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Home My WebLink About2017-12-04-H01 Deery Brothers_Rezoning_PH AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: December 4, 2017 AGENDA ITEM: On an ordinance to amend Chapter 301, Zoning Ordinance, City of Waukee, Iowa by rezoning and changing certain property therein from R-4 (Row Dwelling & Townhome District) to C-1 (Community & Highway Service Commercial District), a parcel to be known as Deery Brothers Waukee Development. FORMAT: Public Hearing SYNOPSIS INCLUDING PRO & CON: The applicant, Deery, Deery, & Deery, LLC, requests approval of a rezoning of approximately 3.46 acre of property located south of Hickman Road and west of 10th Street. The specific request is to rezone the property from R-4, Row Dwelling & Townhome District to C-1, Community & Highway Service Commercial District in order to provide additional land for commercial development adjacent to the proposed Deery Brothers car dealership. The concept plan submitted with the application indicates a commercial/retail development that includes a car dealership, two retail buildings, and three service based commercial users. In addition to the conceptual users for the site the concept plan identifies the required 30 foot landscape buffer along the east and south sides of the property. The purpose of this buffer is to provide screening from adjacent residential neighborhoods. The concept plan also identifies the extension of 10th Street from Hickman Road to the south. In the future, 10th Street will be a divided four lane boulevard street. The Comprehensive Plan identifies the property as Neighborhood Residential, however, the proposed zoning is consistent with the adjacent portion of the Deery Brothers property and is located near a future major intersection (Hickman Road and 10th Street). Landscape buffering and the 120 feet right-of-way of 10th Street will provide separation between the commercial uses and existing residential uses to the east. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: H1 COMMISSION/BOARD/COMMITTEE COMMENT: The Planning and Zoning Commission reviewed the request at their November 28, 2017, meeting and recommended approval. Approval of a rezoning related to a Change from R-4 ( Row Dwelling and Townhome District) to C-1 (Community and Highway Service Commercial District) [Deery Brothers Waukee Development] Waukee City Planner, Melissa DeBoer, introduced the request for a rezoning submitted by the applicant Deery, Deery, and Deery, LLC. The subject area is located south of Hickman Road and West of 10th Street containing approximately 3.24 acres. Mrs. DeBoer reminded the Commission that the property was annexed and rezoned in 2016. The applicant is seeking to rezone the parcel to match the rest of the property. The applicant has submitted a concept plan for six possible buildings including flex tenant space, restaurants, banks, and a convenience store. Staff has received communication from one neighbor regarding the future of the Landscape Buffers which are required along 10th street and Maple Street due to zoning district differences. At this time staff recommends approval subject to remaining staff comments and review of any legal documents. Commissioner Fontenot questioned if the concern of the resident who contacted staff was regarding the east side of the development. Mrs. DeBoer advised that was correct. Kaitlyn Henning of 945 Maple Street addressed the commission, stating that her concern is that the buffer easement is not much of a buffer, and may lead to unwanted light and noise pollution. She also asked for clarification on the realignment of tenth street. Senior City Planner, Andy Kass, addressed the concerns stating that light and noise pollution are regulated by city ordinance, and that eventually 10th street would be realigned to kick to the west and widened south of maple. Commissioner Streit questioned if this would lead to more space between the current residence and the street. Mr. Kass advised it was a possibility. Commissioner Hoifeldt questioned what would happen to existing 10th street. Mr. Kass advised that with the initial improvements to 10th street a part of the current street would be abandoned due to lack of use between laurel and Hickman. Karen Dluhos of 960 Maple Street questioned if the landscape buffer was set. her concern lies in the possibility of the buffer being removed with the rezoning. She pointed out the lack of buffer between the kum and go and surrounding residences. Director of Development Services, Brad Deets, advised that the reason for the proximity, is that the surrounding residential buildings by the kum and go are actually zoned commercial, eliminating the need for a buffer. As the residences to the east of 10th street are zoned R-2, the buffer is required. Emily Harding of Civil Design Advantage, a representative of the applicant, addressed the concerns of residents explaining that the right of way on 10th street is 120 feet, which does not already include the 30 foot buffer, meaning the minimum distance of any commercial building would be from their property would be 150 feet. Currently there are no solid buyers for the areas, the rezoning is to provide marketability for the land. Commissioner Fontenot moved to approve the Rezoning related to a change from r-4 (row Dwelling and townhome District) to C-1 (community and Highway Service Commercial District). Commissioner Broderick seconded the motion. Ayes: Fontenot, Streit, Broderick, Hoifeldt, and Tietz. Nays: None. Motion Carries. STAFF REVIEW AND COMMENT: The proposed rezoning request is generally consistent with the Comprehensive Plan and adjacent zoning. Staff recommends approval. RECOMMENDATION: Introduce the Ordinance and approve the first consideration. ATTACHMENTS: I. Staff Report II. Rezoning Map III. Concept Plan PREPARED BY: Andy Kass, Senior Planner REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: Dallas County News DATE OF PUBLICATION: 11/23/17 STAFF REPORT TO: Planning and Zoning Commission PREPARED BY: Melissa DeBoer RE: Deery Brothers Waukee Development Rezoning DATE: November 28, 2017 GENERAL INFORMATION: Applicant: Deery, Deery, & Deery, LLC Requested Action Rezoning Approval Location and Size: Property is generally located South of Hickman Road and West of 10th Street containing 3.24 acres more or less. LAND USES AND ZONING: Location Existing Land Use Comprehensive Plan Current Zoning Property in Question Agricultural Neighborhood Residential R-4 North Agricultural Neighborhood Residential C-1 South Agricultural Neighborhood Residential R-2, PD-1 / R-2, & R-4 East Single Family Residential Neighborhood Residential R-2 West Agricultural Neighborhood Residential A-1 BACKGROUND: The subject property is located south of Hickman Road and west of 10th Street and is approximately 3.24 acres in area. The property was annexed and rezoned in 2016. The developer had originally planned on the subject property being developed as townhomes, but has since revised the plans and the applicant is asking for this property to be rezoned from R-4 (Row Dwelling and Townhome District) to C-1 (Community and Highway Service Commercial District) to be consistent with the surrounding lots in this development. PROJECT DESCRIPTION: The applicant has submitted the necessary petition and consent to the rezoning. Notification of the rezoning request to the proposed property was sent on November 20, 2017. To date, staff has not received any correspondence for or against the proposal. Notification signs of the proposed Planning and Zoning Date and City Council Public Hearing Date have been placed on the property. November 22, 2017 2 of 2 ABOVE: Aerial of Concept Plan identifying the proposed rezoning area (in RED) in relation to the surrounding properties. As a part of the proposed rezoning request, the applicant has submitted a concept plan identifying the anticipated layout of the development. The concept plan identifies a total of 6 retail buildings including: two buildings identified as retail/flex space, a restaurant, a bank, a convenience store, and a car dealership. STAFF RECOMMENDATION Staff is comfortable with the proposed rezoning and would recommend approval of the rezoning request subject to remaining staff comments. CITY OF WAUKEE Melissa DeBoer, AICP Planner II HICKMAN ROAD / HIGHWAY 6ASHWORTH DRIVELAUREL STREETMAPLE STREETEX. 10TH STREET 10TH STREET 11TH STREET MAPLE STREETS89°34'01"E 829.02'AREA 'A' - 3.24 ACPROPOSED C-1 ZONINGCIVIL DESIGN ADVANTAGE1512.634DEERY BROTHERS ENGINEER: ENH TECH: MDM REVISIONS DATE WAUKEE, IOWA11 FIRST SUBMITTAL 10/17/17 PHONE: (515) 369-4400 FAX: (515) 369-4410 3405 S.E. CROSSROADS DRIVE, SUITE G GRIMES, IOWA 50111 WAUKEE DEVELOPMENT SECOND SUBMITTAL 11/15/17SITEUS 6 (HICKMAN ROAD)US 6 (HICKMAN ROAD)HICKMAN ROADASHWORTH DRIVE10TH STREET6TH STREET VICINITY MAPADJACENT OWNERSHIP - AREA 'A'OWNERENGINEER / SURVEYORDEVELOPER/APPLICANTREZONING DESCRIPTIONZONINGREZONING MAP - AREA 'A' MAPLE STREET10TH STREET 11TH STREET EXISTING 10TH STREET HICKMAN ROAD / HIGHWAY 6LAURELSTREETASHWORTHDRIVETWCIVIL DESIGN ADVANTAGE1512.634ENGINEER: ENH TECH: MDM REVISIONS DATE WAUKEE, IOWA11 PREPARED 10/17/17 PHONE: (515) 369-4400 FAX: (515) 369-4410 3405 S.E. CROSSROADS DRIVE, SUITE G GRIMES, IOWA 50111DEERY BROTHERS WAUKEE DEVELOPMENT REVISED 11/15/17