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HomeMy WebLinkAbout2021-10-18-G01 Petersen Property Rezoning_PH AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: October 18, 2021 AGENDA ITEM: Public hearing on an ordinance to amend Chapter 169, Zoning Ordinance, City of Waukee, Iowa, by rezoning certain property from A-1 (Agricultural District) to R-2 (One & Two Family Residential District) / PD-1 (Planned Development Overlay, R-4 (Row Dwelling & Townhome District) / PD-1 (Planned development Overlay), and C-1A (Neighborhood Commercial District) [Petersen Property] FORMAT: Public Hearing SYNOPSIS INCLUDING PRO & CON: Staff has received a request for rezoning of approximately 36.62-acres of property from A-1 to R-2/PD-1, R-4/PD-1, and C-1A. The property is located south of NW Douglas Parkway and west of NW 10th Street. The applicant received greater than 50% consent from property owners within 250-feet of the areas proposed to be rezoned. No correspondence either for or against the proposed application has been submitted. The concept plan provided shows 51 single family lots to be developed within the R-2/PD-1 area. The applicant has requested reduced lot area , lot width, and side and rear yard setback requirements The concept plan identifies 90 potential townhome units within the area proposed to be zoned R-4/PD-1. The applicant has requested reduced side yar d setback requirements within the R-4/PD-1 area. No specific layout is shown for the area proposed to be rezoned C-1A, which is typical for a commercial zoning. Landscape buffers are identified in areas where lots abut streets or between differing zoning districts. All proposed lots within the Planned Development Overlay area meet or exceed the minimums proposed for lot width, area, and depth. In addition to the relaxed bulk regulations, the Planned Development Agreement requires that the R-2/PD-1 and R-4/PD-1 areas comply with specific architectural and landscaping requirements. Parkland dedication requirements will apply to the project because of its residential nature. The required amount of parkland is 2.3-acres. The Greenbelt area shown on the south side of the property is shown to be 3.59-acres in area. The applicant proposes to dedicate this area to the City for parkland. An existing pedestrian underpass was installed as part of the improvements to NW 10th Street. The intent of the City would be to install a trail through this greenbelt and connect to the underpass. Further trail extensions will occur to the west and into the parkland located within Stratford Crossing. G1 The subject property is classified as Single Family Residential, Medium Residential, and Open Space in the Imagine Waukee 2040: Comprehensive Plan. The proposed densities for single family of 4 units per acre complies with the range for single family indicated in the Comprehensive Plan. The density proposed for the townhomes of 5 units per acre complies with the range of 4 to 12 units per acre within the Medium Density Residential classification. The area identified to be zoned for neighborhood commercial is located at the future intersection of NW Douglas Parkway and NW 10th Street, both streets are identified as Minor Arterials on the 2020 Major Streets Plan. The areas to be dedicated to the City for parkland dedication purposes are consistent with those areas identified as Open Space on the Future Land Use Map. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: The Planning and Zoning Commission reviewed the rezoning request on October 12, 2021 and recommended approval: Approval of a Rezoning related to a change from A-1 (Agricultural District) to R-2 (One and Two Family Residential District) / PD-1 (Planned Development Overlay), R-4 (Row Dwelling and townhome Dwelling District) / PD-1 (Planned Development Overlay District), and C-1A (Neighborhood Commercial District) [Petersen Property] Planning Coordinator Andy Kass introduced the request for rezoning as submitted by the applicant, Hubbell Realty Company. The subject property is generally located south of NW Douglas Parkway and west of NW 10th Street, containing approximately 36.62 acres. The applicant has submitted consent from 96.1% of property owners within 250 feet of the area proposed to be rezoned C-1A, and from 91.9% consent of property owners within 250 feet of the area to be rezoned R-2/PD-1. Notification to adjacent property owners was mailed on October 1, 2021, and a rezoning sign has been on the property since October 5, 2021. Staff has not received any correspondence regarding this request. Mr. Kass advised that the concept plan provided showed a total of 51 single family lots and a total of 90 potential townhome units on the subject property. No specific lay out has been provided for the commercial zoning area. Landscape buffers are identified in areas where lots abut streets or there is a difference between zoning districts, such as commercial to residential. All proposed lots meet or exceed the minimums of their respective bulk zoning regulations and planned development overlays. Public streets will be extended throughout the development and public utilities will be extended to serve the sites. Approximately 2.3 acres of parkland dedication would be required if development follows the presented concept plan. The applicant has indicated that a 3.59 acre area of greenbelt to the south of the development has been identified to satisfy any parkland dedication required. At this time staff would recommend approval of the rezoning for the Petersen Property due to general consistency with the Waukee 2040 Comprehensive Plan.  Commissioner Hoifeldt questioned if there would be an underpass available at 10th street to connect this development to the west side which contains Triumph Park and Northwest High School. Mr. Kass advised that the plans for an under pass would more than likely fall on to the City to construct, there are plans to make improvements in this area within the Capital Improvements Plan for 2022, however, he cannot guarantee that an underpass is included.  Commissioner Hoifeldt questioned the long term plans for the trail system in this area. Mr. Kass advised that the trail is anticipated to carve to the south following the greenbelt, connect into a few more of the western developments before ultimately connecting into the Raccoon River Valley Trail.  Commissioner Hoifeldt questioned who owned the property just to the south of the subject area. Mr. Kass advised that was acquired by the City, a house used to exist on that lot however, it was required to be torn down for the expansion of 10th street.  Commissioner Streit questioned if the Cell Tower would remain. Mr. Kass advised that it would eventually need to be taken down, however there were outstanding items to take into consideration, such as the lease agreement of the tower that the applicant is still looking into in order to remove it. Representative of the Applicant, Steve Mosely, advised that the lay out shown on the concept plan allows the two means of egress needed for fire safety for phase one in the event that the Cell Tower cannot be decommissioned in the near future. Commissioner Hoifeldt moved to approve the rezoning related to a change from A-1 (Agricultural District) to R-2 (One and Two Family Residential District) / PD-1 (Planned Development Overlay), R-4 (Row Dwelling and townhome Dwelling District) / PD-1 (Planned Development Overlay District), and C-1A (Neighborhood Commercial District) [Petersen Property], subject to any remaining staff comments, and review of legal documents. Commissioner Inman Seconded the motion. Ayes: Streit, Inman, Koshy, Hoifeldt, Ward, and Conley. Nays: none. Motion Carried. STAFF REVIEW AND COMMENT: Staff would recommend approval of the proposed rezoning request based on its conformance with the Comprehensive Plan. RECOMMENDATION: Hold the Public Hearing. ATTACHMENTS: I. Staff Report II. Rezoning Maps III. Concept Plan IV. Planned Development PREPARED BY: Andy Kass, Planning Coordinator REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: Dallas County News DATE OF PUBLICATION: October 7, 2021 PLANNING AND ZONING COMMISSION STAFF REPORT PROJECT: Petersen Property – Rezoning PREPARED BY: Andy Kass AICP, Planning Coordinator REPORT DATE: October 8, 2021 MEETING DATE: October 12, 2021 GENERAL INFORMATION Applicant: Hubbell Realty Company Owner: Richard L. Petersen & Claire B. Petersen Revocable Trust Owner’s Representative: Emily Harding, PE – Civil Design Advantage Request: The applicant is requesting approval of a rezoning for a residential and commercial development. Location and Size: Property is generally located south of NW Douglas Parkway and west of NW 10th Street, containing approximately 36.62-acres. AREA MAP ABOVE LEFT: Concept plan of the development identifying the area proposed to be rezoned. The area outlined in BLUE is the area proposed to be rezoned. October 8, 2021 2 of 4 LAND USES AND ZONING Location Existing Land Use Comprehensive Plan Current Zoning Property in Question Vacant - Undeveloped Single Family Residential, Medium Density Residential, & Open Space A-1 (Agricultural District) North Undeveloped Single Family Residential N/A (Dallas County) South Stratford Crossing Medium Density Residential & Open Space R-3 (Multi-Family Residential District) & C- 1 (Community & Highway Service District) East Triumph Park / NW High School Institutional A-1 (Agricultural District) West Stratford Crossing Single Family Residential R-2 (One & Two Family Residential District) / PD-1 (Planned Development Overlay) BACKGROUND The subject property is located south of NW Douglas Parkway and west of NW 10th Street. The property is approximately 36.62-acres in area and is currently in agricultural use. The applicant and property owner request that 11.35-acres of the property be rezoned from A-1 to R-2/PD-1, 18.85-acres be rezoned from A-1 to R-4/PD-1, and 6.42- acres be rezoned from A-1 to C-1A. The applicant has submitted consent from 96.1% of property owners within 250-feet of the area proposed to be rezoned C-1A. In addition, the applicant has submitted consent from 91.9% of property owners within 250-feet of the area proposed to be rezoned R-2/PD-1 and R-4/PD-1. Notification to adjacent property owners was mailed on October 1, 2021. The rezoning sign was placed on the property by the October 5, 2021 deadline. Staff has not received any correspondence regarding this request. ZONING AREAS LEFT: Concept plan of the development identifying the areas proposed to be rezoned. The area shaded yellow is proposed to be rezoned to R- 2/PD-1. The area shaded in orange is proposed to be rezoned R-4/PD-1. The area shaded in pink is the area proposed to be rezoned C-1A. October 8, 2021 3 of 4 PROJECT DESCRIPTION The concept plan provided shows 51 single family lots to be developed. The concept plan identifies 90 potential townhome units within the area proposed to be zoned R-4/PD-1. No specific layout is shown for the area proposed to be rezoned C-1A, which is typical for a commercial zoning. Landscape buffers are identified in areas where lots abut streets or between differing zoning districts. Tables 1 – 3 below summarize the bulk regulations for the proposed zoning districts. Table 1: Standard R-2 requirements and proposed R-2/PD-1 requirements. Category Standard R-2 (minimum) Proposed R-2/PD-1 Lot Area 8,000 square feet 5,500 square feet Lot Width 65 feet 50 feet Front Yard Setback 30 feet 30 feet Rear Yard Setback 30 feet 25 feet Side Yard Setback 15 feet (total) 10 feet (total) Table 2: Standard R-4 requirements and proposed R-4/PD-1 requirements. Category Standard R-2/PD-1 (minimum) Proposed R-4/PD-1 Lot Area 3,500 square feet per unit 3,500 square feet per unit Lot Width 20 feet 20 feet Front Yard Setback 30 feet 30-feet along public street / 25 feet along private street Rear Yard Setback 30 feet 30 feet Side Yard Setback 10 feet (total) 12 feet Table 3: C-1A bulk regulations Category Standard C-1A (minimum) Lot Area No Minimum Lot Width No Minimum Front Yard Setback 30 feet Rear Yard Setback 30 feet Side Yard Setback 30 feet when adjacent to a residential district All proposed lots within the Planned Development Overlay area meet or exceed the minimums proposed for lot width, area, and depth. In addition to the relaxed bulk regulations, the Planned Development Agreement requires the following provisions for the PD areas: R-2/PD-1  Minimum two car garage;  Minimum of 1,100 square feet for a single story home and 1,400 square feet for a two story home;  Adjacent lots cannot share the same building elevation;  Minimum of 15% stone, brick, or stucco on the front of the home facing the public street;  Specific requirements for the use of vinyl siding (0.042-inch thickness)  Two (2) trees and two (2) shrubs planted on each lot at the time of individual lot development. October 8, 2021 4 of 4 R-4/PD-1  Minimum two car garage;  Adjacent lots cannot share the same building elevation;  Minimum of 20% stone, brick, or stucco on the front of the home facing the public street;  Specific requirements for the use of vinyl siding (0.042-inch thickness)  Attached and detached townhomes are allowed.  Landscape buffer is not required for townhome units that front a public street or are across the street from a single-family lot. A number of public street extensions would occur as part of this development. Two main collector streets would provide primary access in and out of the development. Streets within the townhome portion would be private streets. Public utilities are available to service the proposed development. Stormwater management is shown to be provided in various areas throughout the development. There is an existing cell tower on the site that will need to be decommissioned prior to the lots being able to be built upon. Parkland dedication requirements will apply to the project because of its residential nature. The required amount of parkland is 2.3-acres. The Greenbelt area shown on the south side of the property is shown to be 3.59-acres in area. The applicant proposes to dedicate this area to the City for parkland. An existing pedestrian underpass was installed as part of the improvements to NW 10th Street. The intent of the City would be to install a trail through this greenbelt and connect to the underpass. Further trail extensions will occur to the west and into the parkland located within Stratford Crossing. COMPREHENSIVE PLAN The subject property is classified as Single Family Residential, Medium Density Residential, and Open Space in the Imagine Waukee 2040: Comprehensive Plan. The comprehensive plan defines the referenced land use classifications as follows:  Single Family Residential is defined as traditional forms of single family housing with lot sizes ranging from 8,000 square feet to 0.50-acres in area with an average density of 2 to 4 units per acre.  Medium Density Residential is defined as a variety of attached side-by-side townhome and row home products with densities ranging from 4 to 12 units per acre.  Open Space is defined as areas intended for park development or open space conservation. The proposed densities of single family within the project of 4 units per acre falls within the range identified within the Comprehensive Plan. The densities of the three townhome areas proposed is 5 units per acre which is within the range identified in the Comprehensive Plan and under the maximum allowed of 12 units per acre within the R-4 district. The area identified to be zoned for neighborhood commercial is located at the future intersection of NW Douglas Parkway and NW 10th Street, both streets are identified as Minor Arterials on the 2020 Major Streets Plan. The areas to be dedicated to the City for parkland dedication purposes are consistent with those areas identified as Open Space on the Future Land Use Map. STAFF RECOMMENDATION The proposed zoning district is generally consistent with the land uses identified in the Comprehensive Plan. Based on the conformance with the Comprehensive Plan staff recommends approval of the rezoning for the Petersen Property. NOTIFICATIONBOUNDARYPROPOSED ZONING: PUD(UNDERLYING R-2)11.35 ACRESREZONINGBOUNDARYNOTIFICATIONBOUNDARYREZONINGBOUNDARYEXISTING ZONING:A-1 AGRICULTURALDISTRICTEXISTING ZONING:A-1 AGRICULTURALDISTRICTEXISTING ZONING:A-1 AGRICULTURALDISTRICTEXISTING ZONING:R-3 RENTAL MULTI-FAMILYRESIDENTIAL DISTRICTEXISTING ZONING:C-1 COMMUNITY AND HIGHWAYSERVICE COMMERCIAL DISTRICTEXISTING ZONING:R-2 ONE AND TWO-FAMILYRESIDENTIAL DISTRICTEXISTING ZONING:R-2 ONE AND TWO-FAMILYRESIDENTIAL DISTRICT NW 10TH STREET NW YORKTOWN DRIVENW WILLIAMSBURG LANE NW DOUGLAS PARKWAYWAUKEECITY LIMITSWAUKEECITY LIMITSWAUKEECITY LIMITSUNINCORPORATEDDALLAS COUNTYNW STRATFORD DRIVE PROPOSED ZONING: PUD(UNDERLYING R-4)18.85 ACRESCIVIL DESIGN ADVANTAGE2108.640ENGINEER:TECH: REVISIONS DATE 11PUD REZONING MAP PHONE: (515) 369-4400 3405 S.E. CROSSROADS DRIVE, SUITE G GRIMES, IOWA 50111PETERSEN PROPERTY WAUKEE, IOWA PREPARED 08/31/2021 REVISED 09/16/2021WAUKEE, IOWAOWNERADJACENT OWNERSHIP N. WARRIOR LANE VICINITY MAPPUD REZONING DESCRIPTION (UNDERLYING R-2) NW 10TH STREET HICKMAN ROADSITEAPPLICANTENGINEERZONING NW DOUGLASPARKWAYPUD REZONING DESCRIPTION (UNDERLYING R-4) NOTIFICATIONBOUNDARYPROPOSEDZONING: C-1A6.42 ACRESREZONINGBOUNDARYEXISTING ZONING:A-1 AGRICULTURALDISTRICTEXISTING ZONING:A-1 AGRICULTURALDISTRICTEXISTING ZONING:A-1 AGRICULTURALDISTRICTEXISTING ZONING:A-1 AGRICULTURALDISTRICTNOTIFICATIONBOUNDARYREZONINGBOUNDARYNW 10TH STREET NW DOUGLAS PARKWAYNW STRATFORD DRIVE WAUKEECITY LIMITSWAUKEECITY LIMITSUNINCORPORATEDDALLAS COUNTYCIVIL DESIGN ADVANTAGE2108.640ENGINEER:TECH: REVISIONS DATE 11C-1A REZONING MAP PHONE: (515) 369-4400 3405 S.E. CROSSROADS DRIVE, SUITE G GRIMES, IOWA 50111PETERSEN PROPERTY WAUKEE, IOWA PREPARED 08/31/2021 REVISED 09/16/2021WAUKEE, IOWAOWNERADJACENT OWNERSHIP N. WARRIOR LANE VICINITY MAPC-1A REZONING DESCRIPTION NW 10TH STREET HICKMAN ROADAPPLICANTENGINEERZONING SITENW DOUGLASPARKWAY ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 169, ZONING ORDINANCE, CITY OF WAUKEE, IOWA BY AMENDING THE ZONING FROM A-1 (AGRICULTURAL DISTRICT) TO R-2 (ONE & TWO FAMILY RESIDENTIAL DISTRICT) / PD-1 (PLANNED DEVELOPMENT OVERLAY), R-4 (ROW DWELLING AND TOWNHOME DWELLING DISTRICT) / PD-1 (PLANNED DEVELOPMENT OVERLAY), AND C-1A (NIEGHBORHOOD COMMERCIAL DISTRICT) FOR CERTAIN PROPERTY [PETERSEN PROPERTY] BE IT ORDAINED by the Council of the City of Waukee: Section 1. Section 160.02 of Chapter 169, Waukee Municipal Code, Zoning Ordinance of the City, adopting the Official Zoning Map, is hereby amended by amending the zoning from A-1 (Agricultural District) to R-2 (One & Two Family Residential District) / PD-1 (Planned Development Overlay District) for property legally described as follows: A PART OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA AND A PART OF PARCEL 'A' AS SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 2003, PAGE 59 IN SAID NORTHEAST QUARTER AND ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 32, STRATFORD CROSSING PLAT 7, AN OFFICIAL PLAT IN SAID CITY OF WAUKEE, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF PARCEL 20-98 AS SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 2021, PAGE 13204 IN SAID NORTHEAST QUARTER; THENCE NORTH 89°58'33" EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL 20-98, A DISTANCE OF 748.48 FEET; THENCE SOUTH 00°01'35" EAST, 35.48 FEET; THENCE SOUTHERLY ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS IS 350.00 FEET, WHOSE ARC LENGTH IS 91.63 FEET AND WHOSE CHORD BEARS SOUTH 07°31'35" EAST, 91.37 FEET; THENCE SOUTH 15°01'35" EAST, 29.17 FEET; THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 350.00 FEET, WHOSE ARC LENGTH IS 91.63 FEET AND WHOSE CHORD BEARS SOUTH 07°31'35" EAST, 91.37 FEET; THENCE SOUTH 00°01'35" EAST, 295.02 FEET; THENCE SOUTH 89°59'28" WEST, 131.19 FEET; THENCE SOUTH 00°00'32" EAST, 130.00 FEET; THENCE SOUTH 89°59'28" WEST, 200.00 FEET; THENCE NORTH 00°00'32" WEST, 130.00 FEET; THENCE SOUTH 89°59'28" WEST, 55.00 FEET; THENCE SOUTH 00°00'32" EAST, 130.00 FEET; THENCE SOUTH 89°59'28" WEST, 395.27 FEET TO THE EASTERLY LINE OF STRATFORD CROSSING PLAT 6, AN OFFICIAL PLAT IN SAID CITY OF WAUKEE; THENCE NORTH 00°06'44" EAST ALONG SAID EASTERLY LINE AND THE EASTERLY LINE OF SAID STRATFORD CROSSING PLAT 7, A DISTANCE OF, 669.64 FEET TO THE POINT OF BEGINNING AND CONTAINING 11.35 ACRES (494,250 SQUARE FEET). PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. Section 2. Section 301.4 of Chapter 301, Waukee Municipal Code, Zoning Ordinance of the City, adopting the Official Zoning Map, is hereby amended by amending the zoning from A-1 (Agricultural District) to R-4 (Row Dwelling and Townhome Dwelling District) / PD-1 (Planned Development Overlay District) for property legally described as follows: A PART OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA AND A PART OF PARCEL 'A' AS SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 2003, PAGE 59 IN SAID NORTHEAST QUARTER AND ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 32, STRATFORD CROSSING PLAT 7, AN OFFICIAL PLAT IN SAID CITY OF WAUKEE, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF PARCEL 20-98 AS SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 2021, PAGE 13204 IN SAID NORTHEAST QUARTER; THENCE NORTH 89°58'33" EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL 20-98, A DISTANCE OF 748.48 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89°58'33" EAST ALONG SAID SOUTHERLY LINE, 17.21 FEET; THENCE SOUTH 89°28'00" EAST CONTINUING ALONG SAID SOUTHERLY LINE, 184.20 FEET; THENCE SOUTH 00°01'35" EAST, 330.53 FEET; THENCE NORTH 89°58'33" EAST, 65.05 FEET; THENCE SOUTH 00°00'32" EAST, 176.67 FEET; THENCE SOUTH 89°59'28" WEST, 5.00 FEET; THENCE SOUTH 00°01'35" EAST, 380.00 FEET; THENCE NORTH 89°59'30" EAST, 300.00 FEET TO THE WESTERLY RIGHT OF WAY LINE OF NW 10TH STREET; THENCE SOUTH 00°01'35" EAST ALONG SAID WESTERLY RIGHT OF WAY LINE, 146.72 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 'A'; THENCE SOUTH 85°19'48" WEST ALONG SAID SOUTHERLY LINE, 240.79 FEET TO THE NORTHWEST CORNER OF PARCEL 'B' AS SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 2003, PAGE 58 IN SAID NORTHEAST QUARTER; THENCE SOUTH 00°01'35" EAST ALONG THE WESTERLY LINE OF SAID PARCEL 'B' AND THE WESTERLY LINE OF TRACT 'B' AS SHOWN ON SAID PLAT OF SURVEY RECORDED IN BOOK 2003, PAGE 58, A DISTANCE OF 204.89 FEET TO THE SOUTHWEST CORNER OF SAID TRACT 'B', SAID POINT ALSO BEING ON THE NORTHERLY LINE OF STRATFORD CROSSING PLAT 1, AN OFFICIAL PLAT IN SAID CITY OF WAUKEE; THENCE SOUTH 89°57'31" WEST ALONG SAID NORTHERLY LINE AND THE EASTERLY LINE OF STRATFORD CROSSING PLAT 6, AN OFFICIAL PLAT IN SAID CITY OF WAUKEE, 1072.93 FEET; THENCE NORTH 00°06'44" EAST CONTINUING ALONG SAID EASTERLY LINE, 590.87 FEET; THENCE NORTH 89°59'28" EAST, 395.27 FEET; THENCE NORTH 00°00'32" WEST, 130.00 FEET; THENCE NORTH 89°59'28" EAST, 55.00 FEET; THENCE SOUTH 00°00'32" EAST, 130.00 FEET; THENCE NORTH 89°59'28" EAST, 200.00 FEET; THENCE NORTH 00°00'32" WEST, 130.00 FEET; THENCE NORTH 89°59'28" EAST, 131.19 FEET; THENCE NORTH 00°01'35" WEST, 295.02 FEET; THENCE NORTHERLY ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 350.00 FEET, WHOSE ARC LENGTH IS 91.63 FEET AND WHOSE CHORD BEARS NORTH 07°31'35" WEST, 91.37 FEET; THENCE NORTH 15°01'35" WEST, 29.17 FEET; THENCE NORTHERLY ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS IS 350.00 FEET, WHOSE ARC LENGTH IS 91.63 FEET AND WHOSE CHORD BEARS NORTH 07°31'35" WEST, 91.37 FEET; THENCE NORTH 00°01'35" WEST, 35.48 FEET TO THE POINT OF BEGINNING AND CONTAINING 18.85 ACRES (821,092 SQUARE FEET). PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. Section 3. Section 160.02 of Chapter 169, Waukee Municipal Code, Zoning Ordinance of the City, adopting the Official Zoning Map, is hereby amended by amending the zoning from A-1 (Agricultural District) to C-1A (Neighborhood Commercial District) for property legally described as follows: A PART OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA AND A PART OF PARCEL 'A' AS SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 2003, PAGE 59 IN SAID NORTHEAST QUARTER AND ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 20-98 AS SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 2021, PAGE 13204 IN SAID NORTHEAST QUARTER, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY LINE OF NW 10TH STREET; THENCE SOUTH 00°01'35" EAST ALONG SAID WESTERLY RIGHT OF WAY LINE, 817.45 FEET; THENCE SOUTH 89°59'30" WEST, 300.00 FEET; THENCE NORTH 00°01'35" WEST, 380.00 FEET; THENCE NORTH 89°59'28" EAST, 5.00 FEET; THENCE NORTH 00°00'32" WEST, 176.67 FEET; THENCE SOUTH 89°58'33" WEST, 65.05 FEET; THENCE NORTH 00°01'35" WEST, 330.53 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 20- 98; THENCE SOUTH 89°28'00" EAST ALONG SAID SOUTHERLY LINE, 54.01 FEET; THENCE SOUTH 83°49'15" EAST CONTINUING ALONG SAID SOUTHERLY LINE, 150.87 FEET; THENCE NORTH 89°58'33" EAST CONTINUING ALONG SAID SOUTHERLY LINE, 103.00 FEET; THENCE SOUTH 45°01'47" EAST CONTINUING ALONG SAID SOUTHERLY LINE, 74.96 FEET TO THE POINT OF BEGINNING AND CONTAINING 6.42 ACRES (279,769 SQUARE FEET). PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. Section 4. 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 5. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 6. 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 7. 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 __________, 2021, and approved this ____ day of _____________, 2021. Courtney Clarke, Mayor Attest: Rebecca D. Schuett, City Clerk Exhibit A PETERSEN PROPERTY PLANNED DEVELOPMENT CITY OF WAUKEE APPROVED BY WAUKEE CITY COUNCIL ON _____________________, 2021 TABLE OF CONTENTS PETERSEN PROPERTY PLANNED DEVELOPMENT • Rezoning Request • Exhibit B – Waukee PD Form • Exhibit C – Property Legal Description • Exhibit D – Rezoning Map • Exhibit E – Conceptual Development Plan Exhibit B | PETERSEN PROPERTY – PLANNED DEVELOPMENT Waukee, Iowa Planned Development Overlay District (PD) Item 1 Purpose and Scope of District • The subject property is generally located south of NW Douglas Parkway and west of NW 10th Street. • The proposed Planned Development is an approximately 36.62-acre parcel of property. The proposed Planned Development calls for a small lot single family and townhome development. • The proposed underlying zoning of the Property will be R-2 (One & Two Family Residential District) (Area A) and R-4 (Row Dwelling and Townhome Dwelling District) (Area B) defining the allowable uses, bulk regulations and restrictions. Item 2 Location, Size, Legal Description • See Attached: Exhibit C – Property Legal Description Item 3 Conceptual Development Plan • See Attached: Exhibit D – Rezoning Map *Exhibit E – Conceptual Development Plan *Exhibit E represents a conceptual development plan showing proposed development of 90 attached townhome/rowhow units and 51 small lot single family lots. Item 4 Building & Site Design Standards: Building design and site standards for the project shall be consistent with the Waukee Code of Ordinances as well as the additional design characteristics as follows: Area A: 1. Each single family home shall include a minimum of a two-car attached garage. 2. Each single family home shall require a minimum of 15% stone, brick or stucco on the front street facing elevation of the home. 3. Adjoining lots cannot consist of the same elevation. 4. Vinyl siding shall be permitted utilizing a 0.042-inch minimum thickness. Area B: 1. Each unit shall include a minimum of a two-car attached garage. 2. Each single family home shall require a minimum of 20% stone, brick or stucco on the front street facing elevation of the home. 3. Adjoining lots cannot consist of the same elevation. 4. Vinyl siding shall be permitted utilizing a 0.042-inch minimum thickness. Item 5 Bulk Regulations – Including Density Regulations, Setbacks, Maximum Heights, and other design standards specific to the Project Area A: All lots and homes shall be consistent with the R-2 One & Two Family Residential District requirements with the following exceptions and modifications as specified below: 1. Overall Maximum Density: Five (5) Dwelling units per acre maximum. 2. Minimum Floor Area: 1,100 square feet for a single-story home. 1,400 square feet for a two-story home. 3. Front Yard: Thirty (30’) feet. 4. Rear Yard: Twenty-five (25’) feet. 5. Side Yard (Total Building Separation): Ten (10’) feet. 6. Lot Area: 5,500 square feet. 7. Lot Width: 50 feet. 8. Lots 37 – 44 shown on Exhibit E cannot b platted as buildable lots until the existing communications tower has been removed from the site. Area B: Attached Townhomes and Detached Townhomes All lots and homes shall be consistent with the R-4 Row Dwelling and Townhome Dwelling District requirements with the following exceptions and modifications as specified below: 1. Overall Maximum Density: Twelve (12) Dwelling Units/Acre maximum and consistent with the conceptual development plan as described in attached Exhibit E. 3. Front Yard: Thirty (30’) feet for buildings or units along public street right-of- way. For all other units with internal front yards, the minimum front yard setback shall be twenty-five (25’) feet from the back of the curb. 4. Side Yards (Total Building Separation): Twelve (12’) feet between units, Fifteen (15’) from private street back-of-curb, twenty (20’) feet for greater than 8 units. 5. Rear Yards: Thirty (30’) feet for buildings or units along public street right- of-way. For all other units with internal rear yards, the minimum rear yard setback shall be thirty (30’) feet between units. Item 6 Uses of Property – Including Principal Permitted Uses and Accessory Uses Area A: Only those uses and accessory uses only as permitted within the R-2 (One & Two Family Residential District) Zoning District. Area B: Those uses and accessory uses only as permitted within the R-4 (Row Dwelling and Townhome Dwelling) Zoning District with the following exceptions and modifications as specified below: 1. Detached townhomes, provided a homeowners association is responsible for property maintenance. Item 7 Park Land Dedication, Open Space, Landscape and Buffer Regulations Area A: 1. Parkland Dedication shall be provided as required within the City of Waukee Code of Ordinances. 2. Minimum open space and landscaping shall be as described within the City of Waukee Code of Ordinances. 3. Two (2) trees and two (2) shrubs shal be planted at the time of individual lot development. Area B: 1. Parkland Dedication shall be provided as required within the City of Waukee Code of Ordinances. 2. Minimum open space and landscaping shall be as described within the City of Waukee Code of Ordinances. 3. Landscape buffers shall be provided as required by the Landscape & Open Space Ordinance with the following exceptions: a. Landscape buffer shall not be required for townhomes abutting single family lots when fronting a public street or across the street from a single-family lot. END OF DOCUMENT EXHIBIT C LEGAL DESCRIPTION Area A A PART OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA AND A PART OF PARCEL 'A' AS SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 2003, PAGE 59 IN SAID NORTHEAST QUARTER AND ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 32, STRATFORD CROSSING PLAT 7, AN OFFICIAL PLAT IN SAID CITY OF WAUKEE, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF PARCEL 20-98 AS SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 2021, PAGE 13204 IN SAID NORTHEAST QUARTER; THENCE NORTH 89°58'33" EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL 20-98, A DISTANCE OF 748.48 FEET; THENCE SOUTH 00°01'35" EAST, 35.48 FEET; THENCE SOUTHERLY ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS IS 350.00 FEET, WHOSE ARC LENGTH IS 91.63 FEET AND WHOSE CHORD BEARS SOUTH 07°31'35" EAST, 91.37 FEET; THENCE SOUTH 15°01'35" EAST, 29.17 FEET; THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 350.00 FEET, WHOSE ARC LENGTH IS 91.63 FEET AND WHOSE CHORD BEARS SOUTH 07°31'35" EAST, 91.37 FEET; THENCE SOUTH 00°01'35" EAST, 295.02 FEET; THENCE SOUTH 89°59'28" WEST, 131.19 FEET; THENCE SOUTH 00°00'32" EAST, 130.00 FEET; THENCE SOUTH 89°59'28" WEST, 200.00 FEET; THENCE NORTH 00°00'32" WEST, 130.00 FEET; THENCE SOUTH 89°59'28" WEST, 55.00 FEET; THENCE SOUTH 00°00'32" EAST, 130.00 FEET; THENCE SOUTH 89°59'28" WEST, 395.27 FEET TO THE EASTERLY LINE OF STRATFORD CROSSING PLAT 6, AN OFFICIAL PLAT IN SAID CITY OF WAUKEE; THENCE NORTH 00°06'44" EAST ALONG SAID EASTERLY LINE AND THE EASTERLY LINE OF SAID STRATFORD CROSSING PLAT 7, A DISTANCE OF, 669.64 FEET TO THE POINT OF BEGINNING AND CONTAINING 11.35 ACRES (494,250 SQUARE FEET). PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. Area B A PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M. AND A PART OF OUTLOT 'X', WAUKEE SECOND HIGH SCHOOL, AN OFFICIAL PLAT, ALL BEING IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 21; THENCE NORTH 89°46'00" WEST ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, 205.45 FEET; THENCE SOUTH 24°01'01" WEST, 116.63 FEET TO THE NORTH RIGHT OF WAY LINE OF NW DOUGLAS PARKWAY; THENCE NORTH 62°46'00" WEST ALONG SAID NORTH RIGHT OF WAY LINE, 94.19 FEET; THENCE WESTERLY CONTINUING ALONG SAID NORTH RIGHT OF WAY LINE AND A CURVE CONCAVE SOUTHERLY WHOSE RADIUS IS 1275.00 FEET, WHOSE ARC LENGTH IS 228.39 FEET AND WHOSE CHORD BEARS NORTH 67°53'55" WEST, 228.08 FEET; THENCE NORTH 24°01'01" EAST, 349.22 FEET; THENCE NORTH 24°01'01" EAST, 54.67 FEET; THENCE NORTH 24°01'01" EAST, 54.66 FEET; THENCE NORTH 23°54'10" EAST, 45.32 FEET; THENCE NORTH 17°07'26" EAST, 40.44 FEET; THENCE NORTH 06°01'42" EAST, 44.44 FEET; THENCE NORTH 00°10'00" WEST, 53.84 FEET; THENCE NORTH 02°23'15" WEST, 37.82 FEET; THENCE NORTH 13°02'20" WEST, 38.46 FEET; THENCE NORTH 24°47'24" WEST, 38.87 FEET; THENCE NORTH 38°16'40" WEST, 49.92 FEET; THENCE NORTH 52°54'02" WEST, 46.36 FEET; THENCE NORTH 67°11'29" WEST, 47.67 FEET; THENCE NORTH 80°50'49" WEST, 42.20 FEET; THENCE SOUTH 86°23'54" WEST, 41.62 FEET; THENCE SOUTH 72°37'06" WEST, 48.94 FEET; THENCE SOUTH 56°25'19" WEST, 58.79 FEET; THENCE SOUTH 49°45'01" WEST, 60.62 FEET; THENCE SOUTH 55°42'07" WEST, 71.81 FEET; THENCE SOUTH 62°09'20" WEST, 106.82 FEET; THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 300.00 FEET, WHOSE ARC LENGTH IS 28.88 FEET AND WHOSE CHORD BEARS SOUTH 09°15'45" EAST, 28.87 FEET; THENCE NORTH 89°40'07" WEST, 198.24 FEET; THENCE NORTH 89°46'17" WEST, 280.70 FEET; THENCE NORTH 00°14'00" EAST, 393.93 FEET; THENCE NORTH 82°51'04" EAST, 186.34 FEET; THENCE NORTH 73°23'20" EAST, 334.39 FEET; THENCE NORTH 19°14'30" EAST, 130.41 FEET; THENCE NORTH 73°00'47" EAST, 65.92 FEET; THENCE SOUTH 80°40'25" EAST, 321.35 FEET; THENCE SOUTH 89°12'27" EAST, 95.22 FEET; THENCE SOUTH 07°00'24" EAST, 54.81 FEET; THENCE SOUTH 52°36'44" EAST, 176.60 FEET; THENCE SOUTH 85°32'58" EAST, 142.20 FEET TO THE EAST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 00°13'36" EAST ALONG SAID EAST LINE, 1046.61 FEET TO THE POINT OF BEGINNING AND CONTAINING 20.30 ACRES (884,227 SQUARE FEET). THE PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. EXHIBIT D REZONING MAP EXHIBIT E CONCEPTUAL DEVELOPMENT PLAN