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HomeMy WebLinkAbout2016-10-03-H02 Fox Creek Estates Plat 10 - Rezoning - PH AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: October 3, 2016 AGENDA ITEM: Consideration of approval of an ordinance to amend Chapter 300, Zoning Ordinance, City of Waukee, Iowa by rezoning certain property from A-1 (Agricultural District) to R-2 (One and Two Family Residential District), [Fox Creek Estates Plat 10 Development] FORMAT: Public Hearing SYNOPSIS INCLUDING PRO & CON: The applicant, Shadow Creek Estates LLC, is requesting approval of a rezoning of property generally located east of Warrior Lane and north of the Fox Creek Estates Development. The subject property consists of 13.44 acres and is proposed to be rezoned to R-2 One and Two Family Residential District. The rezoning will be subject to the completion of the annexation of the property into the City of Waukee. The proposed concept plan shows the development of approximately 25 single family lots on two cul de sacs which would back up to Little Walnut Creek. Access to the property is being provided from the existing street stub in Fox Creek Estates Plat 7 and the future street stub in Fox Creek Estates Plat 9. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: The Planning and Zoning Commission reviewed the request at their September 27, 2016 meeting and recommended approval. Approval of a Rezoning related to a Change from A-1 (Agricultural District) to R-2 (One & Two Family Residential District) [Fox Creek Estates Plat 10] Director of Development Services, Brad Deets, introduced the request submitted by Applicant, Waukee Lots, LLC, for a Rezoning related to a Change from A-1 (Agricultural District) to R-2 (One & Two Family Residential District). Mr. Deets advised that the City of Waukee and the City of Clive have an existing agreement regarding certain property located within each city. Per the agreement, both Cities are able to request property owners to voluntarily sever certain property from each community in order for it to be annexed into the adjoining city. Mr. Deets advised that the City of Waukee has previously approved a pre-annexation agreement for the property and the City Council is scheduled to take action on the annexation on October 3rd ,2016. In preparation of the annexation being completed, the applicant is requesting the rezoning process be started for the property in order to allow for development to begin early next spring. Pending approval of the rezoning by the Planning and Zoning Commission and the City Council, it would not become finalized until after the property has completed the annexation process into the City of Waukee. Mr. Deets advised that the applicant has submitted the necessary petition and consent to the rezoning in order to being the rezoning process. To date, staff has not received any formal correspondence for or against the proposed rezoning request from the notifications that were sent on September 20th, 2016. Mr. Deets advised that the proposed rezoning request includes approximately 13.44 acres that would include 25 Single family lots ranging from 10,000 to almost 1.75 acres in size according to the submitted concept plan. All lots proposed would have a minimum lot width of 80 feet. Access to the proposed development would be provided off of two sub streets from the south within the Fox Creek Estates Plat 7 and Fox Creek Estates plat 9 (proposed) with both streets ending in cul-de-sacs. The city council has previously agreed to the length of the western cul de sac, which is longer than a traditional cul de sac, as part of the pre-annexation agreement. The justification for the length is due to the existing Little Walnut Creek backing up to the north of the property. Utilities will be extended from the south within the Fox Creek Estates Plat 7 and Plat 9 subdivisions. There will be no additional parkland dedication associated with this subdivision as the applicant agreed to dedicate right of way necessary for the extension of Douglas Parkway out to Alice’s Road as part of the pre annexation agreement. Parkland for this neighborhood can be served by the approximately 19 acre community park located to the south and east of the subject area. The proposed rezoning is consistent with the surrounding area and staff would recommend approval of the request subject to completion of the annexation of the property into the city of Waukee.  Commissioner Schmidt asked for clarification of the Clive city limits. Mr. Deets verified that it was marked with the red line.  Commissioner Schmidt questioned about the drainage of the sanitary sewer. Mr. Deets advised that it falls south to the lift station to flow to Hickman Road. The Little Walnut Creek Lift station is to be upsized next year to accommodate the future anticipated capacity.  Commissioner Schmidt questioned if the grading on some of the lots would be a concern with the sewer line. Mr. Deets advised that some lots will be identified as needing Grinder Pumps to flow the sanitary sewer up to the main line. Commissioner Schmidt moved to approve a rezoning related to a Change from A-1 (Agricultural District) to R-2 (One & Two Single Family Residential District) [Fox Creek Estates Plat 10] Subject to remaining staff comments and the completion of the annexation of the property into the City of Waukee. The motion was seconded by Commissioner Fontenot. Ayes: Fontenot, Streit, Hoifeldt, Shanks, and Schmidt. Nays: none. Motion Carries. STAFF REVIEW AND COMMENT: The proposed rezoning is consistent with the surrounding neigborhoods being developed and staff would recommend approval of the rezoning with the effective date being the completion of the annexation of the property into the City of Waukee. RECOMMENDATION: Introduce the Ordinance and approve the first consideration. 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: Des Moines Register DATE OF PUBLICATION: 9/26/16 STAFF REPORT TO: Planning and Zoning Commission PREPARED BY: Brad Deets RE: Fox Creek Estates Plat 10 DATE: September 27, 2016 GENERAL INFORMATION: Applicant: Waukee Lots, LLC Requested Action Rezoning Approval Location and Size: Property is generally located East of N Warrior Lane and north of NE Bobcat Drive (Fox Creek Estates Plat 6) containing approximately 13.44 acres more or less. LAND USES AND ZONING: Location Existing Land Use Comprehensive Plan / [Kettlestone Master Plan] Current Zoning Property in Question Vacant – Undeveloped N/A A-1 North City of Clive – Little Walnut Creek N/A N/A South Single Family Residential Single Family Residential R-2 East City of Clive N/A N/A West City of Clive N/A N/A BACKGROUND: The City of Waukee and the City of Clive have an existing agreement regarding certain property located within each City. Per the agreement, both Cities are able to request property owners to voluntarily sever certain property from each community in order for it to be annexed into the adjoining City. The applicant, Waukee Lots, LLC has recently requested a portion of their property be severed from the City of Clive and annexed into the City of Waukee. The City of Waukee has previously approved a pre- annexation agreement for the property and the City Council is scheduled to take action on the annexation on October 3rd. Pending Council Approval and City Development Board Approval, the annexation should be completed by the end of the year. In preparation of the annexation being completed, the applicant is requesting the rezoning process be started for the property in order to allow for development to begin early next S pring. The applicant is requesting approval of zoning the property to R-2 One and Two Family Residential District. Pending approval of the September 23, 2016 2 of 3 rezoning by the Planning and Zoning Commission and City Council, it would not become finalized until after the property has completed the annexation process into the City of Waukee. ABOVE: Aerial of Concept Plan identifying the proposed area for single family residential (YYEELLLLOOWW) with (BBLLUUEE) outline for the subdivision and Surrounding Properties. PROJECT DESCRIPTION: The applicant has submitted the necessary petition and consent to the rezoning. The Rezoning Map indicates consent to the zoning change from 50.85% of the property owners within 200 feet of the property proposed to be rezoned. Notification of the rezoning request to the proposed property was sent on September 20, 2016. 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. The proposed rezoning request includes approximately 13.44 acres of property proposed to be rezoned to R- 2 One and Two Family Residential District which is consistent with the existing zoning of the property directly to the South. Douglas Parkway September 23, 2016 3 of 3 A concept plan has been prepared which shows the construction of 25 single family lots ranging in size from 10,000 square feet to almost 1.75 acres in size. All lots proposed would have a minimum lot width of 80 feet. Access to the proposed development would be provided off of two stub streets from the south within the Fox Creek Estates Plat 7 and Fox Creek Estates Plat 9 (proposed). Both streets would end in cul de sacs. The City Council has previously agreed to the length of the western cul de sac which is longer than a traditional cul de sac as a part of the pre-annexation agreement. The justification for the length of the cul de sac was because of the existing Little Walnut Creek backing up to the north of the property. Utilities for the two new cul de sacs will be extended from the south within the Fox Creek Estates Plat 7 and Plat 9 subdivisions. There will be no additional parkland dedication associated with this subdivision. Based upon the number of lots proposed, a total parkland dedication requirement of .43 acres would be required. However, as a part of the pre-annexation agreement, the applicant agreed to dedicate right of way necessary for the extension of Douglas Parkway out to Alice’s Road. This neighborhood is served by the approximately 19 acre community park located south and east of the subject area. STAFF RECOMMENDATION The proposed rezoning is consistent with the surrounding area. Staff would recommend approval of the proposed rezoning subject to completion of the annexation of the property into the City of Waukee. CITY OF WAUKEE Brad Deets Development Services Director