HomeMy WebLinkAbout2017-09-05-H01 Bravo Real Estate Rezoning_PH AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: September 5, 2017
AGENDA ITEM: Consideration of approval of an Ordinance to amend Chapter 301, Zoning
Ordinance, City of Waukee, Iowa, by rezoning and amending certain property
from A-1 to M-1 and PD-1, a property known as Bravo Real Estate,
LLC.[introduction, first reading]
FORMAT: Public Hearing
SYNOPSIS INCLUDING PRO & CON: The applicant, Bravo Real Estate, LLC is requesting
rezoning of approximately 2,100 acres of property from A-1 Agricultural
District to M-1 Light Industrial District/PD-1 Planned Development Overlay
to facilitate the development of a data center project.
The M-1 zoning district defines the allowable uses on the property while the
PD-1 overlay district defines the minimum requirements that are modified
from the standard requirements within the M-1 zoning district.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT: The Planning and Zoning Commission
reviewed the request at their meeting on August 31, 2017 and recommended approval:
Approval of a Rezoning related to a Change from A-1 (Agricultural District) to M-1
(Light Industrial District) and PD-1 (Planned Development Overlay District) [Bravo
Real Estate]
Mr. Deets explained that the rezoning map identified 2100 acres west of T Avenue north and
south of Hickman Road. The land owners with in a 200 foot boundary were notified by mail.
The subjected property completed the annexation process last week setting the newly annexed
property to the default A-1 zoning. At this time, the applicant is requesting a new zoning of
M-1 and PD-1. The Planned development is in place to identify specific characteristics of the
proposed project such as developer agreements and landscape buffer and screening
requirements.
Mr. Deets advised that the applicant has reached agreement with most of the land owners, and
the existing property owners have agreed to the rezoning dependent upon the sale of land.
Any property that does not complete the sale of land will remain under the A-1 Zoning. This
stipulation is per parcel and would not modify surrounding parcels.
Mr. Deets stated that the applicant provided a concept plan identifying two 200,000 square
foot buildings north of Hickman road as well as a logistic warehouse building and several
smaller security structures. The Concept Plan also identifies a Mid-American Substation. The
Planned Development Overlay would aid in parking stipulations to allow more greenspace as
the current ordinance requirements are not meant for this type of development and would
require an excessive amount of pavement. Currently there are no further plans for other
portions of the property in question.
Mr. Deets reminded those in attendance that this is only a concept drawing and that no site or
engineered plans have been submitted. The application is for the entire area, while the concept
plan is a small portion of it. This is a general overview for the rezoning request, the remainder
property, to staff knowledge, would be maintained as farmland until future development
occurs.
Commissioner Hoifeldt questioned what the plan was for what is marked as a future
western bypass. Mr. Deets advised that it was intended to be a second loop of
highway, however, at the regional level, plans have changed as several communities
would be unable to realign streets to match the bypass extension to the north. The
Metropolitan Planning organization has advised it will, more than likely, be further
west if developed. Mr. Deets also advised that the decisions made today and an update
to the road network will be added to the new Comprehensive Plan currently set to be
completed in 2018.
Commissioner Hoifeldt questioned if there was still an agreement with Adel to not
annex past R-16. Mr. Deets advised there is a Moratorium between Adel and Waukee
that specifies that stipulation. It is set to expire in 2021, at which time the cities will
decide whether to extend the agreement.
Commissioner Hoifeldt questioned if T Avenue, S Avenue, and 280th Street will be
paved. Mr. Deets advised that there are some public infrastructure improvements that
will be needed. Currently the access point for the project is proposed off of S Avenue.
The paving of T Avenue, 280th Street, and 300th Street will be City Projects, paid for
by portions of the revenue from this project, however they are improvements that are
not required in order to develop this project.
Commissioner Schmidt questioned if there would be any growth to the North. Mr.
Deets advised that the agreement is for the first two buildings, but that future
development is anticipated on other property within the area set for rezoning.
Commissioner Hoifeldt stated that two property owners have not agreed to the
rezoning. Mr. Deets advised that anyone can request a rezoning, however 50% of all
effected property owners must consent to the rezoning. We have exceeded the 50%
mark, however, we are still waiting on some paperwork from the listed property
owners.
Commissioner Stonebrook questioned the benefits to the city by rezoning the subject
property and not just the portion that is within the concept plan. Mr. Deets explained
that it is the request that was submitted. The applicant is making a significant
investment and would like to secure zoning and property rights for future
development.
Commissioner Streit asked for clarification on the rezoning stipulation. Mr. Deets
reiterated that the rezoning is contingent upon completion of the sale of the property to
the applicant. The properties will be maintained as A-1 if they choose not to sell.
Commissioner Broderick questioned if there were any correspondences for or against
the rezoning. Mr. Deets advised that Staff had no knowledge of written or email
correspondences submitted for or against the rezoning.
Commissioner Broderick questioned if the adjacent land owners were the same as the
owners of the land currently within the area to be rezoned. Mr. Deets advised that
there are a few owners that have property both within and adjacent to the requested
rezoning, but a majority of the adjacent land owners are different from those currently
a part of this rezoning request.
Commissioner Streit asked if there was an anticipated timeline for construction. Mr.
Deets advised that the applicant hopes to close by end of year and be back in front of
the commission with a site plan by the first quarter of 2018 with an anticipated
construction start time of late spring 2018.
Steve Diamond of Adel questioned what the red line on the notice of rezoning meant.
Mr. Deets advised that was the marker showing the properties within a 200 foot radius
that would need to receive notification that the land near them had a request to be
rezoned.
Doug Dawson of T Avenue questioned the buffer zone and how it would affect his
property should he want to sell. Mr. Deets advised that the “rezoning Buffer” eluded to
the 200 foot radius that would need to receive the notice of rezoning. The actual
landscape buffer would be to the west of T Avenue and only on the applicant’s
property bordering any residential locations and streets.
Alan Bergman of Waukee questioned what the living conditions would be if they were
to choose to not sell in regards to noise and traffic. Mr. Deets advised that there is a
separation between the end of residential property lines and where building could take
place, however, it is staff’s understanding, that it will have minimal access points for
security. In terms of traffic, there should be a minimal impact on 280th Street, as the
access will be off of S Avenue. In terms of Noise, the Applicant has stated that they do
not anticipate the need of backup generators.
Mr. Bergman also questioned about the impacts of public improvements. Mr. Deets
advised that there will be water run to the area along Hickman Road and T Avenue.
Any property adjacent to the water lines and within the City Limits can apply to
connect to the City water. Sewer extension will be done with the northwest trunk
sewer that will be extended to T avenue and then further north and west on 280th street
with future development not dependent on this project.
Mr. Bergman also questioned if adjacent farms and businesses would be allowed to
function with no disruption. Mr. Deets advised that adjacent property owners should
experience no impact with the development of this project.
Commissioner Streit questioned if 280th Street aligned with Douglas Avenue. Mr.
Deets advised that the end points, in reference to Hickman Road, were similar. There
is a future intent to extend the roads to meet.
Joel Jensen who owns a farm west of R-16 questioned what the CEO of Apple meant
by 100% renewable energy, if there would be wind farms added. Mr. Deets advised
that Staff was not aware of any wind farms being constructed on this location. The
agreement is that Mid-American will continue to build wind turbines and other
methods of energy in the same amount of the energy used by this project.
Commissioner Streit clarified that the City had restrictions for wind turbines, and Mr.
Deets advised that the City currently was not set up to allow a Wind Farm within the
current ordinances.
Mr. Jensen also advised that S Avenue seemed like it should be paved if it was going
to be used for construction. Mr. Deets advised that Staff shared the same concerns and
a portion would be paved for construction.
Commissioner Broderick moved to approve the request for a rezoning related to a change
from A-1 (Agricultural District) to M-1 (Light Industrial District) and PD-1 (Planned
Development Overlay District [Bravo Real Estate]. Commissioner Streit seconded the motion.
Ayes: Stonebrook, Streit, Broderick, Hoifeldt, and Schmidt. Nays: None. Motion Carries.
STAFF REVIEW AND COMMENT: Staff would recommend holding the public hearing.
RECOMMENDATION: Hold the Public Hearing
ATTACHMENTS: I. Staff Report
II. Rezoning Map/Notification Chart
III. Concept Plan
IV. Conceptual Renderings
PREPARED BY: Brad Deets
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION: Dallas County News
DATE OF PUBLICATION: August 24, 2017
STAFF REPORT
TO: Planning and Zoning Commission PREPARED BY: Brad Deets
RE: Bravo Real Estate – Proposed Rezoning
DATE: August 31, 2017
GENERAL INFORMATION:
Applicant: Bravo Real Estate (applicant)
Various Individuals (property owners)
Requested Action Rezoning Approval
Location and Size: Property is generally located both one mile north
and one mile south of Hickman Road and west of
T Avenue containing approximately 2,100 acres
more or less.
LAND USES AND ZONING:
Location Existing Land Use Comprehensive Plan Current Zoning
Property in Question Agricultural Employment A-1
North Agricultural Neighborhood Residential N/A (Dallas County)
South Agricultural Neighborhood Residential N/A (Dallas County)
East Agricultural Employment/
Neighborhood Residential
A-1
West Agricultural Neighborhood Residential N/A (Dallas County)
BACKGROUND:
The subject property involved in the proposed rezoning is located west of T Avenue and both north and
south of Hickman Road (Highway 6). The property is bordered to the south by 300th Street (future University
Avenue) and to the north by 280th Street (future Douglas Parkway). The subject property is a part of a larger
area that was recently annexed into the City of Waukee. Notice that the annexation was complete was
provided earlier this week. The applicant, Bravo Real Estate, is requesting approval of a rezoning of the
property from A-1 Agricultural District to M-1 Light Industrial District and PD-1 Planned Development
Overlay. The Planned Development Overlay is being provided to further define the use of the property for
the development of a Data Center and associated uses/facilities.
The applicant, Bravo Real Estate, currently has purchase agreements in place with the 16 indivi dual property
owners involved with the proposed rezoning. As of the date of writing this staff report, staff has received the
petitions to rezone the property from 14 of the 16 individual property owners. Staff anticipates having the
remaining 2 property owner petitions prior to the Commission Meeting on August 31st. Regardless, the
applicant has met the requirements of the City Code which stipulates that a petition to rezone property shall
be signed by the owners of 50% of the real estate included within the proposed rezoning petition.
August 29, 2017
2 of 3
Signs regarding the proposed rezoning were placed adjacent to all public streets surrounding the rezoning on
Thursday, August 24, 2017. Notification letters to the property owners involved in the proposed rezoning
along with property owners located within 200 feet of the rezoning boundary limits were also mailed on
Thursday, August 24, 2017. To date, staff has received general inquiries regarding the rezoning request but
has not received any correspondence either for or against.
ABOVE: Rezoning Boundary Map
PROJECT DESCRIPTION:
On Thursday, August 24, 2017, Apple Inc. announced plans for the development of a $1.3 billion data center in
Waukee. The proposed project consists of the development of two 200,000 square foot data center buildings
along with a logistics building as a part of Phase I of the development. The Phase I development is proposed
to be located north of Hickman Road between S Avenue and T Avenue. The proposed rezoning consists of all
the land that is proposed to be purchased by Bravo Real Estate acting on behalf of Apple Inc. No plans have
been proposed for any additional development beyond Phase I as proposed, however, the land in question
would allow for future expansion and growth of the Apple Data Center campus.
A general concept plan has been provided which identifies the location of the Phase I improvements. Access is
anticipated to be provided to the site off of S Avenue. At this time, no access is anticipated off of Hickman
Road (Highway 6). Both water and sanitary sewer are proposed to be extended to service the site. Water
will be provided from Hickman Road with another line intended for redundancy to be constructed along 300th
Street (University Avenue) and north on T Avenue. Sanitary Sewer is being extended from Phase 3 of the
North Sanitary Sewer Outfall project that is currently under construction north of 300th Street (University
August 29, 2017
3 of 3
Avenue) and west of Waukee Public Works. The sanitary sewer will continue to be extended westward to T
Avenue and then north along T Avenue.
The proposed underlying zoning of the property is M-1Light Industrial. The M-1 Zoning District includes the
specific permitted use as follows:
Research and Technology businesses such as laboratories, data centers, call centers, and information
technology support and supply which may require a combination of office and flex space to
accommodate storage, warehousing or testing.
The proposed development of the Apple Data Center is consistent with this permitted use.
In addition to the underlying zoning district of M-1 Light Industrial, a Planned Development Overlay has been
prepared which further defines the use as well as provides adjustments to the M-1 zoning district due to the
uniqueness of the specific project.
Specifically, the proposed Planned Development Overlay provides specifics related to parking requirements
and bulk regulations that are unique to the specific type of development. In addition, the Planned
Development Overlay defines the minimum requirements for landscaping and buffering adjacent to the site.
Specifically, the Planned Development Overlay requires a minimum 50 foot landscape buffer surrounding the
site. Within the 50 foot landscape buffer, a minimum 5 foot tall earthen berm will be required. The Planned
Development document further defines the minimum requirements for overstory, ornamental and evergreen
trees required within the buffer.
As a part of the Planned Development Overlay document, general renderings of the proposed data center
have been included, however, it should be noted that the applicant will be required to meet the minimum
building and architectural requirements as defined within the zoning and site plan ordinances.
STAFF RECOMMENDATION
At this time, staff finds the rezoning application complete. The proposed use is consistent with the
recommended changes to the 2008 Comprehensive Plan and the provisions within the Planned Development
Overlay are appropriate and conducive to protecting the health, safety and general welfare of the public and
surrounding property owners. Staff would recommend approval of the proposed rezoning.
CITY OF WAUKEE
Brad Deets, AICP
Development Services Director
15
15
15
15 15
14 14
14 14
16 16
16 16
14
13
11 11 11
11
11
1111
17 17
17 17
17 17
15
17 17
11
13
10
10
12
99
22
2
2
7
7
8
7
7
6
5
5 4 41
2 2
11
35
38
5
20
21
21 1 2322
1
24
2
27
25
26
28
29
29
2932
11
30
31
31 19
19
32
32
1333
348
8
35
36
37
15
6
6 6 6
6
19
403939
18
19
19
24
24
33 33 33
18 18 18
3
ADEL WAUKEE
US 6
T AVE.300th ST.
US 6 290th ST.
280th ST.
303rd PL.CH R16 R AVE.RICHLAND PL.S AVE.U AVE.CH R16 R AVE.CH R16 R AVE.T AVE.S AVE.PROJECT NO. 2751-1400AUGUST 23, 2017
VEENSTRA & KIMM, INC.
0 1,200 2,400600
Feet
-1" = 1200'
Project Rezoning Boundary
200 Ft. Rezoning Buffer
THE PROJECTREZONING BOUNDARYWAUKEE, IOWA
Map
Number Name of Property Owner Legal Description of Property Mailing Address
Total Area of Property
Inside rezining
boundary (s.f.)
Square Footage within
200' of rezoning
% of Total Square
Footage within 200'
of rezoning
1 BRUCE E. KUEHL MARITAL TRUST N 1/2 NE 1/4
SEC 30-79-26
c/o Robert Manning
27099 U Avenue
Waukee, IA 50263
3,343,230 352,458 3.0%
2 HUGHES FAMILY LIMITED
PARTNERSHIP
S 1/2 NE 1/4 AND SE 1/4 AND PT SW 1/4
SEC 30-79-26
15204 Clearview Ln
Urbandale, IA 50323 10,291,050 264,000 2.3%
3
JAMES D. KELLER AND PAMELA K.
KELLER
REVOCABLE TRUST
PT E 1/2 NW 1/4
SEC 30-79-26
25306 U Ave
Waukee, IA 50263 994,039
4 RASER, RAYMOND C. AND GAIL M.PT NE 1/4 NW 1/4
SEC 30-79-26
914 San Pasqual Rd
Escondido, CA 92025 870,764
5 RASER FAMILY TRUST PT NW 1/4
SEC 30-79-26
914 San Pasqual Rd
Escondido, CA 92025 3,212,550
6 BARRETT, THOMAS G. AND JUDY A.S 45 AC S frl 1/2 NW frl 1/4
SEC 30-79-26
27690 S Ave
Dallas Center, IA 50063 1,938,420 1,350,000 11.5%
7 RALPH C. COPELAND TRUST PT SW 1/4
SEC 30-79-26
c/o Jim Copeland
28291 Hwy 6
Waukee, IA 50266
6,675,570
8 MIDAMERICAN ENERGY COMPANY PARCEL A SE 1/4 SW 1/4
SEC 30-79-26
PO Box 657
Des Moines, IA 50303 304,920 310,600 2.7%
9 D. MEROLD YATES REV. TRUST
S. SUZANNE YATES REV. TRUST
NE 1/4 NW 1/4 AND NE 1/4 NE 1/4
SEC 31-79-26
901 Rhymer Dr
Normal, IL 61761 2,735,132
10 WALNUT TOWNSHIP CENTURY FARM
LLC
PT NE 1/4
SEC 31-79-36
c/o Terry Morris
9309 Monticello Dr
Granbury, TX 76049
3,152,437
11 KOETHEM, LEMAR
PT SEC 31-79-26 AND
NE 1/4 SE 1/4
SEC 36-79-27
6000 Douglas Ave Suite 210
Des Moines, IA 50322 11,893,186 204,800 1.7%
12 M&J FARMS LLC SW 1/4 NE 1/4
SEC 31-79-26
2321 Buchanan Dr
Ames, IA 50010 1,742,400
13 HOWARD WILSON REV. TRUST PT N 1/2 SE 1/4 SEC 31-79-26 AND
PT S 1/2 SE 1/4 SEC 36-79-27
900 Maple St
Waukee, IA 50263 5,488,560 234,800 2.0%
14 CITY OF WAUKEE NW 1/4 SE 1/4 AND SW 1/4
SEC 36-79-27
230 Hwy 6
Waukee, IA 50263 8,374,410
15 HERR, WARREN L.
PT E 1/4 SEC 35-79-27 AND
S 1/2 NE 1/4
SEC 25-79-27
27781 Highway 6
Waukee, IA 50263 8,079,944 661,778 5.6%
16 STRATEGIC LAND MANAGEMENT, LLC NW 1/4
SEC 36-79-27
Ruth Ames
3630 Road F, NE
Moses Lake, WA 98837
6,262,185
17 WITTERN LIMITED LIABILITY
GENERAL MANUFACTURING CO
NE 1/4 SEC 36-79-27 AND
PT SE 1/4 SEC 25-79-27
c/o Misty Wittern
8040 University Blvd
Clive, IA 50325
12,412,857
18 DALLAS COUNTY CONSERVATION
BOARD
STRIP ADJOINING NORTH R-O-W
HIGHWAY 6 IN
SEC 26-79-27
SEC 25-79-27
SEC 30-79-26
14581 K Ave
Perry, IA 50220 368,524 232,900
Map
Number Name of Property Owner Legal Description of Property Mailing Address
Total Area of Property
Inside rezining
boundary (s.f.)
Square Footage within
200' of rezoning
% of Total Square
Footage within 200'
of rezoning
19 FELT FARMS LLC PT E 1/2 SW 1/4
SEC 25-79-27
26991 Hwy 6
Adel, IA 50003 1,301,792 11.1%
20 EASTLAKE COMPANIES PARCEL A NW 1/4 NW FRL 1/4
SEC 30-79-26
914 San Pasqual Rd
Escondido, CA 92025 203,884 1.7%
21 HOOPER, JOHN AND MICHELLE PT SE 1/4 SW 1/4
SEC 19-79-26
28309 280th Pl
Waukee, IA 50263 264,000 2.3%
22 EBY, CARRIE AND MATT PT SW 1/4 SE 1/4
SEC 19-79-26
28657 280th St
Waukee, IA 50263 100,000 0.9%
23 BULL RUN HOLDINGS LLC PARCEL BB S 1/2 SE 1/4
SEC 19-79-26
12119 Stratford Dr Suite B
Clive, IA 50325 77,290 0.7%
24 WILLIAM FOX FARM COMPANY PT SW 1/4 SW 1/4 SEC 20-79-26
W 1/2 NW 1/4 SEC 29-79-26
c/o Linda Manning
27099 U Ave
Waukee, IA 50263
568,000 4.8%
25 DAWSON, DOUGLAS ALAN AND
PATRICIA N.
N300' W726' SW 1/4 SW 1/4
SEC 29-79-26
28764 T Ave
Waukee, IA 50263 60,000 0.5%
26 CASEY, MARK K. AND KATHERINE A.S300' N600' W726' SW 1/4 SW 1/4
SEC 29-79-26
28834 T Ave
Waukee, IA 50263 60,000 0.5%
27 WAUKEE T AVENUE, LLC PT SW 1/4 SW 1/4
SEC 29-79-26
1705 S 42nd St
West Des Moines, IA 50265 144,000 1.2%
28 WAUKEE CHRISTIAN CHURCH N466.7' E496.7' NE 1/4 NE 1/4
SEC 31-79-26
29043 T Ave
Waukee, IA 50263 159,429 1.4%
29 LEACH FAMILY FARMS INC
W 1/2 NW 1/4 AND
NW 1/4 SW 1/4
SEC 32-79-26
Farmers National Company
PO Box 542016
Omaha, NE 68154
720,920 6.2%
30 KRISTERIN MANAGEMENT CORP PARCEL A SE 1/4 SE 1/4
SEC 31-79-26
2976 132nd Ct
Urbandale, IA 50323 117,800 1.0%
31 FELT, JANET M.W20.25AC SW 1/4 SE 1/4 SEC 31-79-26
GOVERNMENT LOT 4 SEC 1-78-27
75405 - 240th St, Apt 132
Albert Lea, MN 56007 282,650 2.4%
32 KATHRYN A. LLEWELLYN
LIVING TRUST
PT SW 1/4
SEC 31-79-6
825 Walnut St
Waukee, IA 50263 1,481,520 12.6%
33 DYMOND, REBECCA M.
DYMOND, STEVEN D.
PT GOV LOTS 1, 2, 3 AND 4
SEC 3-78-27
416 N 11th Pl
Adel, IA 50003 964,368 8.2%
34 HUNTER, JOHN EDWARD AND
ROSA LINDA
E414.16' N525.88'
GOV LOT 3
SEC 3-78-27
27496 300th St
Adel, IA 50003 82,832 0.7%
35 COLLINS, ROBERT E.
CAROLYN COLLINS TRUST
PT N 1/2 SE 1/4
SEC 35-79-27
29903 Prospect Cir
Adel, IA 50003 752,000 6.4%
36 SHARON L. POWELL LIVING TRUST
E353' N367'
NW 1/4 SE 1/4
SEC 35-79-27
1054 Belle Mar Dr
West Des Moines, IA 50266 40,000 0.3%
37 MAC-CLAR FARM, LLC SW 1/4 NE 1/4
SEC 35-79-27
Louise C Hobbs
PO Box 1284
Issaquah, WA 98027
264,000 2.3%
38 WELTER, JOSEPH E. AND CLAIRE
S390' N440' W262'
NE 1/4 NE 1/4
SEC 35-79-27
29024 R Ave
Adel, IA 50003-8562 50,000 0.4%
39 RIVER FARMS, LC
PARCEL A AND PARCEL B
S 1/2 SE 1/4
SEC 26-79-27
PO Box 277
Adel, IA 50003 255,424 2.2%
40 FELT, DAVID L. AND JENNIFER A.PARCEL A SW 1/4 SW 1/4
SEC 25-79-27
26991 Highway 6
Adel, IA 50003 103,400 0.9%
41 BERGMAN, ALLEN P. AND SANDRA N.
PARCEL B AND PARCEL CC
NE 1/4 NW 1/4
SEC 30-79-26
28406 280th St
Waukee, IA 50263 56,070 0.5%
TOTAL AREA W/IN 200'
11720715
(80