HomeMy WebLinkAbout2016-03-21-J02 Legacy Pointe - Rezoning - 1st Consideration
MEE
AGEN
FORM
SYNO
ETING DATE
NDA ITEM:
MAT:
OPSIS INCL
CITY COU
E: March
: On an o
Wauke
modify
Legacy
Ordinan
LUDING PRO
request
Overlay
at Wau
The pro
develop
amende
uses in
mixed u
family
constru
The app
unsucc
this pro
and acc
The app
Overlay
in addit
include
The app
ranch s
pending
approv
The app
mixed u
the opti
propert
use dev
CITY OF W
UNCIL MEE
21, 2016
ordinance to a
e, Iowa by re
y PD-1 (Plann
y Pointe at Wa
nce
O & CON: T
ting approval
y to their prop
ukee Plat 1 an
operty was or
pment in 2003
ed to allow fo
a mixed use
use building w
units on a sec
ucted.
plicant has ow
essful to date
operty. The a
cess as reason
plicant is requ
y to include to
tion to the ex
e neighborhoo
plicant has in
style townhom
g approval of
al process.
plicant has in
use developm
ion of further
ty if it is deter
velopment.
WAUKEE,
ETING CO
amend Chapt
ezoning and ch
ned Developm
aukee Plat 1).
The applicant
of a modifica
perty which c
d includes ap
riginally zone
3. In 2005, th
or residential u
type setting.
with retail on
cond level in
wned the prop
e in generating
applicant has s
ns for limited
uesting a mod
ownhome uni
isting uses of
od commercia
nterest from a
me units on th
f rezoning wo
nterest in cont
ment for the re
r developing t
rmined there
AGE
IOWA
OMMUNICA
ter 301, Zonin
hanging certa
ment Overlay
.
t, Urban Fam
ation of the P
consists of Lo
pproximately
ed for neighbo
he Planned D
units in comb
Plans were a
n the front low
2005. The pr
perty for over
g interest in c
specifically s
interest in the
dification of t
its as an allow
f the property
al and mixed
builder in de
he far south en
ould begin the
tinuing to seek
emainder of th
townhomes o
is no interest
ENDA ITEM:
ATION
ng Ordinance
ain property th
District), a pa
mily Investmen
Planned Devel
ots 3 – 5 of Le
2.93 acres.
orhood comm
Development O
bination with
actually appro
wer level and
roject howeve
r ten years an
commercial de
tated issues w
e property.
the Planned D
wable use on
y currently allo
use.
eveloping a to
nd of the prop
e developmen
k out comme
he property b
n the remaind
in commerci
, City of
herein to
arcel known a
nts, LLC, is
lopment
egacy Pointe
mercial
Overlay was
commercial
oved for a
nine multi-
er was never
d has been
evelopment o
with visibility
Development
the property
owed that
otal of six
perty that
nt review and
rcial and/or
but would like
der of the
ial or mixed
as
on
y
e
The proposed Planned Development Agreement has been drafted to
allow for flexibility in uses with minimum bulk regulations and design
standards including buffering requirements between deferring uses as
appropriate.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT: The Planning and Zoning
Commission reviewed the request at their February 23, 2016 and
recommended approval.
Approval of a Rezoning related to an amendment to the Planned Development
document for property zoned PD‐1 ( Planned Development Overlay District) and C‐1A
(neighborhood Commercial District) [Legacy Pointe Village Center]
In 2005 there was a modification and Rezoning of the subject area to allow for mixed‐
use buildings, specifically commercial on the ground level and multi‐family residential
on the upper levels. Since that time commercial development has stalled and the
applicant, Tim Urban, would like to modify the zoning of the area to accommodate the
ability to place Townhomes in the subject area. The Applicant does not wish to eliminate
the current zoning options. Mr. Urban did speak on behalf of his proposal, stating that
he would work with Evergreen Solutions and, in the event that the proposal is approved,
has a plan for 6 Townhomes similar to what is south of SE Golden Harvest Drive. Mr.
Urban also advised that he would seek for a gated entry for emergency vehicles only
between the Earl May parking lot and the townhomes should they extend the drive to
accommodate more than 6 townhomes.
Commissioner Streit questioned whether the units would be for rent or for sale.
Mr. Urban advised that he would be looking to sell the properties not to have
them for rent.
Commissioner Hoifeldt asked Mr. Urban if he planned to have an access to the
south from the Earl May parking lot to SE Golden Harvest Drive. Mr. Urban
suggested that they were only looking at an east to west access point.
Resident Colleen Monahan of 130 SE Legacy Pointe Boulevard spoke her
concerns about the increase in traffic leading to public traffic using the private
drive of the senior housing as a thru street. She also voiced her concern for who
would be moving into the townhomes whether it would also be senior living or
open to anyone wishing to buy in the area. Mr. Urban and Builder Tom Franklin
advised that Evergreen Solutions has made a name for themselves in Senior
Living and would like to continue that aspect in Waukee if at all possible. There
was some discussion between the residents in attendance and Mr. Urban about
how they were able to utilize age restrictions in their area, but was not
commented on by the Commissioners.
William Lawson of 1540 SE Golden Harvest Drive expressed a concern regarding
proper signing to show that the area is a cul‐de‐sac and enforcement of speed
limits in the area. He wondered if the townhomes were to be let in and there
was no association, what would regulate the type of people allowed to buy.
Commissioner Streit did address the traffic issues saying that they would
continue regardless of the development options. Commissioner Shanks clarified
with the Residents that the concerns they had were related to traffic in the area
not the approval of the townhome zoning option requested. There was not a
consensus among the residents as a response.
William Lawson expressed a concern regarding the intersection of the boulevard
and Hickman Road. Mr. Deets advised that the city was working with the City of
Clive to extend the road as the unpaved half would reside within Clive’s city
limits, Ms. Monahan made the suggestion of direction arrows to aid the traffic in
that area, which the Commissioners expressed could be a good idea before
redirecting the focus to the subject property.
Commissioner Nigro expressed concern about the proposed 6 townhomes not
having a Homeowners association. Mr. Urban advised that he had originally
planned to ask about the possibility of adding them to an existing association,
the residents did advise that at this time and according to their by‐laws they
were unable to take on any more properties. Mr. Urban then explained that
there would be an agreement for maintenance of properties between the
townhome owners even if they could not be part of an actual association.
Commissioner Shanks asked for clarification on the request, if it was just for the
southern lot, or all three lots. Mr. Urban clarified that he was asking for the
Townhome consideration on all three lots of the subject property. He also
explained that one of the reasons that commercial building had not been
working is due to the inability to have access off of Hickman Road.
Commissioner Nigro addressed the area which houses a detention pond and
questioned the staff if it was a cause of concern to have the idea of Housing
backed against a major road such as Hickman, even with the buffer. Mr. Deets
advised that the staff is not concerned as the development of a similar project is
across the road and has been executed successfully. Commissioner Fontenot
followed with a clarification on how many townhomes would be included if the
whole property were to be town homes. Mr. Deets replied that there would be
about 20 which follows the current optimal density for a townhome area.
The commissioners pulled up the proposed opportunities and compared them to
the current zoning to explain that what would be achieved would be beneficial
to the residents as it would lower the traffic that would come with the current
commercial options for development.
Motion by commissioner Nigro, seconded by Commissioner Fontenot to approve the
rezoning related to an amendment to the planned development document for property
zoned PD‐1 (planned Development Overlay District) and C‐1A (Neighborhood
Commercial District) [Legacy Point Village Center], subject to any remaining staff
comments and review of all legal documents by the City Attorney. Ayes: Fontenot,
Streit, Nigro, Hoifeldt, and Shanks. Nays: none. Motion carried.
Mr. Deets advised that the rezoning would be taken before the City Council during a
meeting open to the public March 7th of 2016 and encouraged that the residents attend
to make sure any concerns were heard.
STAFF REVIEW AND COMMENT: Staff has reviewed the request in detail and feels that in
addition to the existing uses of commercial and mixed use that the site
could function appropriately for a townhome development with the
correct layout and design. The large storm water retention pond to the
north provides for a natural separation to Hickman Road and appropriate
buffering and landscaping could be accomplished to the adjoining
commercial properties. Action was tabled on this item at the March 7,
2016 in order to allow the full City Council to consider the request.
RECOMMENDATION: Introduce the Ordinance and approve the first consideration.
ATTACHMENTS: I. Proposed Ordinance
II. Staff Report
III. Planned Development Document
IV. Rezoning Map
V. Concept Plans
PREPARED BY: Brad Deets, Development Services Director
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 300, ZONING ORDINANCE, CITY OF WAUKEE,
IOWA BY CHANGING CERTAIN PROPERTY THEREIN TO MODIFY PD-1 (PLANNED
DEVELOPMENT OVERLAY DISTRICT), A PARCEL KNOWN AS LEGACY POINE PLAT 1.
BE IT ORDAINED by the Council of the City of Waukee:
Section 1. Section 301.4 of Chapter 301, Waukee Municipal Code, Zoning Ordinance of
the City, adopting the Official Zoning Map, is hereby amended by modifying the PD-1 [Planned
Development Overlay District] on property legally described as follows:
LOTS 3, 4 AND 5 OF LEGACY POINTE PLAT 1, AN OFFICIAL PLAT, CITY OF WAUKEE, IOWA AND THE
WEST HALF OF THE ADJOINING SE LEGACY POINTE BOULEVARD RIGHT OF WAY AND THE NORTH
HALF OF THE SE GOLDENHARVEST DRIVE RIGHT OF WAY.
SAID PROPERTY CONTAINING 2.94 ACRES MORE OR LESS.
Section 2. Planned Development Agreement. Attached hereto as Exhibit A is the Planned
Development Agreement which shall define the minimum standards and requirements of the
PD-1 [Planned Development Overlay District] pertaining to the above legally described
property.
Section 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
Section 4. Severability Clause. If any section, provision or part of this ordinance shall be
adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as
a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional.
Section 5. Effective Date. This ordinance shall be in effect upon its final passage, approval
and publication as provided by law.
Passed by the Council this ____ day of ____________, 2016, and approved this ___ day of
_______________, 2016.
William F. Peard, Mayor
Attest:
Rebecca D. Schuett, City Clerk
EXHIBIT A
LegacyPointeVillageCenter
PLANNEDDEVELOPMENT
CITYOFWAUKEE
APPROVEDBYWAUKEECITYCOUNCILON_____________________
TABLEOFCONTENTS
LEGACYPOINTEVILLAGECENTER
PLANNEDDEVELOPMENT
• RezoningRequest
• ExhibitB–WaukeePDForm
• ExhibitC–VicinityMap
• ExhibitD–PropertyLegalDescription
• ExhibitE–RezoningMap
• ExhibitF–ConceptualDevelopmentPlan
• ExhibitG–ConceptualDevelopmentPlan
ExhibitB|LEGACYPOINTEVILLAGECENTER–PLANNEDDEVELOPMENT
Waukee,Iowa
PlannedDevelopmentOverlayDistrict(PD)
Item1PurposeandScopeofDistrict
•Thesubjectpropertyislocatedattheintersectionatthesouthwestcorneroftheintersection
ofSELegacyPointeBoulevardandEHickmanRoadonapproximately2.93acres.The
propertywasoriginallyzonedasapartoftheLegacyPointeatWaukeeDevelopment
approvedbytheWaukeeCityCouncilonMay19,2003(Ordinance2408)andlateramended
bytheWaukeeCityCouncilonSeptember12,2005(Ordinance2532).
•TheproposedPlannedDevelopmentwouldallowforflexibilityinusesastheproperty
develops.Permitteduseswithinthedevelopmentconsistofresidentialtownhomes
consistentwiththerequirementsasreflectedwithintheCityofWaukeeRͲ4RowDwellingand
TownhomeDwellingDistrict,neighborhoodcommercialusesasreflectedwithintheCͲ1A
NeighborhoodCommercialDistrictandmixeduseconsistingofacombinationofcommercial
andresidentialuseswithinthesamestructure.
•TheexistingunderlyingzoningofthePropertyisCͲ1ANeighborhoodCommercialDistrict.The
existingunderlyingzoningDistrictisproposedtoremaininplacewiththePlanned
DevelopmentOverlay(PDͲ1)definingtheadditionaluses,regulationsandrestrictions.
Item2Location,Size,LegalDescription
•SeeAttached:ExhibitC–VicinityMap
ExhibitD–PropertyLegalDescription
•Theproposeddevelopmentiscomprisedofapproximately2.93acreslocatedsouthwestof
theintersectionofSELegacyPointeBoulevardandEHickmanRoad(Highway6).
Item3ConceptualDevelopmentPlan
•SeeAttached:ExhibitE–RezoningMap
ExhibitFandG–ConceptualDevelopmentPlan
• ExhibitFrepresentsaconceptualdevelopmentplanwithacombinationoftownhomes,
generalretailandamixedusebuildingwithretailonthefirstfloorandmultiͲfamilyonthe
secondfloor.
• ExhibitGrepresentsaconceptualdevelopmentplanwithacombinationoftownhomesand
generalretail.
•Itshouldbenotedthattheseplansareconceptualandthatthefinaldesignandlayoutofthe
sitewillbedeterminedatthetimeofsiteplanapprovalbaseduponthedensityrequirements
aslaterdescribedwithinthisdocument.
Item4BuildingDesignStandards,includingheight,materials,sectionsandotherinformation
requiredtodescribetheproject
• ArchitecturalCompatibility:Dominanceofculturedstone,brickandwarmearthtonecolored
materialsshallberequiredonallcommercialandmixedusebuildingfacadesasdescribed
withintheWaukeeSitePlanOrdinance.
• Residentialstructuresshallincorporatebrickorstoneonthefrontfaçadeofthebuilding.
•Allstructuresshallbeconstructedfromsimilarmaterialsinsimilarcolorssothatacohesive
designelementisapparentthroughouttheproject.
• Mechanicalequipmentshallbeeffectivelyscreened.Atthegroundlevel,outdoor
mechanical,electricalandcommunicationequipmentshallbelocatedintherearsideofthe
buildingandbescreenedinapracticalmannerfromanypublicway.Attherooflevel,
outdoormechanical,electricalandcommunicationequipmentshallbelocatedeitherwithin
thebuildingmassingoratthehighestlevelofthebuildingwithnomorethantwo(2)feetof
projectionabovethelowestparapet.
• Loadingdocks,trashdumpsters,utilitymeters,conduitsandpipes,andthelikeshallbe
locatedininconspicuousareasandscreenedwherepractical.Thescreeningshallbe
incorporatedintotheoveralldesignofthebuilding.
• Lightingwithinthedevelopmentshallmeettheminimumstandardsasdefinedwithinthe
WaukeeSiteandBuildingDevelopmentStandardsOrdinance.Allparkinglotpolelighting
shallutilizeenergyefficientlightfixtures(LEDpreferred).
Item5BulkRegulations–IncludingDensityRegulations,Setbacks,MaximumHeights,andother
designstandardsspecifictotheProject
5ATownhomeandRowHouseDevelopment
Thefollowingrequirementsshallbeobserved:
1.Density.Twelve(12)DwellingUnits/Acremaximum
2.MinimumFloorArea.Elevenhundred(1,100)squarefeetperunit
3.LotWidth.Twentyfour(24’)feetminimum
4.FrontYard.Twenty(20’)feetminimumfrompublicstreetorfromedgeofcurbofa
private
5.SideYards.Ten(10’)feetminimumbetweenprincipalbuildings
6.RearYards.Twenty(20’)feetminimumexceptforthoseunitsthatbackuptothe
existingdetentionpond(LotBofLegacyPointeatWaukeePlat1),theminimumrearyard
setbackshallbeten(10)feet
7.Numberofstories.Maximumoftwo(2)stories
8.Numberofconnectedunits.Maximumoftwo(2)units.
9.OffͲStreetParking.Two(2)parkingstallsperunitofwhichone(1)minimumwillbeinan
attachedgarage.Oneadditionalstallforeveryfour(4)unitsforvisitorparking.
10.MinimumOpenSpace.Thetotallandareadevotedtoopenspaceandlandscapingshall
notbelessthantwenty(20%)percentofthegrosslandareacalculatedasawhole.
Individuallotsmayhavelessthan20%.
5BMixedͲUse
Thefollowingrequirementsshallbeobserved:
1.LotArea.None
2.FrontYard.Thirty(30’)feetminimum.
3.SideYard.None,exceptthirty(30’)feetminimumadjacenttoresidentialproperties
4.RearYard.None,exceptthirty(30’)feetminimumadjacenttoresidentialproperties
5.Numberofstories.Maximumoftwo(2)stories.
6.OffͲStreetParkingandLoading.Two(2)parkingstallsperresidentialunitandone(1)
parkingstallper250sq.ft.retail/office.
7.MaximumDwellingUnits/Acre.Fifteen(15).
8.MinimumFloorArea(ResidentialDwelling).Sixhundred(600)squarefeet.
9.MinimumOpenSpace.Thetotallandareadevotedtoopenspaceandlandscapingshall
notbelessthanTwenty(20%)percentofthegrosslandareaincludedinthebuildinglot.
Suchopenspaceshallbemaintainedasgrassedandlandscapedareaandshallnot
includeaccessdrives,parkingareas,structuresorbuildings;exceptornamentalstructures
includedaspartofthelandscapingtheme.Anintegratedpedestrianplazaincorporated
intothedesignofthesitewhichmayincludeanoutdoorseatingoreatingareawith
concretepad,benches,and/orlandscapingintendedfortheuseofcommercialpatrons
shallcounttowardstheminimumopenspacerequired.
5CCommercialDevelopment
Thefollowingrequirementsshallbeobserved:
1.LotArea.None
2.FrontYard.Thirty(30’)feetminimum.
3.SideYard.None,exceptthirty(30’)feetminimumadjacenttoresidential.
4.RearYard.None,exceptthirty(30”)feetadjacenttoresidentialproperties
5.MaximumNumberofstories.Two(2)storieswithamaximumheightof40feet
6.OffͲStreetParkingandLoading.One(1)parkingstallper250sq.ft.retail/office.
7.MinimumOpenSpace.Thetotallandareadevotedtoopenspaceandlandscapingshall
notbelessthanTwenty(20%)percentofthegrosslandareaincludedinthebuildinglot.
Suchopenspaceshallbemaintainedasgrassedandlandscapedareaandshallnot
includeaccessdrives,parkingareas,structuresorbuildings;exceptornamentalstructures
includedaspartofthelandscapingtheme.Anintegratedpedestrianplazaincorporated
intothedesignofthesitewhichmayincludeanoutdoorseatingoreatingareawith
concretepad,benches,and/orlandscapingintendedfortheuseofcommercialpatrons
shallcounttowardstheminimumopenspacerequired.
Item6UsesofProperty–IncludingPrincipalPermittedUses,AccessoryUsesandProhibited
UsesforMixedUseandCommercialDevelopments
6aTownhomes–AnyuseaspermittedwithintheRͲ4RowhouseandTownhome
DwellingZoningDistrict
6bMixedUseDevelopment–AnyuseaspermittedwithintheCͲ1ANeighborhood
CommercialDistrict.MultiͲfamilydwellingsprovidedthestructurealsocontainsoffice
and/orcommercialuses.
6cCommercial–AnyuseaspermittedwithintheCͲ1ANeighborhoodCommercial
District.
Item7OpenSpace,LandscapeandBufferRegulations
1. Minimumopenspaceforeachuseshallbeasdescribedwithinthebulkregulations
(Item5).
2. MinimumQuantity:Theminimumnumberofplantingspersitefortownhomes,
mixedͲuseandcommercialshallbeconsistentwiththeCityofWaukeeLandscapeand
OpenSpaceOrdinance.
3. OffͲStreetParkingAreas:MinimumrequirementsforoffͲstreetparkingareasshallbe
consistentwiththeCityofWaukeeLandscapeandOpenSpaceOrdinance.
4. BufferRequirements:
a. Atwentyfive(25)feetbuffershallberequiredbetweenanytownhomeand
mixeduseorcommercialdevelopment.Abuffershallnotberequiredadjacent
totheexistingEarlMaysite.
b. BufferPlantingRequirements:BufferPlantingrequirementsshallbeconsistent
withtheCityofWaukeeLandscapeandOpenSpaceOrdinance.
Item8Signage
1. Allsignagewithinthedevelopmentshallcomplywiththesignordinancerequirements
asestablishedwithintheWaukeeMunicipalCode.
2. Withinmixedusebuildings,thefollowingadditionalrequirementsshallapplyas
applicable:
a. ProjectingSigns
i. One(1)projectingsignshallbeallowedperbusinesswhosefrontwallis
located10feetorlessfromapublicorprivatestreetrightͲofͲway.This
signshallbeinlieuofanallowablewallsign,andthesignagesquare
feetshallcountagainstthetotalallowablewallsignage.
ii. ProjectingsignsmustnotexceedtwentyͲfour(24)squarefeet.The
maximumprojectionbeyondthefaceofthebuildingshallbefour(4)
feet.
iii. Themaximumheighttothetopofthesign,asmeasuredfromthe
sidewalkelevationatthebuildinglineonthefaçadetowhichthesignis
attached,shallnotexceedfourteen(14)feet.Theloweredgeofsucha
signmustbeatleasteight(8)feetabovethesidewalkdirectlybeneath
thesign.
iv. TwoͲdimensionalsignsshallhavebothfacesparallel,verticalandat
rightanglestothebuildinglineandshallhavetwelve(12)inches
maximumthickness.
v. Thepresenceofabladesignshallprecludetheuseofaprojectingsign.
b. AwningSigns–Canopiesandawningsmaycontainsignageprovidedthe
followingrequirementsaremet:
i. Ifsignageisparalleltothebuildingfaçade,itsareashallbededucted
fromthemaximumallowableareaoffascia/wallsigns.
ii. Ifatrightangles,itshallsubstituteforallotherprojectingsigns.
iii. Signmaterialswillnotbelimited;however,signageshouldbe
professionalinappearanceandshouldfitinwiththebuildingand
surroundingsinthearea.
c. BladeSigns
i. One(1)bladesignshallbeallowedperestablishment.
ii. Bladesignsmustnotexceedsix(6)squarefeet.Themaximum
projectionbeyondthefaceofthebuildingwillbettwo(2)feetsix(6)
inches.
iii. Bladesignsmaybeonefixedpiece,oracombinationofarmandsign
face.
iv. Themaximumheighttothetopofthesign,asmeasuredfromthe
sidewalkelevationatthebuildinglineonthefaçadetowhichthesignis
attached,shallnotexceedtwelve(12)feet.Theloweredgeofsucha
signmustbeatleasteight(8)feetabovethesidewalkdirectlybeneath
thesign.
v. Thepresenceofaprojectingsignshallprecludetheuseofabladesign.
ENDOFDOCUMENT
EXHIBITC
VICINITYMAP
EXHIBITD
PROPERTYLEGALDESCRIPTION
LOTS3,4AND5OFLEGACYPOINTEATWAUKEEPLAT1,ANOFFICIALPLAT,ALLINCLUDEDWITHIN
THECITYOFWAUKEE,DALLASCOUNTY,IOWA
SAIDTRACTOFLANDCONTAINS2.93ACRESMOREORLESS.
SAIDTRACTOFLANDBEINGSUBJECTTOANDTOGETHERWITHANYANDALLEASEMENTSOF
RECORD.
EXHIBITE
REZONINGMAP
EXHIBITF
CONCEPTPLAN–TOWHNOME/COMMERCIAL/MIXEDUSE
EXHIBITG
CONCEPTPLAN–TOWNHOMEDEVELOPMENT
STAFF REPORT
TO:Planning and Zoning Commission PREPARED BY: Brad Deets
RE:Legacy Pointe Village Center DATE:February 23, 2016
GENERAL INFORMATION:
Applicant: Urban Family Investments, LLC
Requested Action Amendment to Existing Planned Development
Location and Size:Property is generally located south of E Hickman
Road and west of SE Legacy Pointe Boulevard
containing 2.93 acres more or less.
LAND USES AND ZONING:
Location Existing Land Use Comprehensive Plan Current Zoning
Property in Question Vacant - Undeveloped Neighborhood Residential C-1A (PD)
North City of Clive N/A N/A
South Townhomes Neighborhood Residential R-3 (PD)
East City of Clive N/A N/A
West Earl May/Iowash
Carwash
Neighborhood Residential C-1A (PD)
BACKGROUND:
The subject property is located within the Legacy Pointe at Waukee Development. The property was
originally zoned in 2003 as a part of the larger Legacy Pointe at Waukee Development and called for
commercial uses complying with the C-1A zoning district. The only exception to the C-1A zoning use
restrictions was for the development of the car wash that is located directly west of the property currently
being considered for rezoning.
In 2005, the Planned Development Overlay District was amended to allow for mixed use stating that
residential uses would be permitted provided the structure also contained office and/or commercial uses. A
site plan for a mixed use building, providing retail space on the lower floor and apartments on an upper floor,
was approved in 2005 for the south half of the subject property located at the intersection of SE Legacy Pointe
Boulevard and SE Golden Harvest Drive. The project however was never completed and the property
remains vacant today.
The developer is requesting consideration of an amendment to the Planned Development for the property to
add townhomes as an additional allowable use. The developer has struggled to attract any commercial
February 19, 2016
2of 3
interest to the property to date because of the distance the property sets off of Hickman Road and issues with
access at Hickman Road and Legacy Pointe Boulevard.
ABOVE: Aerial of Property under consideration for Amendment to Planned Development and surrounding properties.
PROJECT DESCRIPTION:
The proposed amendment would allow for townhomes as an allowable use in addition to the existing uses of
commercial and mixed use. A Planned Development document has been prepared to reflect the proposed
uses on the property in addition to providing necessary information related to minimum bulk regulations,
parking, open space, architectural compatibility and landscaping.
The applicant has prepared two concepts for the remaining 2.93 acres within the development. The first
reflects the construction of six bi-attached townhomes fronting SE Golden Harvest Drive (public street) with
a mixed use (retail/residential) building fronting Hickman Road and a stand-alone commercial building in the
northwest corner of the site. A second concept has been prepared which identifies how the remaining
property could be entirely developed for townhomes that would back up to the existing detention pond front
ing Hickman Road.
February 19, 2016
3of 3
At this point in time, the developer has an interested party that would like to construct the six townhome
units facing SE Golden Harvest Drive. The developer’s intent would be to continue to market the remaining
property for commercial or mixed use development. The developer however, would like the flexibility to
continue forward with additional townhomes on the property if it is determined that the site is not viable for
commercial or mixed use development. The Planned Development Document has been written to reflect the
various options for uses with language provided related to separation of uses and compatability with the
adjoining and existing development.
STAFF RECOMMENDATION
Based upon the way the overall Legacy Pointe project was developed, staff believes the addition of townhomes
as an allowable use is appropriate for this remaining property. Certainly the additional townhome units
fronting SE Golden Harvest Drive would be compatible with the existing townhomes along SE Golden Harvest
Drive as well as provide a better edge to commercial development if it would occur on the north half of the
property. Additionally, if done appropriately with buffering and consideration for the existing development to
the west, the remaining property also may be suitable for townhome development. Based upon staff’s analysis
of the request, staff would recommend approval of the proposed Planned Development Amendment.
CITY OF WAUKEE
Brad Deets, AICP
Development Services Director
10' PUE40' PUE
30' ACCESS EASEMENT
20' SANITARY SEWER EASEMENT45' STORM SEWER, SANITARYSEWER AND WATERMAIN EASEMENT10' WATEREASEMENT40' ACCESS EASEMENTSE GOLDEN HARVEST DRIVESE LEGACY POINTE BOULEVARDU.S. HIGHWAY NO. 6 (HICKMAN ROAD)42.5' ROW25' ROW10' P.U.E.30' BUILDING SETBACK30' BUILDING SETBACK30' BUILDING SETBACK30' BUILDING SETBACK30' BUILDING SETBACK30' BUILDING SETBACK30' BUILDING SETBACK30' BUILDING SETBACKSE HOLIDAY CREST CIRCLEEX. EARL MAY STOREEX. CAR WASH200'207.74'200'200'200'134567891011121314152LOT 30.54 ACRESLOT 41.10 ACRESLOT 51.29 ACRESNAME OFPROPERTYOWNERLEGALDESCRIPTIONOF PROPERTYMAILINGADRESSTOTAL AREAOF PROPERTYWITHIN 200' S.F.% OF TOTAL SQUAREFOOTAGE WITHIN200' OF REZONING%CONSENTING% NON -CONSENTING7.30%23,913205SE LEGACYPOINTE BLVDLOT 1 SUB OFLOT 19,LEGACYPOINTE ATWAUKEE PLAT 1HEALTH CAREREIT10.16%523180 & 190SE LEGACYPOINTE BLVD.LOT 12,TOWNHOMES@ LEGACYPOINTECAJMINVESTMENTSLLC, DONALD& CHARLOTTRASMUSSEN23.24%10,615150 & 160SE LEGACYPOINTE BLVD.LOT 11,TOWNHOMES@ LEGACYPOINTEDONALD &DOROTHYWILSON, RICHARD& GLORIA HUDSON34.21%13,793120 & 130SE LEGACYPOINTE BLVD.LOT 10,TOWNHOMES@ LEGACYPOINTETED & ROSEMARYPRIVITERA,COLLEN MONAHAN43.86%12,6291560 & 1570SE GOLDENHARVEST DR.LOT 9,TOWNHOMES@ LEGACYPOINTEIMOGENE SANDY,ALMEDA, ROY &RICHARD RANSOM53.81%12,470NO ADDRESSLOT C,TOWNHOMES@ LEGACYPOINTELEGACYCONSTRUCTIONINC61.26%4,1371505SE LAUREL ST.LOT 1,LEGACYPOINTE ATWAUKEEPLAT 6HEALTH CAREREIT72.97%9,720125 SE GOLDENHARVEST DR.LOT 7,LEGACYPOINTE @WAUKEEPLAT 1EWING LANDDEVELOPMENTSERVICE83.62%11,8581650 & 1540SE GOLDENHARVEST DR.LOT 8,TOWNHOMES@ LEGACYPOINTEBEULAH MALLORY,WILLIAM & LILLIANLAWSON921.89%71,6931535SE GOLDENHARVEST DR.LOT 1,LEGACYPOINTE ATWAUKEEPLAT 1ATERRA 201010.43%34,1731535 SEBLACKTHORNEDR.LOT 2,LEGACYPOINTE ATWAUKEEPLAT 1RICHARD EYERLYJR.1120.39%66,786NO ADDRESSLOT B,LEGACYPOINTE ATWAUKEEPLAT 1EWING LANDDEVELOPMENTSERVICES, LLC1215980HICKMAN RDCLIVETHAT PARTS372'N405'E600' NW NELYG S OF HWYCAROLE &ARTHUR CRATE13.24%43,356NO ADDRESSOUTLOB B,LEGACYPOINTE ATWAUKEEPLAT 2EWING LANDDEVELOPMENTSERVICE132.98%9,7621625 & 1635SE HOLIDAYCREST CIR.LOT 20,TOWNHOMES@ LEGACYPOINTEALICE COOPER,ROGER & JEANEVANS140.64%2,0931655 & 1665SE HOLIDAYCREST CIR.LOT 21,TOWNHOMES@ LEGACYPOINTESHIRLEY HAAG,BEVERLY ALLEN15XX.X% XX.X%XX.X% XX.X%XX.X% XX.X%XX.X% XX.X%XX.X% XX.X%XX.X% XX.X%XX.X% XX.X%XX.X% XX.X%XX.X% XX.X%XX.X% XX.X%XX.X% XX.X%XX.X% XX.X%XX.X% XX.X%XX.X% XX.X%XX.X% XX.X%XX.X% XX.X%327,521TOTAL AREA61 OF 1GRAPHIC SCALE040 20 40 803501 104th StreetDes Moines, Iowa 50322-3825Phone: (515)276-0467 Fax: (515)276-0217"Planning Your Successful Development"Bishop EngineeringCivil Engineering & Land Surveying Established 1959LOTS 3-5 LEGACY POINTE AT WAUKEE PLAT 1WAUKEE, IOWA150593PRELIMINARY- NOT FOR CONSTRUCTIONZONING:EXISTING: PLANNED DEVELOPMENT DISTRICT PD- C1APROPOSED: PLANNED DEVELOPMENT DISTRICT PD- C1A LEGAL DESCRIPTIONLOTS 3, 4, AND 5, LEGACY POINT AT WAUKEE PLAT 1, ANOFFICIAL PLAT,, ALL INCLUDED IN AND FORMING A PART OF THECITY OF WAUKEE, DALLAS COUNTY, IOWA.SAID TRACT OF LAND COTAINS 2.93 ACRES MORE OR LESS.SAI TRACT OF LAND BEING SUBJECT TO AND TOGETHER WITHANY AND AL EASEMENTS OF RECORD.PREPARED FOR:URBAN FAMILY INVESTMENT LLC214 FOSTER DRIVEDES MOINES, IOWA 50312MR. TIM URBAN515-208-0591M:\LAND PROJECTS 2015\150593\DWG\REZONING PLAN.DWG1/29/2016 7:25:31 AMVICINITY MAPNOT TO SCALE
(;,67,1*67250(;,67,1*67250(;,67,1*67250(;,67,1*6$1,7$5<(;,67,1*6$1,7$5<67250:$7(5($6(0(17(;,67,1*67250$33/,&$173523(57<2:1(5 85%$1'(9(/230(170,//6&,9,&3$5.:$<68,7(:(67'(602,1(6,2:$6,7(3/$135(3$5(5$5&+,7(&7 :(//6$662&,$7(63&1'675((768,7('(602,1(6,2:$ZZZZHOOVSOXVFRP1(::$7(51(::$7(51(::$7(5(;,67,1*:$7(5(;,67,1*:$7(5(;,67,1*:$7(5(;,67,1*:$7(5(;,67,1*:$7(51(::$7(51(::$7(51(::$7(51(::$7(51(::$7(51(::$7(51(::$7(51(:67250(;,67,1*6$1,7$5<1 (:6 $1 ,7 $5<(;,67,1*6$1,7$5<(;,67,1*:$7(5(;,67,1*:$7(5
7<3
(;,67,1*:$7(5(;,67,1*:$7(50,1
1(::$7(51(::$7(51(::$7(51(:6$1,7$5<1(:6$1,7$5<1(:6$1,7$5<1(:6$1,7$5<1 (:6 $1 ,7 $5 <1(:6$1,7$5<1(:6$1,7$5<1(:6$1,7$5<1(:6$1,7$5<1(:6$1,7$5<1(:6$1,7$5<1(:0+1(:0+1(:0+1(:0+6(/(*$&<32,17%/9'6(*2/'(1+$59(67'5(;,67,1*&85%(;,67,1*&85%(;,67,1*&85%(;,67,1*&85%(;,67,1*5(7(17,21321'
(;,67,1*6$1,7$5<
87,/,7<($6(0(17
%/$&.7+251('5,9(
/(*$&<32,1772:1+20(63$5.,1*($6(0(17/273$5.,1*($6(0(17($5/0$<3$5.,1*($6(0(17/27287/27%($5/0$<3$5.,1*($6(0(17287/27$/(*$&<32,1772:1+20(6287/27$($5/0$<
:HOOV$VVRFLDWHVKROGDOOULJKWVRIFRS\ULJKWLQDQGWRWKHVHSULQWVGUDZLQJV GRFXPHQWV1RUHSURGXFWLRQFRS\LQJDOWHUDWLRQPRGLILFDWLRQXVDJHLQFRUSRUDWLRQLQWRRWKHUGRFXPHQWVRUDVVLJQPHQWRIWKHVDPHPD\RFFXUZLWKRXWWKHSULRUZULWWHQSHUPLVVLRQRI :HOOVDVVRFLDWHV&RS\ULJKW7,7/(6+((75(9,6,216'$7(,668('352-(&712 &%6,7(/$<2873/$185%$1'(9(/230(17_/(*$&<32,176(%/$&.7+521('5,9(:$8.((,$
6,7(/$<287237,2172:1+20(6
(;,67,1*67250(;,67,1*67250(;,67,1*67250(;,67,1*6$1,7$5<(;,67,1*67250$33/,&$173523(57<2:1(5 85%$1'(9(/230(170,//6&,9,&3$5.:$<68,7(:(67'(602,1(6,2:$6,7(3/$135(3$5(5$5&+,7(&7 :(//6$662&,$7(63&1'675((768,7('(602,1(6,2:$ZZZZHOOVSOXVFRP3$5.,1* 3529,'('$3$570(1781,7681,76)5(7$,/6)6)$8722)),&(6)727$/5(48,5('
(;,67,1*:$7(5(;,67,1*:$7(5(;,67,1*:$7(5(;,67,1*:$7(5(;,67,1*:$7(5(;,67,1*6$1,7$5<(;,67,1*:$7(5(;,67,1*:$7(5(;,67,1*:$7(5(;,67,1*:$7(5
(;,67,1*&85%(;,67,1*&85%1(:672501(:0+(;,67,1*6$1,7$5<6(/(*$&<32,17%/9'6(*2/'(1+$59(67'5(;,67,1*&85%(;,67,1*&85%1(::$7(5 $3$570(171(::$7(5 5(7$,/1(:6$1,7$5< $3$570(171(:6$1,7$5< 5(7$,/(;,67,1*5(7(17,21321'1(::$7(51(::$7(51(::$7(5(;,67,1*:$7(5(;,67,1*6$1,7$5<(;,67,1*&85%
87,/,7<($6(0(1767250:$7(5($6(0(17
0,11(:6$1,7$5<1(:6$1,7$5<1(:6$1,7$5< /(*$&<32,179,//$*(3$5.,1*($6(0(17/273$5.,1*($6(0(17($5/0$<3$5.,1*($6(0(17/27287/27%($5/0$<3$5.,1*($6(0(17/(*$&<32,179,//$*(($5/0$</(*$&<32,179,//$*(
:HOOV$VVRFLDWHVKROGDOOULJKWVRIFRS\ULJKWLQDQGWRWKHVHSULQWVGUDZLQJV GRFXPHQWV1RUHSURGXFWLRQFRS\LQJDOWHUDWLRQPRGLILFDWLRQXVDJHLQFRUSRUDWLRQLQWRRWKHUGRFXPHQWVRUDVVLJQPHQWRIWKHVDPHPD\RFFXUZLWKRXWWKHSULRUZULWWHQSHUPLVVLRQRI :HOOVDVVRFLDWHV&RS\ULJKW7,7/(6+((75(9,6,216'$7(,668('352-(&712 &$6,7(/$<2873/$185%$1'(9(/230(17_/(*$&<32,176(%/$&.7+521('5,9(:$8.((,$
6,7(/$<287237,219,//$*(