMAT: Public Hearing
SYNOPSIS INCLUDING PRO & CON: The applicant, Castle Productions, LLC, requests approval
of a rezoning from A-1 to R-1 for property located south of Meredith Drive and west of N. Warrior
Lane. The property is approximately 10-acres in area. The applicant received 36.06% consent for the
proposed rezoning from adjoining property owners. Typically, a minimum of 50% consent is required
from adjoining property owners, however, the subject property is only adjacent to property within the
Waukee corporate limits on two sides. The property owner on the north side did not consent to the
request and the owner of the west side consented. Properties on the south and east sides are not eligible
to consent since they are not within the city limits. Because of this the City Council agreed to set the
public hearing to allow the process to move forward.
The concept plan for the property that was submitted indicates six (6) single family residential lots.
The lots range in size from 1-acre to 1.5-acres in area. A public street is shown on the north side that
would provide access to the lots from N. Warrior Lane. A landscape buffer will be required along the
east plat boundary adjacent to N. Warrior Lane. Public water and sanitary sewer are not currently
available to the subject property. Until these utilities are available they lots would be served by
individual septic systems and Xenia Rural Water. N. Warrior Lane is currently a gravel road, however,
the cities of Waukee and Clive are working on improving N. Warrior Lane with an asphalt overlay
project that is intended to begin in the summer of 2021 with a completion date of fall 2021. The
asphalt overlay would begin at the intersection of N Warrior Lane and Meredith Drive and continue
south to where the existing pavement ends near the intersection of NE Badger Lane and N. Warrior
Lane.
The Imagine Waukee 2040: Comprehensive Plan did not assign a future land use to this property, as
the property was not within the city limits at the time the plan was developed and approved. The
property was annexed after the plan was approved. The areas surrounding the subject property are
identified as Single Family Residential. If the subject property had been included in the
Comprehensive Plan, it would have been identified as Single Family Residential as well. The
Comprehensive Plan defines Single Family Residential 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 in this request is 0.6 units per acre.
Staff did receive correspondence from the property owner to the north of the subject property prior to
the Planning & Zoning Commission hearing outlining their concerns to the request. The
correspondence has been included for your review.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
H1
COMMISSION/BOARD/COMMITTEE COMMENT: The Planning and Zoning Commission
reviewed the request at their November 24, 2020 meeting and
recommended approval:
Approval of a Rezoning Related to a Change from A-1 (Agricultural District) to R-1 (Single
Family Residential District) [Castle Property]
Senior Planner, Andy Kass, introduced the request for approval of a rezoning for single family
development as submitted by the applicant Castle Productions, LLC. The request identifies the
property as generally located south of Meredith Drive and west of N. Warrior Lane, containing
approximately 10 acres. Currently, the property is a residential acreage that was recently annexed into
the City of Waukee. The applicant has submitted consent from 36.06% from neighboring property
owners. In this circumstance, the property owners outside of the city of Waukee that border the subject
property to the south and east are not eligible to give consent. The applicant requested that the City
Council set a public hearing date without the required consent and the request was granted. Rezoning
signs and mailed notification to property owners were provided on November 16th, 2020.
Correspondence against the rezoning was received and forwarded to all commission members.
Mr. Kass advised that the concept plan provided indicates six lots for single family residential
development ranging in size from 1.02 -1.54 acres. All lots are to meet the standard R-1 zoning
requirements. The subject property does not have access to public sanitary sewer which increases the
lot area and width requirements to allow for septic systems. Water utilities would be provided by
Xenia Water until City water mains can be extended from the south. The existing house on the
property would be demolished if the property develops. Public street access is provided off of
N/Warrior Lane and both the City of Waukee and the City of Clive are working on a joint project to
install an asphalt overlay project for Meredith Drive slated to begin summer of 2021. Parkland
dedication requirements amount to 0.12 acres.
Mr. Kass explained that the City of Waukee Comprehensive Plan identifies this area as Single Family
Residential. While the proposed density of the current concept is less than the Concept Plan identified
typical density, Staff believes it is more appropriate for the area given the minimal access to public
utilities. At this time Staff would recommend approval of the rezoning for the Castle Property.
Commissioner Streit questioned if there were long term plans for the intersection of N.
Warrior Land and Meredith Drive. Mr. Kass advised that long term it is a potential busy street,
however there are no current counts. A signal could be installed at the time of the asphalt
improvements in 2021 but no set decisions have been made at this time.
Commissioner Koshy asked for the corporate limits to be called out for reference. Mr. Kass
provides the reference points.
Commissioner Hoifeldt questioned the future planning of the intersection. He advised that he
had read the submitted letter from the north property owner that has indicated that they are
interested in constructing commercial projects on their lots. Commissioner Hoifeldt questioned
if Staff had investigated future intent for the Clive portion of the intersection. Mr. Kass
advised that the Director of Development had responded to the correspondence that indicates
that if the homeowner is interested in commercial development he would need to send a
request to the City Council to amend the Comprehensive Plan. Staff is comfortable as there are
regulations related to buffering requirements between commercial and residential areas that
promote a harmonious transition. While the potential exists that commercial development
could happen on the Clive portion of the intersection, staff does not feel that this parcel being
single family is a hindrance.
Commissioner Hoifeldt questioned if there is an issue with the road access if it does not line
up with the Clive access to the east. Mr. Kass advised that it depends on the distance from the
offset. As the proposed road is a cul-de-sac, staff is not concerned with the alignment.
Kevin Henter, Representative of Warrior 5, advised that comprehensive plans can change and
that this area may not be the best location for high end lots given that there is the anticipation
of so much commercial development in the area. He advised that it seemed premature to
approve single family development with out a total picture of what would occur on
surrounding properties.
Jared Murray, a representative of Castle Properties, advised that the applicant had looked to
the comprehensive plan in order to match surrounding potential development, and given that
extensions for utilities were so far out this type of development seemed best for this property.
it’s up to the applicant if they will be considered “high- end” lots, and the applicant is aware
that buffering may be needed and of the potential for commercial development which is why
the concept plan indicates the road between the lots and north property.
Jerry Bussanmas, partner of Castle Productions, added to Mr. Murray’s comments that there is
not a current plan for the property to the east to take into consideration. Mr. Bussanmas also
advised that they have reached out to the north property owner to see plans of future
development, to buy or sell the lot as well, but have not gotten a response. The development in
question is a potential location for Mr. Bussanmas’ personal home and he has no issue with it
bordering commercial development, he is just trying to be good neighbors especially to the
current home to the south.
Kent Porter, a representative for Warrior 5, added to Mr. Henter’s comments agreeing that it
seemed premature and questioned if it would be easier to just rezone their property to
commercial now. Mr. Kass advised that it is best to follow the procedures outlined in the
response from the development director to move forward on that option.
Commissioner Hoifeldt questioned Mr. Murray if the property owners would be responsible
for connecting to the City water service once available. Mr. Murray advised that would be
correct. Commissioner Hoifeldt also questioned if Staff was aware of Clive utility locations.
Mr. Kass advised that it was unknown where Clive anticipated extending utilities. There is no
water along N. Warrior Lane, so it is most likely coming from the east, but there is possibly a
gas line.
Commissioner Hoifeldt questioned who owned the gas line. Mr. Kass advised it is most likely
MidAmerican Energy or Northern Natural Gas. If the gas utility were to extend north the City
would become the provider for this location.
Brett, Partner of Castle Productions, commented that the current request was a real time
request that considers what is available now. the North property development is a hope with
no real plan that is attempting to halt other property development.
Commissioner Hoifeldt agreed that it was speculating what could potentially go into the
currently undeveloped areas, however it is important that the City Council be aware that this
could be a question or potential issue in the future.
Commissioner Streit clarified that the absence of utilities makes the area a hindrance for
commercial development. Mr. Kass advised that is correct.
Commissioner Hoifeldt moved to approve the rezoning related to a change from A-1 (Agricultural
District) to R-1 (Single Family Residential District). Commissioner Inman seconded the motion. Ayes:
Inman, Koshy, Streit, Broderick, Ward, and Hoifeldt. Nays: None. Motion Carries.
STAFF REVIEW AND COMMENT: The proposed rezoning is in conformance with the
Comprehensive Plan. In addition, the proposed rezoning is consistent with established land use goals
and policies of the comprehensive plan. Although the proposed density is lower than the
Comprehensive Plan identifies for the Single Family land use classification, the lack of available
public utilities in the area supports the proposed lower density.
RECOMMENDATION: Staff recommends holding the Public Hearing
ATTACHMENTS: I. Staff Report
II. Rezoning Map
III. Concept Plan
IV Email Correspondence from Kent Porter
PREPARED BY: Andy Kass, Senior Planner
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION: Dallas County News
DATE OF PUBLICATION: November 26, 2020
PLANNING AND ZONING COMMISSION STAFF REPORT
PROJECT: Castle Property – Rezoning PREPARED BY: Andy Kass AICP, Senior Planner
REPORT DATE: November 20, 2020
MEETING DATE: November 24, 2020
GENERAL INFORMATION
Applicant: Castle Productions, LLC
Owner:
Castle Productions, LLC
Owner’s Representative:
Jared Murray, PE - Civil Design Advantage
Request: The applicant is requesting approval of a rezoning for
a single family residential subdivision.
Location and Size: Property is generally located south of Meredith Drive
and west of N. Warrior Lane, containing
approximately 10-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.
November 20, 2020
2 of 3
LAND USES AND ZONING
Location Existing Land Use Comprehensive Plan Current Zoning
Property in
Question
Existing Acreage Not Defined A-1 (Agricultural District)
North Vacant -
Undeveloped
Single Family
Residential
A-1 (Agricultural District)
South Existing Acreage Not Defined Dallas County
East Fox Creek Estates
Neighborhood
City of Clive City of Clive
West Vacant Property Single Family
Residential
A-1 (Agricultural District)
BACKGROUND
The subject property is located south of Meredith Drive and west of N. Warrior Lane. The property is approximately
10-acres in area and is currently in use as an existing residential acreage. The subject property was recently annexed
into the City of Waukee. The applicant and property owner request that the property be rezoned from A-1 to R-1 to
develop a single family residential subdivision.
The applicant has submitted consent from 36.06% from neighboring property owners. The percentage of consent is less
than the standard requirement of 50%. The subject property abuts property within the City of Waukee on only the west
and north sides. Consent was only secured from the property owner to the west. Property owners outside of Waukee
city limits are not eligible to give consent. The applicant requested that the City Council set a public hearing date
without the required consent and the request was granted. The rezoning signs was placed on the property on prior to
the November 16, 2020 deadline. Notification to adjacent property owners was mailed on November 16, 2020. Staff has
not received any correspondence from adjoining property owners.
PROJECT DESCRIPTION
The concept plan provided indicates six (6) lots for single family residential development. The lots range in size from
1.02-acres to 1.54-acres in area. The bulk regulations for the R-1 zoning district are included below in Table 1. The
subject property does not have access to public sanitary sewer, which increases the lot area and lot width requirements.
All proposed lots would comply with the regulations of the R-1 district. The existing house on the property would be
demolished if the property develops.
Table 1: Standard R-1 requirements.
Category Standard R-1 (minimum)
Lot Area 20,000 square feet per unit
Lot Width 100 feet per unit
Front Yard Setback 30 feet
Rear Yard Setback 30 feet
Side Yard Setback 15 feet
The concept plan identifies a public street providing access to each lot and connecting to N. Warrior Lane. The City of
Waukee and the City of Clive are working on a joint project to install an asphalt overlay on Warrior Lane from
November 20, 2020
3 of 3
Meredith Drive and to the south where the existing pavement ends north of NE Badger Lane. The asphalt overlay
project is planned to begin in Summer 2021 and complete in early Fall 2021.
The proposed lots would be served by individual septic systems for wastewater treatment and disposal. There is not
currently sanitary sewer near the subject property. In the future as development occurs, sewer extensions will become
available for connection to the development. City water main is also not available to the subject property, but existing
Xenia Rural water main is available to provide water service to the proposed lots. As development occurs to the south,
City water main connections will become available.
Parkland dedication requirements will apply to the project because of its residential nature. The required amount of
parkland is 0.12-acre.
COMPREHENSIVE PLAN
The subject property was not identified in the Imagine Waukee 2040: Comprehensive Plan because the property was not
located within the city limits at the time the plan was developed and adopted. The Comprehensive Plan does identify the
property surrounding the subject property as Single Family Residential. If the subject property would have been included in
the Comprehensive Plan it would have been identified as Single Family Residential on the Future Land Use Map. 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 0.6 units per acre.
The proposed density is less than what the Comprehensive Plan identifies for typical density within the category, however,
the minimal public utilities available in the area suggests that lower density is appropriate.
STAFF RECOMMENDATION
The proposed zoning district is generally 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 the Castle Property.
B & J CLAYTON TRUSTZONING: A-1: AGRICULTURALDISTRICTAREA 'A'9.95 ACV PLACE / N WARRIOR LANE MEREDITH DRIVEWARRIOR 5 LLCZONING: A-1: AGRICULTURALDISTRICTJOHN AND RITA BRCKAZONING: A-1: AGRICULTURALDISTRICTSHADOW CREEK ESTATES LLCZONING: PUDWILLIAM FOX FARM COMPANYZONING: A-1: AGRICULTURALDISTRICTWILLIAM FOX FARM COMPANYZONING: A-1: AGRICULTURALDISTRICTCIVIL DESIGN ADVANTAGE2007.374CASTLE PROPERTY
ENGINEER: JMM TECH:
REVISIONS DATE
WAUKEE, IOWA11 1ST SUBMITTAL 08/24/2020
REZONING MAP
PHONE: (515) 369-4400 FAX: (515) 369-4410
3405 S.E. CROSSROADS DRIVE, SUITE G
GRIMES, IOWA 50111OWNER / APPLICANTZONING REZONING DESCRIPTION - AREA 'A'ADJACENT OWNERSHIP - AREA 'A'VICINITY MAPPROJECTENGINEERCITY OF WAUKEECORPORATE LIMITSCITY OF WAUKEECORPORATE LIMITSMEREDITH DRIVEWARRIOR LANE10TH STREETDOUGLAS PARKWAY2ND SUBMITTAL 10/23/2020
N WARRIOR LN / V AVE STREET AB&J CLAYTON TRUSTDAVID & RITA BRCKAWILLIAM FOX FARM COMPANYWARRIOR 5 LLCSHADOW CREEK ESTATES LLCDRY BOTTOMDETENTIONBASINCASTLE PROPERTY234561CIVIL DESIGN ADVANTAGE2007.374CASTLE PROPERTY
ENGINEER: JMM TECH: CWO
REVISIONS DATE
DALLAS COUNTY , IOWA11 PREPARED 08/24/2020
CONCEPT
PHONE: (515) 369-4400 FAX: (515) 369-4410
3405 S.E. CROSSROADS DRIVE, SUITE G
GRIMES, IOWA 50111
2ND SUMBITTAL 10/23/2020
11/24/2020 View Your Message
https://securemail.smarshbusinesscloud.com/common/read.html?id=1542664185810121420 1/1
This message will expire after December 24, 2020 12:17:53 PM, EST
From:"Kent Porter" <kporter@dfginv.com>
To:Brad Deets <bdeets@waukee.org>
Cc:"'akass@waukee.org'" <akass@waukee.org>
Subject:Proposed Rezoning - Castle Property
Sent:November 24, 2020 12:17:38 PM, EST
Importance:Normal
Attachments: Shadow-Creek-North-Conceptual-Master-Plan_2_090220_C.pdf (4MB)
Shadow Creek North NW Rezoning Map 2020-01-02.pdf (221KB)
All: attachments.zip
Dear Mr. Deets,
I am writing as manager for Warrior 5 LLC., in response to the zoning request put forward by Castle Properties,our neighboring property to the south. As you may recall through our conversations over the years with KevinHenter, a Warrior 5 member, we have interest in preserving our land for potential commercial and mixed useresidential. We believe strongly that this proposal could significantly impair our future development plans. We sit at the intersection facing Clive to our east and Urbandale to our north. It is the intersection of two verysubstantial roads in our community and likely to see significant continued growth in the years ahead. It is ourunderstanding that the intersection will be asphalted in the coming year and that stop lights are in the plan forthis corner. We also anticipate having the large gas line running along our northern border next year. We also understand that last March, Clive approved the rezoning for the Shadow Creek Estates project directlyto our east. This rezoning of 121 acres allows for nearly 5 acres of commercial development in the corner,surrounded by parking and then mixed use residential for 730 units on approximately 35 acres. The additionalacres to the south and east appear to be smaller single family lots for an additional 469 homes. Thiscommercial and dense multi-family area sits directly across the street from both Warrior 5 and CastleProperties. Attached are the most recent maps available to us on line. While we are sympathetic to Castle Property's request, we are concerned that if approved as drawn andproposed, very large lot buyers and likely expensive homeowners today, will have great concerns tomorrow with
our property developing in line with what we see happening in Shadow Creek, and likely to the northern cornersin Urbandale. We recognize that we will need to be patient for the level of utilities necessary for denser zoning, but feel
confident in your abilities to make that happen, and your desire to make the best decisions for the community. We plan on attending the meeting, but are available any time prior for further discussions. Thank you,
Kent Porter, ManagerWarrior 5
515-202-0688 mobile
Smarsh Email Encryption
M MPHASE 2PHASE 1PHASE 2
PHASE 1
PHASE 1PHASE 2MEREDITH DRIVE
N. WARRIOR LANEWESTGATEPARKWAYWESTGATEPARKWAYF
F
F
F
F
F
F
F
F
F
F
F
F
G
G
G
G
G
G
G
G
F
F
F
F
F
F
F
F
F
F
F
F
F
F
F
F
F
F
F
F
G
G
G
GF
G
156 157 158 159
160 161 162 163
155 154
153 152 151
150 149 148 147
164 165 166
167
168
169
170
171
172
173
174
175
187 186 185 184
183
182
181
180
179
178
177
176
188 189 190 191
192
193 194
195
196
197
198
199 1 2 3 4 5 6 7
8 9
10 11 12 13
14 15 16
17
18
19
2021
22
90898887868584838281
101 100 99 98 97 96 95 94 93 92 91
80
79
78
77
76
75 74 73 72 71 70 69 68 67 66 65
64
6362616059585756555453108
107
106
105
104
103
102
23
24
25
26
27
28293031323334
35
36
37
38
39
40
41
4243
44
45
46
47
48
49
50
5152
109
110
111
112
113
114
115
116
117
118
119
120
121
122123
124125126127128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
210
211
212
213
214
215
216
217
218
219
220
221
222
223 224 225 226
227 228
229
230
231
232
233234
235
236
237
238239
240
241
242
243
244
245
246
247
248
249 250
251 252
253
254
255256
257
258
259
260261
262
263 264 265
266
267
268
269
200201202
204
205
206
207208209
203
REZONING
BOUNDARY
REZONING
BOUNDARY CIVIL DESIGN ADVANTAGE1911.570SHADOW CREEK NORTHENGINEER:TECH: REVISIONSDATECLIVE, IOWA11 PREPARED12/06/2019PHONE: (515) 369-4400 FAX: (515) 369-44103405 S.E. CROSSROADS DRIVE, SUITE GGRIMES, IOWA 50111REVISED01/22/2020OWNER / APPLICANT
ENGINEER / SURVEYOR
DEVELOPMENT SUMMARY
REZONING DESCRIPTION
TYPICAL SECTION (WESTGATE PARKWAY)
LEGEND
F
G
TYPICAL SECTION (LOCAL STREETS)CONCEPTUAL MASTER PLAN
M MPHASE 2PHASE 1PHASE 2
PHASE 1
PHASE 1PHASE 2MEREDITH DRIVE
N. WARRIOR LANEWESTGATEPARKWAYWESTGATEPARKWAYF
F
F
F
F
F
F
F
F
F
F
F
F
G
G
G
G
G
G
G
G
F
F
F
F
F
F
F
F
F
F
F
F
F
F
F
F
F
F
F
F
G
G
G
GF
G
156 157 158 159
160 161 162 163
155 154
153 152 151
150 149 148 147
164 165 166
167
168
169
170
171
172
173
174
175
187 186 185 184
183
182
181
180
179
178
177
176
188 189 190 191
192
193 194
195
196
197
198
199 1 2 3 4 5 6 7
8 9
10 11 12 13
14 15 16
17
18
19
2021
22
90898887868584838281
101 100 99 98 97 96 95 94 93 92 91
80
79
78
77
76
75 74 73 72 71 70 69 68 67 66 65
64
6362616059585756555453108
107
106
105
104
103
102
23
24
25
26
27
28293031323334
35
36
37
38
39
40
41
4243
44
45
46
47
48
49
50
5152
109
110
111
112
113
114
115
116
117
118
119
120
121
122123
124125126127128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
210
211
212
213
214
215
216
217
218
219
220
221
222
223 224 225 226
227 228
229
230
231
232
233234
235
236
237
238239
240
241
242
243
244
245
246
247
248
249 250
251 252
253
254
255256
257
258
259
260261
262
263 264 265
266
267
268
269
200201202
204
205
206
207208209
203
REZONING
BOUNDARY
REZONING
BOUNDARY CIVIL DESIGN ADVANTAGE1911.570SHADOW CREEK NORTHENGINEER:TECH: REVISIONSDATECLIVE, IOWA11 PREPARED12/06/2019PHONE: (515) 369-4400 FAX: (515) 369-44103405 S.E. CROSSROADS DRIVE, SUITE GGRIMES, IOWA 50111REVISED01/22/2020OWNER / APPLICANT
ENGINEER / SURVEYOR
DEVELOPMENT SUMMARY
REZONING DESCRIPTION
TYPICAL SECTION (WESTGATE PARKWAY)
LEGEND
F
G
TYPICAL SECTION (LOCAL STREETS)CONCEPTUAL MASTER PLAN