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