HomeMy WebLinkAbout2016-05-02-H02 Deery Brothers Rezoning_PH AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: May 2, 2016
AGENDA ITEM: Consideration of approval of an ordinance to amend Chapter 300, Zoning
Ordinance, City of Waukee, Iowa by amending the zoning for certain
property from A-1 to C-1 and R-4 a parcel to be known as Deery
Brothers Waukee Development.
FORMAT: Public Hearing
SYNOPSIS INCLUDING PRO & CON: The subject property involved in the proposed
rezoning, is approximately 24.80 acres in area and located west of 10th Street and south of
Hickman Road. A total of 21.6 acres are proposed to be rezoned to C-1 and a total of 3.2 acres are
proposed to be rezoned to R-4. The property owner Estella & J. Harry Copeland Trustees, and the
applicant, The Rose Companies request the rezoning to allow for the development of various
commercial and retail uses and townhomes.
The subject property is currently not within the City limits of the City of Waukee, but is located
within the unincorporated area of Dallas County. The City is in the process of annexing the
property, but the property owner has requested that the zoning be considered prior to completion
of annexation. The annexation process is expected to be completed by July 2016. The zoning
would not be effective until the property has been annexed into the City of Waukee.
The concept plan identifies 3 lots. On Lot 1 the concept plan identifies the location of a car
dealership, Lot 2 identifies a number of various commercial/retail buildings, Lot 3 identifies an
area for townhome development. As part of this development 10th Street would be extended to the
south and Maple Street would be extended eastward, Laurel Street will be extended to 10th Street,
and a new street will be constructed on the west side of the development.
10th Street has been identified on the Waukee Major Streets Plan as a major arterial and will
eventually connect over to R-22/6th Street. The road will initially be developed as a two lane road
but will be designed to be expanded to a four lane divided boulevard as traffic warrants.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT: The Planning and Zoning
Commission reviewed the proposed rezoning request and recommended approval subject to
completion of annexation proceedings at their April 26, 2016 meeting:
MOTION: APPROVAL OF A REZONING RELATED TO A CHANGE FROM A-1
(AGRICULTURAL DISTRICT) TO C-1 (COMMUNITY & HIGHWAY SERVICE
COMMERCIAL DISTRICT) AND R-4 (ROW DWELLING AND TOWNHOME
DISTRICT) [DEERY BROTHERS WAUKEE DEVELOPMENT]
Senior City Planner Andy Kass presented the motion. Mr. Kass described that the subject
property involved in the proposed rezoning is located south of Hickman Road and west of 10th
Street containing 24.80 acres. The applicant, The Rose Companies, requests that the property be
rezoned from A-1 to C-1 Community and Highway Service Commercial District and R-4 Row
Dwelling and Townhome District for commercial and townhome development. A total of 21.6
acres are proposed to be rezoned to C-1 and 3.2 acres are proposed to be rezoned to R-4. The
subject property is currently not within the City limits of the City of Waukee, but is located
within the unincorporated area of Dallas County. The City is in the process of annexing the
property, but the property owner has requested that the zoning be in place prior to annexation.
The annexation process is expected to be completed by July 8, 2016. The zoning would not be
effective until the property has been annexed into the City of Waukee. The applicant has
submitted the necessary petition and consent to the rezoning. Staff has received consent to the
zoning change from 52.87% of property owners within 200 feet of the property proposed to be
rezoned to C-1. Staff has received consent to the zoning change from 83.62% of property owners
within 200 feet of the property proposed to be rezoned to R-4. Notification of the rezoning
request to the proposed property was sent on April 18, 2016. No comments for or against the
rezoning have been received. Notification signs of the proposed rezoning were placed on the
property on April 18, 2016.
Mr. Kass advised that based on the property’s proximity to Hickman Road staff feels that the
proposed C-1 zoning is reasonable. The proposed concept plan included as part of the rezoning
proposal includes the development of a total of 2 lots for commercial development and one lot for
townhome development. On Lot 1 the concept plan identifies a car dealership, sales display areas,
and a car wash. Lot 2 identifies a number of difference commercial buildings including a fast
food restaurant, a bank, convenience store, a retail building, and 2 flex space buildings. Lot 3
should the development of 5 townhomes buildings with 4 units each for a total of 20 units.
Landscape buffers will be required along the entire east side of Lot 2 and the east side of Lot 3. A
Landscape buffer will also be required along the south side of Lot 2. Landscape buffers will also
be required for the row homes because they are proposed to back up to a major thoroughfare, 10th
Street. The concept plan identifies storm water detention being provided in 6 detention basins
throughout the property.
Mr. Kass explained that the applicant has proposed to satisfy the parkland dedication
requirements of 0.27 acres with a cash donation in lieu of dedication of land. Acceptance of this
proposal will be addressed by the City Council when the final plat is approved. The concept plan
indicates the extension of 10th Street and Maple Street. 10th Street is intended to be a divided
four lane road in the future. The applicant will only be responsible for constructing the west 31’
of 10th Street. 10th Street will be widened as traffic counts justify the widening. A new street on
the west side of the property has also been identified and is intended to provide full access from
Hickman Road. A right-in right-out access is indicated on Lot 2. Laurel Street will be extended to
10th Street.
• Commissioner Hoifeldt questioned if having a new 10th street means that the old one will
be removed. Director of Development Brad Deets advised that the initial construction of
10th Street will include the two western lanes that will initially function as both
northbound and southbound traffic. In the future when the street is expanded to the west,
the initial two lanes will both become southbound lanes. The existing asphalted 10th
Street that serves a number of homes will remain until such time as 10th Street would be
expanded in the future. Two lane roads typically carry 15,000 cars a day before they
need to be widened, it may be 15 to 20 years before it becomes a four lane road, but the
plans exist to acknowledge the work that will need to be done. Commissioner Schmidt
and Mr. Deets then clarified that the existing road would be used for additional buffering
for current homes of close to 75-80 feet.
• Commissioner Shanks asked for clarification regarding the neighborhood residential and
employment, Mr. Kass advised that this just means that it would have business parks
similar to Shottenkirk Chevrolet.
• Commissioner Hoifeldt questioned if there was a Detention Pond located on the north
side of the property. Mr. Kass advised that there were a few identified throughout the
course of the area. Commissioner Streit questioned if the visibility would be diminished
having the detention pond bordering Hickman Road. Mr. Kass advised that the lot in
previous discussions with a detention pond bordering Hickman had other issues that
aided in the lack of visibility, and that these ponds would be a significant decrease in size.
• The Audience was asked to bring forth their comments Bart Weller of 840 4th Street, a
resident of Waukee, advised that the 120 foot right of way showing for 10th street would
end up taking a house out on Laurel, as well as some other real estate. Mr. Deets advised
that the statement was correct, but would not be taking place until many years down the
road when 10th street would need to be widened to a 4 lane road.
• Karen Dluhos of 960 Maple Street pointed out on the map that it shows dry and wet
bottom detention and asked for a clarification between the two. She also advised that
many residents were concerned to have a lot of farm land go to concrete due to the
possible draining issues. Mr. Deets advised that farmland is not required to have
detention ponds as it is supposed to absorb the water. Commercial and residential areas
are required to have the detention ponds based on storm water calculations to account for
all of the water that is created by the concrete in order to maintain or decrease the flow of
water runoff. The engineering aspect would be addressed during a site plan review. Mr.
Deets also explained that a dry bottom pond releases water at the rate that maintains the
normal flow of water, while a wet bottom pond retainf the water with a base flow line.
• Mike Erdman, who farms the Phillip Hamilton Property to the South of the Subject lots,
pointed out that the rezoning would bring in a lot of concrete and water flowing across
Hamilton farms. The staff acknowledged the concern.
• The Residents questioned where the sanitary sewer and storm water would be connecting
to as the existing system seems to be struggling with the capacity that it is at. Residents
are experiencing backups of sanitary sewer and not just Storm water. Mr. Deets advised
that the city is looking into the issues at hand. The engineers have looked at the capacity
of the current existing systems to the east and south of the subject property, and advised
that the current hearing was just for the use of the land and that some of the larger details
such as connections would be further discussed and looked into during site plan reviews.
Commissioner Schmidt also verified with Mr. Deets that Commercial tends to have less
use for the sanitary sewers. Mr. Deets advised that typically that is what was expected.
• Karen Dluhos of 960 Maple Street, brought to the Commissions attention that several
residents had met with John Gibson and V&K engineers regarding the Sewer and Storm
water issues and were told that the engineers would be connecting with them again,
however to date, no one had received any additional communication. Commissioner
Hoifeldt advised that if there was communication that needed to be done, it should be
brought back up and Mr. Kass advised that he would carry the message to V&K.
• Commissioner Schmidt questioned how well the current pipes were handling the sewer
and storm water. Mr. Deets advised that at the moment there is very little detention in the
older parts of Waukee and the city is in the process of lining the sanitary sewers in this
area to eliminate infiltration by Storm water which may aid in the current back up issues
residents are experiencing.
• Commissioner Streit questioned what the timing for the annexation of this property was.
Mr Deets advised that it was a fairly lengthy process. It first goes through the City
Council which should be discussing it May 2, then it goes through the City Development
Board Meeting Scheduled for the 2nd Wednesday in June. After that meeting it has a 30
day public comments period before the annexation can be completed sometime in July
and filed with Dallas County. Commissioner Streit questioned if the County had any
objections and Mr. Deets Advised that the City had not heard anything from the County
which was not unusual.
• Commissioner Schmidt questioned if the rezoning would require one or three readings.
Mr. Deets advised that the annexation needed a public hearing with one reading, but for
the rezoning there would be 3 readings at the City Council level which is why this was
brought up for this meeting. The Property Owner requested the City Council to consider
rezoning prior to completion of the annexation as it is their intention to sell the ground if
rezoning seems likely. Alternatively, they may decide to withdraw their request for
annexation. The rezoning could not take effect until after the annexation is complete.
Commissioner Schmidt moved to recommend the approval of a rezoning related to a change from
A-1 (Agricultural District) to C-1 (Community and Highway Service Commercial district) and R-
4 (Row Dwelling and Townhome District) [Deery Brothers Waukee Development], subject to the
Annexation of the Property, any remaining staff comments, and review of all legal documents by
the City Attorney, which was seconded by Commissioner Streit. Ayes: Streit, Broderick,
Hoifeldt, Shanks, and Schmidt. Nays: none. Motion Carried.
STAFF REVIEW AND COMMENT: At this time staff comments related to the rezoning
have been addressed. Staff notes the concerns related to the impacts of
existing infrastructure and is coordinating with Veenstra and Kimm on
further analysis of both the sanitary and storm sewer systems. A sanitary
sewer rehabilitation project is scheduled to go out for bid later this month
which will involve lining the pipes and grouting all connections. The
purpose of this project is to eliminate the existing infiltration that is
going into the sanitary sewer system and causing issues with backups
during heavy rains. Staff would recommend approval of the rezoning
request subject to completion of the annexation proceedings.
RECOMMENDATION: Hold the Public Hearing.
ATTACHMENTS: I. Staff Report
II. Staff Comment Letter
III. Rezoning Map
IV. Concept Plan
PREPARED BY: Andy Kass, Senior Planner
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION: Dallas County News
DATE OF PUBLICATION: 4/21/16
STAFF REPORT
TO: Planning and Zoning Commission PREPARED BY: Andy Kass
RE: Deery Brothers Waukee Development -
Rezoning
DATE: April 26, 2016
GENERAL INFORMATION:
Applicant: The Rose Companies (applicant)
Estella & J. Harry Copeland (property owner)
Requested Action Rezoning Approval
Location and Size: Property is generally located south of Hickman
Road and west of 10th Street containing
approximately 24.80 acres more or less.
LAND USES AND ZONING:
Location Existing Land Use Comprehensive Plan Current Zoning
Property in Question Agricultural Neighborhood Residential A-1
North Agricultural Employment A-1
South Agricultural Neighborhood Residential N/A (Dallas
County)
East Single Family
Residential
Neighborhood Residential R-2
West Agricultural Neighborhood Residential N/A (Dallas
County)
BACKGROUND:
The subject property involved in the proposed rezoning is located south of Hickman Road and west of 10th
Street containing 24.80 acres. The applicant, The Rose Companies, requests that the property be rezoned
from A-1 to C-1 Community and Highway Service Commercial District and R-4 Row Dwelling and
Townhome District for commercial and townhome development. A total of 21.6 acres are proposed to be
rezoned to C-1 and 3.2 acres are proposed to be rezoned to R-4. The subject property is currently not within
the City limits of the City of Waukee, but is located within the unincorporated area of Dallas County. The
City is in the process of annexing the property, but the property owner has requested that the zoning be in
place prior to annexation. The annexation process is expected to be completed by July 8, 2016. The zoning
would not be effective until the property has been annexed into the City of Waukee.
The applicant has submitted the necessary petition and consent to the rezoning. Staff has received consent to
the zoning change from 52.87% of property owners within 200 feet of the property proposed to be rezoned
to C-1. Staff has received consent to the zoning change from 83.62% of property owners within 200 feet of
the property proposed to be rezoned to R-4. Notification of the rezoning request to the proposed property
April 25, 2016
2 of 3
was sent on April 18, 2016. No comments for or against the rezoning have been received. Notification signs
of the proposed rezoning were placed on the property on April 18, 2016.
The Comprehensive Plan identifies the subject property as Neighborhood Residential which provides for a
variety of housing types including townhomes, duplexes, and single-family homes. Based on the property’s
proximity to Hickman Road staff feels that the proposed C-1 zoning is reasonable.
ABOVE: Aerial of Concept Plan identifying the proposed commercial zoning (RREEDD) and the proposed townhomes (ORANGE).
PROJECT DESCRIPTION:
The proposed concept plan included as part of the rezoning proposal includes the development of a total of 2
lots for commercial development and one lot for townhome development. On Lot 1 the concept plan
identifies a car dealership, sales display areas, and a car wash. Lot 2 identifies a number of difference
commercial buildings including a fast food restaurant, a bank, convenience store, a retail building, and 2 flex
space buildings. Lot 3 should the development of 5 townhomes buildings with 4 units each for a total of 20
units. Landscape buffers will be required along the entire east side of Lot 2 and the east side of Lot 3. A
Landscape buffer will also be required along the south side of Lot 2. Landscape buffers will also be required for
the row homes because they are proposed to back up to a major thoroughfare, 10th Street. The concept plan
identifies storm water detention being provided in 6 detention basins throughout the property.
The applicant has proposed to satisfy the parkland dedication requirements of 0.27 acres with a cash donation
in lieu of dedication of land. Acceptance of this proposal will be addressed by the City Council when the final
plat is approved.
April 25, 2016
3 of 3
The concept plan indicates the extension of 10th Street and Maple Street. 10th Street is intended to be a
divided four lane road in the future. The applicant will only be responsible for constructing the west 31’ of 10th
Street. 10th Street will be widened as traffic counts justify the widening. A new street on the west side of the
property has also been identified and is intended to provide full access from Hickman Road. A right-in right-
out access is indicated on Lot 2. Laurel Street will be extended to 10th Street.
STAFF RECOMMENDATION
Staff is comfortable with the proposed rezoning and would recommend approval of the rezoning request
subject to remaining staff comments and completion of annexation proceedings.
CITY OF WAUKEE
Andy Kass, AICP
Senior Planner
Development Services Department
230 W. Hickman Road
Waukee, IA 50263
Phone: (515) 978-9533
Fax: (515) 987-1845
1st Review: April 8, 2016
2nd Review: April 20, 2015
3rd Review:
Civil Design Advantage
Attn: Emily Harding
3405 SE Crossroads Drive, Suite G
Grimes, Iowa 50111
RE: Rezoning – Copeland Property [Deery Brothers]
Dear Ms. Harding:
Per your request, staff has reviewed the proposed rezoning for the Copeland property located west of 10th
Street and south of Hickman Road. Based upon our review, staff has the following comments related to the
rezoning documents:
CONCEPT PLAN
1. Remove the Wallgreens name from the concept plan.
Engineers Response:
2. Staff would note that islands will be required at the end of parking stalls for the car dealership and these
should be indicated on the concept plan.
Engineers Response:
3. Staff would note the Site Plan Ordinance prohibits service doors from facing Hickman Road. This
comment is intended to bring this requirement to the applicants attention prior to refining further site
plan details.
Engineers Response:
4. The middle access point off of Hickman Road will not be allowed to be a full access point. This access
point will be restricted to a right-in right-out access.
Engineers Response:
5. The access point immediately south of the 10th Street/Hickman Road intersection will not be allowed as
it is too close to the intersection. No additional access points between Hickman Road and
Laurel Street will be allowed.
Engineers Response:
6. Indicate all lots and proposed lot areas.
Engineers Response:
7. Staff questions how the applicant intends to satisfy parkland dedication requirements for the townhome
portion of the project.
Project Name Project Engineer/Manager Project Type City Contact
Deery Brothers Waukee
Development
Emily Harding Rezoning Andy Kass
Engineers Response:
8. Provide a layout of the townhome property.
Engineers Response:
9. A 30 foot landscape buffer will be required along the east boundary of the commercial property and a
25 landscape buffer will be required on the east boundary of the townhome property. Required
plantings should be indicated for all buffer areas on the concept plan. The 25 foot buffer along the
east side of the townhomes should be continued for that portion of the property that
angles to the southwest. The 30 foot landscape buffer should be continued along the south
side of the car dealership property and the portion abutting the proposed R-4 zoning as it
will be adjacent to land proposed to be zoned for residential uses.
Engineers Response:
10. The applicant will be required to construct the west 2 lanes of the future 4 lane road of 10th Street.
Engineers Response:
11. Verify that the indicated uses on the concept plan will be able to have the required amount of parking
per the parking ordinance.
Engineers Response:
MISCELLANEOUS
12. Staff questions if an elevation of the car dealership is available. If so, please provide the elevation.
Engineers Response:
13. Staff would anticipate taking this rezoning request to Planning and Zoning on April 26th. Rezoning signs
will need to be placed by April 18th. The signs should be placed on the property along Hickman Road
and along 10th Street. Sign language is below:
NOTICE OF REZONING
CHANGE FROM A-1 TO R-4 & C-1
PLANNING & ZONING HEARING: APRIL 18, 2016, WAUKEE CITY HALL, 230 W. HICKMAN RD 6:00 PM
PUBLIC HEARING: MAY 2, 2016, WAUKEE CITY HALL, 230 W. HICKMAN RD 5:30 PM
CONTACT: WAUKEE DEVELOPMENT SERVICES DEPT. (515) 978-9533
14. Staff would request that the revised plans be provided in digital form (PDF) and hard copies with 4 full-
sized hard copies delievered to Waukee City Hall. The PDF copy may be emailed.
Should you have any questions or concerns regarding these comments, please feel free to contact Brad Deets
(515-978-7899) or myself at (515-978-7897).
Sincerely,
Andy Kass, AICP
Senior Planner