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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. H2  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 2 of 3 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 3 of 3 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.