HomeMy WebLinkAbout2019-11-04-H02 Gonnerman Property Rezoning_PH AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: November 4, 2019
AGENDA ITEM: Public Hearing on an ordinance to amend Chapter 169, Zoning
Regulations, District Regulations, City of Waukee, Iowa, by rezoning
and changing certain property therein from A-1 to K-RC, a property
known as the Gonnerman Property
FORMAT: Public Hearing
SYNOPSIS INCLUDING PRO & CON: The applicant is requesting rezoning of
approximately 10 acres of property located north of Ashworth Road and
generally west of Waco Place. The requested rezoning is to allow for an
event venue mainly for purposes of weddings and receptions.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT: The Planning and Zoning
Commission reviewed the request on October 29, 2019 and
recommended approval:
Approval of a Rezoning related to a change from A-1 (Agricultural District) to K-RC
(Kettlestone Retail Community District) [Gonnerman Property]
Development Services Director, Brad Deets, introduced the request for a rezoning for the
development of an events center. The applicant is Brad & Dad, LLC and the owner is Don
Gonnerman. The property is located at 3319 Ashworth Road, just north of Ashworth Road and
west of SE Waco Place, containing approximately 9.74 acres.
Mr. Deets explained that the applicant was unsuccessful in obtaining the 50.1% consent from the
surrounding property owners, but have requested the City Council go ahead and set the public
hearing date. The Council has scheduled the public hearing for November 4, 2019.
Mr. Deets explained that the property currently includes a residence in the southwest corner, but
the remainder of the property is undeveloped. A portion of the northern half of the property is
located within the floodway and includes an existing drainage channel. Mr. Deets stated that the
intersection of SE Waco Place and Ashworth Road is intended to be a major intersection in the
future. Properties to the west have potential for medium density residential. Mr. Deets explained
that the Comprehensive Plan is meant to allow for flexibility. Mr. Deets described the future
street and that there were originally plans to extend a road just north of the subject property, but
that will unlikely happen as it would be hard to construct a road in that location due to the
location of the creek and drainage way in that area.
There was a brief discussion regarding possible access points to Ashworth Road and
street layouts in the general area.
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Commissioner Hoifeldt asked what the land on the south side of Ashworth Road is
zoned. Mr. Deets explained the land to the southeast of the subject property is zoned
residential, but that everything to the west is all zoned and planned for commercial.
There was a brief discussion amongst the Commission about how the development of this
parcel could impact the future development of the corner parcel at Ashworth and Waco.
Commissioner Hoifeldt asked what the City of West Des Moines’ master plan for that
area shows. Mr. Deets explained that they have mostly shown residential in that area, but
that they have also looked at some higher density uses there due to the major roads in the
vicinity.
Brad Brody, 1208 Grand Avenue, West Des Moines, explained that they have received three
surrounding landowners’ consent to the rezoning. Mr. Brody explained that he understands the
push back from the homeowners in that area, as this is the first commercial project to come in
immediately adjacent to them. Mr. Brody described that what they are proposing is a high-end
wedding venue. Decades Event Center is their current wedding venue, but they are looking to
establish a high-end venue. He explained that they plan to build a bridge over the drainage area to
hold ceremonies in the wooded area to the north of the property. He stated that Decades has been
established for three year and is located about 350-feet from the nearest house, and they haven’t
had any issues. They require a uniformed police officer at their events. If neighbor have any
concerns at all, they can voice them directly to him. He explained that all events will end by
11:00 p.m. and the lights would be turned off at the end of the event. He explained that the
wedding venue would be vacant about 60-70% of the time and that most of their business is on
the weekend.
Commissioner Hoifeldt questioned what would happen in the future if Mr. Brody decided
to sell the property. Mr. Brody explained that before they bought the propery, this land
was proposed to be apartments or townhomes. He explained that if he was a neighboring
homeowner he would rather have a property with one owner, rather than multiple people
to deal with. Mr. Brody stated that he respects the neighboring landowners and their
decision to build a house there and he is trying to create something that is as unobtrusive
as possible.
Commissioner Koshy asked what it would take to get that property from the point it is at
now to a wedding venue. Mr. Brody explained that it would probably take about a year,
depending on weather. He said they would like to keep as many trees as possible for the
natural beauty and they would need to remove the existing house and barn on-site.
There was a brief discussion about the floodplain and creek located along the north end
of the property.
Don Gonnerman, owner at 3319 Ashworth Road introduced himself. Dave Little, Buyers Realty,
3101 Ingersoll Avenue, Des Moines, represented Don Gonnerman. Mr. Little explained that Mr.
Gonnerman has owned the property for a long time and that Mr. Gonnerman plans to relocate to
another home. Mr. Little explained that they have tried to address the neighbors’ concerns as
much as possible. He explained that Mr. Gonnerman is in support of the proposed rezoning.
Bill Atcheson, 3307 Ashworth Road, owns the property immediately west of the subject rezoning.
Mr. Atcheson explained that he is not really concerned about the use that they are proposing on
the property, but with the long-term effect of setting a precedent for the area. He is concerned
about Esker Ridge Drive and the future plans of the entire area. Mr. Atcheson explained that he
has worked hard on his house as it exists now. He explained that he is concerned about the types
of buffering to be used. He would like to see a privacy fence or something similar, rather than just
landscaping. He stated that he is concerned about his house being stuck in the middle of
everything. Commission Broderick stated that the Commission would note his concerns and
consider them at the time of site plan proposal.
Mr. Brody stated that he understands Mr. Atcheson’s concerns with privacy. Mr. Brody explained
that if Mr. Atcheson wants a privacy fence, that is what they will do. Mr. Brody said he is willing
to work with them on the plans for the subject property. Mr. Brody explained that the reason they
have a requirement to have a police officer at every event is to prevent possible occurrences from
happening.
Kathy Atcheson, 3307 Ashworth Road, stated that if this property is rezoned to commercial, then
she feels the surrounding properties should also be rezoned to commercial. She stated that she felt
if their property was also rezoned to commercial, then the value of their property would be
increased, making it easier for them to sell. Commissioner Koshy asked Mrs. Atcheson to clarify
that what she would prefer is to have all of the adjacent residential properties to also be rezoned
to commercial. Mrs. Atcheson explained that she has not consulted with a real estate agent at this
time, but that she thinks it might make more sense to have that entire area be rezoned to
commercial, rather than just the one lot. She also explained that she would prefer a senior living
development for the are, if it does not get rezoned to commercial.
Dave Little, now representing Bill Day, 3293 Ashworth Road, explained that they are working
with a prospective buyer today on Mr. Day’s 9.25-acre parcel, with a possible rezoning to
commercial.
Commissioner Tietz asked Mr. Deets to clarify if they received over 50% of consent for the
rezoning. Mr. Deets stated that no they did not.
Chris Marshall, 3321 Ashworth Road, owner of the house on the corner of SE Waco Place and
Ashworth Road, asked if the subject property would be able to hook up to the sewer line located
along the creek to the north. Mr. Deets stated that, yes, they would get their connection from the
north. Mr. Marshall asked if the parking lot lights would be on every night until 11 p.m. or only
during an event. Mr. Brody explained that they would only be on during an event. Mr. Marshall
expressed his concern with erosion into the pond on his property.
There was minor discussion about what the future road alignment in the area might look like. Mr.
Deets explained that the Commission’s recommendation will go to City Council on November 4,
2019.
Commissioner Koshy moved to approve the rezoning related to a change from A-1 (Agricultural
District) to K-RC (Kettlestone Retail Community District) [Gonnerman Property]. The motion
was seconded by Commissioner Tietz. Ayes: Ward, Tietz, Broderick, Hoifeldt and Koshy. Nays:
None. Motion Carries.
STAFF REVIEW AND COMMENT: The City Council has previously adopted the
Kettlestone Master Plan. The Master Plan for this property shows a
medium density multi-family product as the proposed land use. The
Kettlestone Master Plan was designed to be flexible in uses based upon
demand and the market.
The proposed use and requested rezoning certainly could be a viable use
for the property based upon its location along Ashworth Road as well as
the long term traffic anticipated along Waco Place.
Staff does believe, however, that the commercial use would have an
impact on future development of surrounding property in the fact that the
whole area would then be more suitable for commercial instead of
residential. It would be staff’s position that if the proposed rezoning
proceeds forward that staff would work with the original consultant on
the project and the adjoining neighbors to revise the master plan in this
area to provide a suitable commercial option in lieu of multi-family
residential.
RECOMMENDATION: Hold the Public Hearing
ATTACHMENTS:
I. Staff Report
II. Rezoning Map
III. Concept Plan
PREPARED BY: Brad Deets
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION: Dallas County News
DATE OF PUBLICATION: October 24, 2019
PLANNING AND ZONING COMMISSION STAFF REPORT
PROJECT: Gonnerman Property Rezoning PREPARED BY: Brad Deets, Development
Services Director
REPORT DATE: October 25, 2019
MEETING DATE: October 29, 2019
GENERAL INFORMATION
Applicant: Brad & Dad, LLC
Owner:
Don Gonnerman
Owner’s Representative:
Brad Brody
Request: The applicant is requesting approval of a rezoning
from Agricultural to Kettlestone Retail Community for
purposes of the development of an events center.
Location and Size: Property is located at 3319 Ashworth Road and
contains 9.74 acres more or less.
AREA MAP
ABOVE LEFT: Aerial of Property identifying the proposed rezoning (outlined in RED).
October 25, 2019
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LAND USES AND ZONING
Location Existing Land Use Kettlestone Master
Plan
Current Zoning
Property in
Question
Existing residence Medium Density Multi-
Family
A-1 (Agricultural District)
North Vacant –
Undeveloped
Rowhouse K-MF-ROW (Kettlestone Rowhouse
District)
South Residence/Vacant Medium Density Multi-
Family
A-1 (Agricultural District)
East Residences Medium Density Multi-
Family
A-1 (Agricultural District)
West Residence Medium Density Multi-
Family
A-1 (Agricultural District)
BACKGROUND
The subject property is located on the north side of SE Ashworth Road and just west of SE Waco Place. Today, the
property includes a residential property in the southwest corner of the property. The remainder of the property is
undeveloped. The total property includes approximately 9.74 acres. A portion of the northern half of the property is
located within the floodway and includes an existing drainage channel.
The applicant has submitted a rezoning request to rezone the property from A-1 (Agricultural District) to K-RC
(Kettlestone Retail Community District) with the intent of developing the property for an events center, which is a
permitted use under the proposed zoning district. The applicant was unsuccessful in obtaining the 50.1% consent from
the surrounding property owners in order to automatically set a public hearing date. The City Council, upon request,
set the public hearing date in lieu of the consent as is permitted within the Zoning Ordinance. It should be noted that
setting a public hearing date in no way indicates how the City Council will vote on the proposed rezoning. Rather,
setting the public hearing date allows the process to begin. Notification to adjacent property owners was mailed on
October 22, 2019. To date, staff has not received any formal correspondence either for or against the proposed
rezoning. A public hearing date before the City Council has been scheduled for November 4, 2019 to further discuss
this rezoning request.
PROJECT DESCRIPTION
The applicant has provided a concept plan of the proposed development as a part of the rezoning request. The
applicant has proposed construction of an events center on the property. Access would be provided off of Ashworth
Road. To the north of the building, the concept plan identifies a large grassed area for outdoor events as well as a large
detention pond. The area north of the drainage way is anticipated to be left in its existing natural state.
Staff has indicated that a 30 foot landscape buffer will be required along the east and west property lines to buffer the
use to the adjacent existing residential properties. The landscape buffer will require a minimum number of plantings
consistent with the Zoning Ordinance. There are several existing mature trees along the east side of the property. The
developer will need to work towards saving as many of the good trees as possible which will allow for a reduction in the
number of new trees along the eastern boundary.
October 25, 2019
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It is anticipated that a trail will extend along the drainage way in the future and connect back to the west to the existing
City ponds located north of Holmes Murphy. A public trails easement will need to be established as a part of the
platting and site plan process.
KETTLESTONE MASTER PLAN (COMPREHENSIVE PLAN)
The Kettlestone Master Plan has designated the subject property as medium density multi-family development.
While the proposed use for the property is inconsistent with the currently identified land use, the Kettlestone
Master Plan was designed to be flexible to allow for some swapping of land uses provided the overall intent,
mix and density of the land uses remain consistent with the original plan. While the property to the west of
the subject property could still be developed long-term as medium density multi-family, the proposed rezoning
request more than likely will have an impact on how the adjoining property to the east could be developed in
the future. Due to the size and configuration of the property to the east it would be anticipated that some
type of commercial use would be more appropriate for redevelopment of the property in the future if this
proposed rezoning request and development moves forward.
Long term, Waco Place is intended to be a major collector which could carry as many as 15,000 vehicles per
day. Additionally, it is anticipated in the future as the area continues to develop that a traffic signal would be
installed at the intersection of Ashworth Road and Waco Place. Based upon potential traffic, it is certainly
conceivable to think that the adjoining properties to the east could develop with more of a commercial land
use in the future.
STAFF RECOMMENDATION
The Kettlestone Master Plan was designed to flexible related to land use. Staff believes that with the appropriate buffers
and consideration for the existing homes along Ashworth Road and Waco Place today, that the proposed use would be
suitable for the site.