URBANDALE PLANNING AND ZONING COMMISSION MINUTES. June 11, 2018

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1 URBANDALE PLANNING AND ZONING COMMISSION MINUTES The Urbandale Planning and Zoning Commission met in regular session on Monday,, at the Urbandale City Hall, th Street. Vice-chairperson Paul Pick called the meeting to order at 6:00 p.m. Commissioners present were Wayne Van Heuvelen, Lesa Quinn, Kevin Gass, Judy Ralston-Hansen, Paul Pick and Joan Racki. Staff members present were Kristi Bales, Community Development Manager/Chief Planner, Sheena Nuetzman, Planner I, and Cheryl Vander Linden, Administrative Specialist. The first item on the agenda was approval of the minutes of the May 14, 2018 meeting. Mr. Gass moved, and it was seconded by Racki, to approve May 14, 2018 meeting minutes. On roll call; Ayes: Gass, Racki, Van Heuvelen, Quinn, Pick. Nays: none. Passes: Ralston-Hansen. Motion carried. The next item on the agenda was the Orchard View Townhomes Final Plat (100 th Street and Meredith Drive). Ms. Nuetzman said Orchard View Townhomes Final Plat ( th Street) This final plat pertains to the property located on the southeast corner of the intersection of 100 th Street and Meredith Drive. The acre parcel has approximately 200 feet of frontage along both Meredith Drive and 100 th Street. Access is restricted to one private drive located 230 feet south of the centerline of Meredith Drive. The property was rezoned from A-2 Estate Residential District to P.U.D., Planned Unit Development on September 26, The property is regulated by the Wieland Property P.U.D. Master Plan. The Preliminary Plat and Site Plan were approved on January 30, The final plat proposes 6 attached townhomes and 1 detached townhome, each with a 2-car attached garage in accordance with the P.U.D. Master Plan. The P.U.D. allows up to 8 dwelling units per acre. Each unit is on an individual, 1000 square foot lot having a dimension of 20 x50. The townhomes will be served by a private drive and will have a minimum setback of 25 feet from the back of the curb. The front elevation of the townhomes will face 100 th Street, with the exception of the stand-alone townhome which will face Meredith Drive. The garage entrance is located on the rear elevations of each townhome. Per the P.U.D. Master Plan, a 40-foot minimum building and landscape setback is shown along Meredith Drive and a 30-foot minimum building and landscape setback along 100 th Street with a berm, together with trees and shrubs in accordance with Section (D)(4)(b) of the Zoning Code. In addition, a 30-foot landscape and building setback is shown along the east property boundary with a berm and a row of coniferous trees. A 5-foot landscape buffer is also required on the southern property

2 Page 2 boundary which shows a continuous row of evergreen shrubs in accordance with the P.U.D. Parking at a rate of 1 space per 3 dwelling units is required in addition to that available in driveways for the common use of residents. Sanitary sewer service will be provided from a main located on the east property line from the adjacent residential development. Water service will be provided to each unit from the existing water main located along 100 th. The property to the north, across Meredith Drive, is the Foxdale Plat 2 residential development zoned R-1S Suburban Density Single Family District. The property to the west, across 100 th Street, is a child daycare business that is part of the Summer Ridge townhome development, zoned R-3 and south of that property is a parcel zoned R- 1S. Directly east and south of the subject property are single-family detached homes that are part of the Golf View Estates residential development, zoned R-1S. The property is located in the Urbandale School District and drains to North Walnut Creek. Ms. Nuetzman said Staff recommends approval of the final plat, subject to requiring the developer to: 1. Add addresses to each lot; pay the parkland fee of $13,800; remove Unit 7 from the Sanitary Sewer Easement (only landscaping and parking is allowed within the easement per the Hold Harmless Agreement) and provide an As-Built Setback Survey to verify the location of the foundation form prior to pouring; add the School District. 2. Provide a statement on the Plat indicating ownership of Outlot Z; add the following statement to the Plat: In any area where a public sanitary sewer, water main or storm sewer, the use of the PUE is subordinate to the use of a designated easement for sanitary sewer, water main or storm sewer purposes. Utilities located in the PUE that are in conflict with the use of a designated easement for sanitary sewer, water main or storm sewer purpose must relocate without expense to the owner of the sanitary sewer, water main or storm sewer. The use of the PUE is subordinate in perpetuity including any future use of the easement designated for sanitary sewer, water main or storm sewer purposes. ; revise the Storm Water Detention Easement to Storm Sewer and Surface Water Flowage Easement. ; provide easement descriptions; provide a bond to ensure the detention area is cleaned prior to it being turned over to the home owner s association; 3. Provide a Stormwater Facility Maintenance Agreement per the Post Construction Stormwater Ordinance; provide an As-Built Grading Survey per the City Subdivision Ordinance; at the time of the site as-built (to include location of retaining wall), provide signed calculations showing basin volume calculations by the contour-area method, and provide a signed affidavit that the storm water detention facility has

3 Page 3 been constructed in substantial conformance with the approved plan and confirming installation of restrictor; verify all inspection fees are paid before the Final Plat is recorded; pay sidewalk fee in the amount of $6,480; pay sewer collection fee of $4,200 if paid before June 30, 2018 (fee to change after June 30, 2018); submit water main reimbursement fee of $3, Ms. Ralston-Hansen asked what s being illustrated by the dotted line, where the little hand is, along the right side? Ms. Nuetzman said that s the sanitary sewer easement. They re allowed to place paving and landscape within that, with a hold-harmless agreement. Mr. Gass asked so those will face west, the front doors will be to the west? Ms. Nuetzman said yes. The front elevation of them will face west and the garages will face inwards, towards the east. Mr. Gass said this has absolutely nothing to do with what s the City has approved here, do we know if these will be rented or will they be sold? I ll let Mr. Hardisty answer that. Mr. Ryan Hardisty, Civil Design Advantage, 3405 SE Crossroads Drive, Grimes, said the purpose for platting this as a final plat is to divide this up into lots that can be sold. Right now the owner doesn t know if they will be for sale or if they ll be rented, but the purpose of this final plat is to plat them like a single family residence so they could be sold individually. Mr. Pick asked are you all right with all the staff recommendations? Mr. Hardisty said we are. Mr. Van Heuvelen moved, and it was seconded by Ralston-Hansen, to approve the Orchard View Townhomes Final Plat, subject to Staff recommendations. On roll call; Ayes: Van Heuvelen, Ralston-Hansen, Quinn, Racki, Gass, Pick; Nays: none. Passes: none. Motion carried.

4 Page 4 The next item on the agenda was the Shafer Property Rezoning from A-1 Agricultural Reserve District to P.U.D. Planned Unit Development District, 128 th Street and Meredith Drive. Mr. Pick said, if there are no objections, we will dispense with reading the following official publication: TO WHOM IT MAY CONCERN: OFFICIAL PUBLICATION Case No Notice is hereby given that the Urbandale Planning & Zoning Commission will hold a public hearing in the Urbandale City Hall, th Street, Urbandale, Iowa at 6:00 p.m. on Monday,, to consider a petition from C. Edward Shafer and Teresa J. Shafer, owners, to amend the Comprehensive Plan and rezone the following legally described property from A-1 Agricultural Reserve District to P.U.D. Planned Unit Development District: THE EAST ONE-THIRD (E 1/3) OF THE WEST THREE-QUARTERS (W 3/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION EIGHTEEN (18) OF TOWNSHIP SEVENTY-NINE (79) NORTH, OF RANGE TWENTY-FIVE (25), WEST OF THE 5TH P.M., POLK COUNTY, IOWA, CONTAINING 40 ACRES, MORE OR LESS AND THE EAST QUARTER (E 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION EIGHTEEN (18), TOWNSHIP SEVENTY-NINE (79) NORTH, RANGE TWENTY-FIVE (25), WEST OF THE 5TH P.M., NOW INCLUDED IN AND FORMING A PART OF THE CITY OF GRIMES, POLK COUNTY, IOWA. This property is located at the northwest corner of 128 th Street and Meredith Drive. The proposed rezoning would allow the property to be subdivided and developed into approximately 54 acres of industrial, approximately 15 acres of retail, and approximately 5 acres of business park/flex uses. More information on this proposed amendment to the Comprehensive Plan and rezoning can be obtained at the Department of Community Development, th Street, Urbandale, Iowa between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. All interested parties either for or against this proposal will be heard at the time and place set forth above. There were no objections to the official notice as published. Ms. Bales said we have received a request from the contract buyer, R & R Realty, to continue this for two weeks. They want to talk about a couple of things in the P.U.D. Master Plan. So at the end of this, I ll ask that you continue the public hearing without any action at this time. Since we sent public notice, we ll take any comments from people who here that have questions, but the presentation will continue in two weeks.

5 Page 5 Ms. Bales said this request pertains to 74 acres located on the northwest corner of the intersection of 128 th Street and Meredith Drive. The property currently has agricultural buildings and is used for agricultural purposes. The subject property has approximately 2,570 feet of frontage along 128 th Street and 1,250 feet along Meredith Drive. The Comprehensive Plan amendment and rezoning have been requested in order to subdivide and develop the property into approximately 54 acres of industrial land uses, approximately 15 acres of retail uses, and approximately 5 acres of business park/flex uses. The proposed Comprehensive Plan amendment and rezoning to P.U.D. appear to be reasonable and appropriate, given the location of the property at an intersection of these two arterial streets. Across 128 th Street to the east is the mixed use Paragon Office Park P.U.D. with the commercial/retail component adjacent to the east side of 128 th Street. To the southeast is the Timberbrooke North P.U.D. with the north half that fronts along Meredith Drive zoned for retail/commercial development. And to the south, across Meredith Drive, is the Day s Run West P.U.D. with commercial uses allowed adjacent to the intersection of 128 th Street and Meredith Drive, and the existing Day s Run West Villas are adjacent to the retail to the west along the remaining street frontage of Meredith Drive. The proposed preliminary layout for land uses on the subject property has the business park/flex uses across from the townhome development and the proposed retail uses towards the intersection of 128 th Street and Meredith Drive to mirror the retail land uses in the Days Run West P.U.D. Sanitary sewer service can be provided from an extension of the main from the east either along Meredith Drive or from the future extension of Plum Drive. Water service will be provided from the existing water main located along Meredith Drive. The property adjacent to the north and to the west is within the City of Grimes and is currently used for agricultural purposes. The property is located in the Urbandale School District. Ms. Bales said Staff recommends approval of the amendment to the Comprehensive Plan, and the rezoning of the property from A-1 Agricultural Reserve District to P.U.D. Planned Unit Development District, subject to the attached Shafer Property Planned Unit Development Master Plan. She asked if anyone had any comments or questions, at this time. Ms. Ralston-Hansen said I noticed that in the drawing that you have now, you have two parallel plots, but on the other one, you have it divided into threes going south to north. Ms. Bales said these are the actual legal descriptions of the two parcels under consideration. It s a good question. These are the three areas proposed in the P.U.D.

6 Page 6 So this is the overall 74 acres under consideration for zoning. Ms. Ralston-Hansen asked what s to the west of that? Ms. Bales said to the west of that is the City of Grimes and more agricultural land. Ms. Ralston-Hansen asked that s the city line? Ms. Bales said yes. This is our city line on the south side of Meredith, too. It s that part of Grimes that kind of comes and dog legs down into the city. Ms. Ralston-Hansen asked do we know what plans there are for that parcel, so will that affect the decision that we make? Ms. Bales said we do not know the plans for that, but I will make a note to ask that. Mr. Pick said, as this is a public hearing, the Commission will take comments from both proponents and opponents of this proposed rezoning. He asked first if there were any proponents wishing to speak? Seeing none, he asked for any opponents. There was no one who wished to speak in opposition. Ms. Quinn asked can I say undecided or can I pass on that? I m really concerned with the development that is west of there, and it s being developed huge along that area. But in the area that you re talking about, it s so industrial. Mr. Pick said that s the area that is in Grimes, to the west. Ms. Quinn said as you go down further, it s Urbandale, right? Ms. Bales said you mean back into the City, on Meredith? Ms. Quinn said 147 th Street, 148 th Street. Ms. Bales asked on Meredith, where the residential is? Ms. Quinn said yes. I m just concerned how far we re going to move industrial, because I know across the street, it s a huge industrial development. And as you go farther, there are some warehouses. But it s not far from here, that they are developing beautiful homes. Ms. Ralston-Hansen said this would be to bring those comments up at the next meeting, when we re soliciting comments. Mr. Pick said anything to the west of that, or any other area, if they want to build industrial, they have to request for a change in zoning, just like they re asking for a

7 Page 7 change in zoning on this. Ms. Quinn said but this is changing the zoning. Ms. Ralston-Hansen said just to continue the conversation right now. Ms. Bales said this is not your only opportunity to speak, if that helps. Mr. Gass moved, and it was seconded by Van Heuvelen, to continue to public hearing. On roll call; Ayes: Gass, Van Heuvelen, Quinn, Ralston-Hansen, Racki, Pick; Nays: none. Passes: none. Motion carried. Ms. Bales so, you will see this again in two weeks with more detail. The next item on the agenda was the public hearing on the Deer Creek Commercial Park Rezoning from R-1L Low Density Single Family District to C-N Neighborhood Convenience District, and Koalaty Time Child Care Site Plan No , th Street. Mr. Pick said, if there were no objections, he would waive the reading of the following official publication: TO WHOM IT MAY CONCERN: OFFICIAL PUBLICATION Case No Notice is hereby given that the Urbandale Planning & Zoning Commission will hold a public hearing in the Urbandale City Hall, th Street, Urbandale, Iowa at 6:00 p.m. on Monday,, to consider a petition from Michael M. Galloway and Jennifer G. Galloway, owners, to amend the Comprehensive Plan and to rezone the following legally described property from R-1L Low Density Single Family District to C-N Neighborhood Convenience: A PARCEL OF LAND IN PARCEL 'C' OF OUTLOT 'X', DEER CREEK COMMERCIAL PARK, AN OFFICIAL PARCEL RECORDED IN BOOK 15298, PAGE 967 AT THE POLK COUNTY RECORDERS OFFICE, CITY OF URBANDALE, POLK COUNTY, IOWA THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER OF SAID PARCEL 'C'; THENCE S84 41'57"E, FEET TO A POINT; THENCE S60 00'00"E, FEET TO A POINT ON THE EAST LINE OF SAID PARCEL 'C', SAID POINT ALSO BEING ON THE WEST RIGHT- OF-WAY LINE OF 128TH STREET AS IT IS PRESENTLY ESTABLISHED; THENCE SOUTHERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF FEET AND A CHORD BEARING S22 05'55"W, AN ARC LENGTH OF FEET ALONG SAID EAST LINE AND SAID WEST RIGHT-OF-WAY LINE TO THE SE CORNER OF

8 Page 8 SAID PARCEL 'C', SAID SE CORNER ALSO BEING THE NE CORNER OF LOT 4 OF DEER CREEK COMMERCIAL PARK, AN OFFICIAL PLAT RECORDED IN BOOK 8755, PAGE 147 AT THE POLK COUNTY RECORDER'S OFFICE; THENCE N74 00'30"W, FEET ALONG THE SOUTH LINE OF SAID PARCEL 'C' AND THE NORTH LINE OF SAID LOT 4 TO THE POINT OF BEGINNING AND CONTAINING 0.15 ACRES MORE OR LESS. This property is currently vacant. The rezoning is proposed to provide additional buildable area and parking area for the parcel adjacent to the south known locally as th Street. More information on this proposal can be obtained at the Department of Community Development, th Street, Urbandale, Iowa between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. All interested parties either for or against this proposed rezoning will be heard at the time and place set forth above. There are no objections to the official notice as published. Ms. Bales said the rezoning request pertains to a proposed parcel approximately 0.15 acres in size and located in the southern portion of Parcel C of Outlot X, of Deer Creek Commercial Park. The property is currently vacant. The Comprehensive Plan amendment and rezoning have been requested in order to accommodate an expansion of the existing Koalaty Time Child Care Center at th Street. The area being rezoned has approximately 30 feet of frontage along 128 th Street. The proposed Comprehensive Plan amendment and rezoning to C-N appear to be reasonable and appropriate, given the location of the property along 128 th Street and commercial zoning farther to the south along 128 th Street and across 128 th Street to the east. On July 5, 2005, the City Council approved a rezoning with conditions and a site plan for the existing day care facility. The building addition is proposed to be 1,685 square feet in size with a 3,612-square foot fenced play area. The site plan also includes an additional 14 parking spaces. Additional site work is proposed to reconfigure the ADA parking spaces and the fencing as required along the western and northern property lines. 87 total parking spaces will be provided, four of which are accessible spaces. On June 6, 2018, the Board of Adjustment approved a Conditional Use Permit for the expansion of the existing day care. The existing Conditional Use Permit was approved by the Board of Adjustment on July 13, Sanitary sewer service and water service will utilize existing service lines. Stormwater detention is provided off-site in a shared detention facility across 128 th Street. The proposed addition will utilize the same building materials (brick and concrete block) as the existing building, as required in the conditions of rezoning.

9 Page 9 The properties adjacent to the north, west, and south are zoned R-1L. Properties farther south along 128 th Street and across 128 th Street to the east are zoned C-N. The property is located in the West Des Moines School District and drains to Walnut Creek. Staff recommends approval of the amendment to the Comprehensive Plan and the rezoning of the property from R-1L Low Density Single Family District to C-N Neighborhood Convenience District. Staff also recommends approval of the site plan subject to requiring the developer to: 1. Update legal description/provide book & page number of Plat of Survey; building permits are required for the fences and the retaining wall (including engineering details); show location of 2,000 gallon grease interceptor; revise retaining wall location in northeast corner of the lot to be a 1:1 setback from the property line; show existing 6 fence along the western property line and where it will tie into the proposed fencing; revise building setbacks from all property lines to be 35 feet (per the conditions of rezoning); Sheet 3: revise address labels for adjoining property to the west and north; update sheet count to reflect Sheet 6; revise Sheet 6 to show no less than 5% of the total parking area is landscaped and the minimum ratio of two trees and six shrubs for every 2,500 square feet of required open space is being met; provide verification of plantings from the previously approved landscaping plan reinstall as needed (specifically the western and northern property lines); and incorporate all conditions from the Board of Adjustment action. 2. Show and label all existing on-site easements. Off-site easement documents will be required for all work outside of the site plan property; verify ADA compliance for sidewalk ramps along 128 th Street. Reconstruct ramps if necessary to meet compliance; verify if this expansion triggers any WRA/ grease interceptor requirements. 3. Show existing storm sewer going south along 128 th Street; add note for control of wet-sawcut slurry. Slurry from cutting concrete cannot enter storm system; provide size of proposed storm sewer laterals; provide updated Drainage Calculations showing that site still meets original detention design, or show provision for additional detention as necessary. Verify existing detention is in conformance with original approved plan. 4. Provide a Stormwater Facility Maintenance Agreement for the detention basins per the Post Construction Stormwater Ordinance (template to be provided by Comm. Dev. Dept.); at the time of the site as-built, provide signed calculations showing basin volume calculations by the contour-area method, and provide a signed affidavit that the storm water detention facility has been constructed in

10 Page 10 substantial conformance with the approved plan and confirming installation of orifice plates. 5. If an NPDES permit is required, provide copy of NPDES Permit and SWPPP prior to any grading work. Submit NPDES and SWPPP to Weekly inspection reports will also need to be submitted to this address. If an NPDES permit is not required, provide statement as to why. Ms. Ralston-Hansen asked what is just to the north? Ms. Bales said just to the north is vacant property. The Galloways who built this large house here own that property, and they re purchasing this sliver from the Galloways. So the Galloways actually own what would be three sides of the day care, the north, the west, and the south. It is zoned residential, it s part of their development. These four lots are zoned residential. You saw those as a final plat about a year and a half ago. Mr. Pick said as this is a public hearing, the Commission will take comments from proponents and opponents of this rezoning request and site plan. He asked if they were all right with the Staff recommendations. Mr. Ed Arp, Civil Engineering Consultants, th Street, Urbandale, said yes, we are. There was no one present who wished to speak in opposition. Mr. Van Heuvelen moved, and it was seconded by Ralston-Hansen, to close the public hearing. On roll call: Ayes: Van Heuvelen, Ralston-Hansen, Quinn, Gass, Racki, Pick; Nays: none. Passes: none. Motion carried. Ms. Ralston-Hansen moved, and it was seconded by Racki, to approve the Deer Creek Commercial Park Rezoning from R-1L to C-N and the Koalaty Time Child Care sit plan, subject to Staff recommendations. On roll call; Ayes: Ralston-Hansen, Racki, Van Heuvelen, Quinn, Gass, Pick; Nays: none. Passes: none. Motion carried. Regarding Staff reports, Ms. Bales said we will have your meeting on June 25, and it s a lengthy agenda, so I hope you can be here. And I will have your first meeting in July, as well. Mr. Pick said I will not be there on June 25. Ms. Racki said I won t, either. The meeting adjourned at 6:16 p.m.