HomeMy WebLinkAbout2017-11-20-H01 Fridley Palms Rezoning Ordinance_PH AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: November 20, 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 C-1 to C-1B/PD-1, a property to be known as Fridley Palms Theater.
[introduction, first reading]
FORMAT: Public Hearing
SYNOPSIS INCLUDING PRO & CON: The applicant, Fridley Properties, LLC is requesting
approval to rezone approximately 15.16 acres from C-1 Community and
Highway Commercial District to C-1B Large Scale Commercial District. The
purpose for the rezoning request is due to the size of the building. The C-1
Zoning District restricts individual buildings to no larger than 50,000 square
feet. The proposed building is approximately 66,000 square feet.
In addition to the change in the underlying zoning district, the applicant has
also requested a Planned Development Overlay be established on the property.
The proposed theater will include an IMAX component. Due to the height of
an IMAX screen, a portion of the proposed building would be taller than that
allowed under the C-1B zoning district. The proposed Planned Development
Overlay specifically addresses height restrictions as well as provisions related
to signage specific to the proposed theater project.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT: The Planning and Zoning Commission
reviewed the request at their meeting on November 14, 2017 and recommended approval:
Approval of a Rezoning related to a Change from C-1 (Community and Highway Service
Commercial District) to PD-1 (Planned Development Overlay District) / C-1B (large Scale
Commercial District) [Fridley Palms Theater]
Senior Planner, Andy Kass, introduced the request for a rezoning made by the applicant Fridley
Properties, LLC. The Subject Property is generally located north of Hickman Road between NE
Dartmoor Drive and NE Westgate Drive, containing approximately 15.16 acres. The applicant has
submitted the necessary petition and consent to the proposed rezoning with an approximate 66% of the
surrounding properties submitting consent to the rezoning. To date staff has received correspondence
from one adjoining property owner related to concerns with traffic.
A conceptual development plan has been provided indicating 4 lots ranging in size from 1.3 acres to 9
acres. 3 of those lots would be considered out parcels for commercial development with the northern
most parcel holding the theater and associated parking. As a part of the development NE Venture
H1
Drive would be constructed as a public street and be extended between NE Dartmoor Drive and NE
Westgate Drive. There will be no additional access off of Hickman Road, access to the theater lot is
proposed off of Westgate Drive and Venture Drive, with the anticipation that traffic from the theater
development will flow both to Westgate Drive and Dartmoor Drive, both of which have traffic signals
at the intersection with Hickman Road.
The development plan identifies the construct of an approximately 65,000 square foot theater on the
west half of the lot with parking to the east. The proposed theater is intended to include a total of 15
screens including an IMAX theater. The proposed Planned Development Overlay is intended to deal
with some of the unique aspects of the building due to the IMAX theater component. With the Planned
Development Provisions the zoning would allow for a maximum height of the building to be increased
from 40 feet to 75 feet, due to the IMAX portion of the theater project. The planned Development
document also addresses certain signage requirements that would allow individual letters to be a
maximum of 8 feet tall instead of 6 feet and would also allow for signage on the south elevation of the
building to be calculated at 1.5 times the linear footage in order to keep the signage in scale with the
size of the building. As stipulated, the planned development document includes provisions for a sign
that would be allowed, in lieu of any monument sign on the development, which would be similar in
size and scale to the “century” sign that is located at Jordan Creek Town Center.
At this time Staff is comfortable with the proposed site plan and would recommend approval of the site
plan subject to any remaining staff comments and review of legal documents
Commissioner Hoifeldt questioned if the Fire Department had reviewed the plans and found
their equipment adequate to handle the 75 foot height. Mr. Kass advised that the Fire
department has been consulted and believes the height should not be a problem.
Commissioner Streit questioned what the staff thought about the traffic concern. Mr. Kass
advised that there should not be a traffic concern, Hickman, Dartmoor, and Westgate are all
arterial roads meant for heavier traffic with lighted intersections. The segments of these streets
near the property, and on all of NE Venture drive will be no parking.
Commissioner Tietz questioned if there were two access points for the complex, two off of
venture and two off of Westgate. Mr. Kass advised that was correct and more than likely was
required for service and emergency access.
Commissioner Hoifeldt questioned if the parking lot between this project and the church to the
north were connected. Mr. Kass advised that yes it was anticipated to have a connection
between the two lots. It was a request made by the church and accepted by the applicant.
Commissioner Streit questioned how parking was figured for a project like this. Mr. Kass
explained that this would typically be a per seat basis ordinance for performing arts spaces,
however, staff and the applicant have decided on a square footage basis rather than seats as it
offered more parking. At this point there are more parking spaces than seats in the plan.
Commissioner Tietz questioned what the green space would be intended for, Mr. Kass advised
it would more than likely be used for detention area.
Commissioner Hoifeldt questioned if Staff had any concerns regarding the connection with the
church or the Height. Mr. Kass advised that the connection could be signed to not be used as a
drive- but doubted it would get much use considering the entrance for the church is off of
Westgate. A representative for the applicant, Russell Vanorsdel, provided a clarification that
the height was more to accommodate the building, which is currently only 68 feet tall, and
provide a flex space for an architectural parapet and the hvac units.
Commissioner Fontenot asked for clarification regarding the additional three lots. Mr. Kass
advised those would not be under the planned development overlay, just as the C1-B. They are
more than likely for individual commercial development with the chance of individual owners,
though the land is currently owned by the theater.
Commissioner Hoifeldt moved to approve a rezoning related to a change from C-1 (community and
highway service commercial District) to PD-1 (planned development overlay district)/C1-B (large
Scale Commercial District) [Fridley Palms Theater. The motion was seconded by Commissioner
Streit. Ayes: Stonebrook, Fontenot, Streit, Hoifeldt, and Tietz. 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
III. Concept Plan
PREPARED BY: Brad Deets, Development Services Director
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION: Dallas County News
DATE OF PUBLICATION: November 2, 2017
STAFF REPORT
TO: Planning and Zoning Commission PREPARED BY: Brad Deets
RE: Fridley Palms – Rezoning Request
DATE: November 14, 2017
GENERAL INFORMATION:
Applicant: Fridley Properties, LLC
Requested Action
Rezoning of Property from C-1 (Community
and Highway Service Commercial District) to
C-1B/PD-1 (Large Scale Commercial
District/Planned Development Overlay)
Location and Size: Property generally located north of Hickman
Road between NE Dartmoor Drive and NE
Westgate Drive, containing approximately
15.16 acres.
LAND USES AND ZONING:
Location Existing Land Use Comprehensive Plan Current
Zoning
Property in
Question
Vacant / Undeveloped Neighborhood Residential C-1
North Lutheran Church of Hope Neighborhood Residential C-1
South Central Bank/Retail Neighborhood Residential C-1
East Undeveloped Community Village C-1B
West Retail Neighborhood Residential C-1
BACKGROUND:
The subject property was originally a part of the holdings of Point of Grace Church (now
Lutheran Church of Hope). The property was purchased by Fridley Properties, LLC in 2015
for purposes of locating a theater on the property. Today, the property is zoned C -1
Community and Highway Service Commercial District which would allow for the use of the
property as a theater. However, because of the size of the theater being greater than 50,000
square feet, the applicant has requested approval to rezone the property to C-1B Large Scale
Commercial District. In addition to the underlying zoning change, a Planned Development
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Overlay is proposed in order to deal with some the specific and unique aspects of the theater
development.
ABOVE: Aerial of Property (in BBLLUUEE) and Surrounding Area
PROJECT DESCRIPTION:
The applicant has submitted the necessary petition and consent to the proposed rezoning. The
zoning map indicates consent to the amendment from approximately 66% of the property
owners within 200 feet of the property proposed to be amended (rezoned). Notification of the
proposed rezoning request was sent on November 7, 2017. To date, staff has received
correspondence from one adjoining property owner related to concerns with traffic. A copy of
that correspondence is attached. A notification sign of the proposed City Council Public
Hearing Date has been placed on the property.
A conceptual development plan has been provided for the configuration of the proposed
property. The property will consist of four lots ranging in size from 1.3 acres to 9 acres. As a
part of the development NE Venture Drive would be constructed as a public street and be
extended between NE Dartmoor Drive and NE Westgate Drive. The theater would sit north
of Venture Drive with the three remaining outparcels sitting between Venture Drive and
Hickman Road. Access to the three outparcels will only be provided off of Venture Drive.
There will be no additional access off of Hickman Road. Access to the theater lot is proposed
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to be provided both off of Westgate Drive and Venture Drive. It is anticipated that traffic from
the theater development will flow both to Westgate Drive and Dartmoor Drive both of which
now have traffic signals at the intersection with Hickman Road.
The development plan identifies the construction of an approximately 65,000 square foot
theater on the west half of the lot with parking for the theater being provided on the east half.
The theater would face Westgate Drive. The proposed theater is intended to include a total of
15 screens including an IMAX theater. The IMAX is unique in that this would be the only
location in all of central Iowa due to restrictions that are placed on such theaters by IMAX.
The existing IMAX theater at the Des Moines Science Center falls under a different
consideration than one for commercial purposes.
The proposed Planned Development Overlay is intended to deal specifically with some of the
unique aspects of the building due to the IMAX theater component. Specifically the IMAX
component requires the building to be taller than the other theaters within the building.
Additionally the Planned Development Overlay includes provisions for desired signage elements
that would be unique to a theater development but would not otherwise be permitted under
the City’s standard sign ordinance requirements.
PLANNED DEVELOPMENT PROVISIONS:
The proposed C-1B zoning district states that the maximum height shall be 40 feet. The
proposed Planned Development would allow for the maximum height of the building to be
increased to 75 feet. This is in large part due to the IMAX portion of the theater project which
would set at the south end of the site closest to Hickman Road. The height of the building is in
large part due to the size of the screen within the IMAX theater.
The Planned Development document also addresses certain signage requirements that would
be unique to the project. In regards to building signage, modifications to the sign ordinance
include for the allowance of individual letters to be a maximum of 8 feet tall instead of 6 feet as
permitted within the site plan ordinance. The Planned Development document will also allow
for signage on the south elevation of the building to be calculated at 1 ½ times the linear
footage of the building versus 1:1 as would be permitted in the sign ordinance. These proposed
changes within the Planned Development are in large part due to the size of the proposed
building and are proposed in order to keep the signage in scale with the size of the building.
The other signage component addressed within the Planned Development document includes
provisions for the construction of a projecting sign at the corner of the building. As stipulated,
this sign would be allowed in lieu of any monument sign on the development. The sign would
be similar in size and scale to the “Century” sign that is located at Jordan Creek Town Center.
Provisions for projecting signs are not addressed within the general sign ordinance although
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they are addressed within the standards and guidelines for property within the Kettlestone
development area.
STAFF RECOMMENDATION
At this time, staff would recommend approval of the proposed ordinance related to Fridley
Palms Theater.
CITY OF WAUKEE
Brad Deets
Development Services Director
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CECCivil Engineering Consultants, Inc.2400 86th Street . Unit 12 . Des Moines, Iowa 50322515.276.4884 . Fax: 515.276.7084 . mail@ceclac.comQ:\E-FILES\E-7000\E7533\_C3D Drawings\Plat\PP\E7533 PP GRADING.dwg, 9/12/2017 4:21:37 PM, pclausen, 1:1