UPDATE: Kurt Schade Says Schade Creek May Never Open to the Public

Court papers show Schade Creek Vineyard & Winery owner Kurt Schade has paid fines he accrued this summer after not complying with Waukee city ordinances.

In June, the city of Waukee filed a lawsuit against Schade, owner of Schade Creek Vineyard & Winery, for multiple violations of city ordinances. A judge ordered Schade to pay $750 in civil penalties. The case was closed on Aug. 27.

At the center of the lawsuit is the outbuilding on the property that houses the winery. It's not in compliance with city code and is not, by law, available for parties and events until it's properly zoned.

At a June meeting of the Waukee Planning & Zoning Commission, the board voted to table a proposal to rezone Schade Creek from an agricultural entity to a planned urban development that would allow it to host events, as well as sell wine on the property. To date, the city and Schade have not come to an agreement.

"Dealing with the city of Waukee has been like jumping through a moving hoop that is on fire," wrote Schade in an e-mail to Waukee Patch. "What they say one day is not applicable the next day."

Schade said he has recently tried to renegotiate the terms of a rezoning agreement through an attorney but was unable to do so.

One of the prevailing issues in the rezoning of Schade Creek is the lack of a right-of-way agreement between Schade and the city.

A right-of-way agreement grants a municipality, like the city of Waukee, rights to a landowner's property for whatever purpose it chooses. Right-of-way agreements are common in both rural and urban communities where development could occur.

The Schade Creek Vineyard & Winery, near the intersection of University Avenue and Warrior Lane, sits on a tract of land that will one day be the site of an expansion of University Avenue. With any right-of-way agreement, use of the landowner's property is affected.

At the June planning & zoning meeting, Schade said a possible right-of-way would destroy vines on the property affecting future wine production.

Schade says he's not sure the winery will ever be able to open its doors to the public in Waukee.

"This was never a money making venture for us, simply a passion and hobby we were willing to share with others," he said. "It would have put the town of Waukee on every tourism map. It would have brought revenue to other businesses in Waukee. It would have given the residents of Waukee the opportunity to experience something truly unique and take pride in bringing their friends."

Brad Deets, interim city administrator, said that Schade Creek has not violated city ordinances since this summer and said there is still no agreement in place for rezoning.

If you read this story, you might also be interested in:

• Schade Creek Winery Rezoning Tabled Because of Lack of Right-of-Way Agreement
• Is There a Resolution to the Schade Creek Dispute?
• Schade Creek Vineyard Owner Says City Officials Are Trying to Force Him Out of Waukee
• Waukee Winery Owner Confronts Council Member With Accusations of Vendetta
• PHOTOS: Schade Creek Vineyard & Winery