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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