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HomeMy WebLinkAbout2021-07-19-Ordinance 2997_Rezoning, Waukee Crossing 2, Book 2021 Page 23174II III IIIIII III IIIII IIIII IIII I I I I II I I I IIIII IIIII IIIII IIII III Doc ID: 008544550004 Type: ORD Recorded: 08/09/2021 at 09:27:29 AM Fee Amt: $22.00 Page 1 of 4 Dallas County Iowa Chad C. Airhart RECORDER File## BK2021 PG23174 Preparer Information: City of Waukee Development Services Department, 230 W. Hickman Rd., Waukee, IA 50263; 978-9533 Bill/Return Document to: City Clerk, City of Waukee, 230 W. Hickman Rd., Waukee, IA 50263; 978- 7904 ORDINANCE NO. 2997 AN ORDINANCE TO AMEND CHAPTER 169, ZONING ORDINANCE, CITY OF WAUKEE, IOWA BY AMENDING THE ZONING FROM A -I (AGRICULTURAL DISTRICT) TO R-2 (ONE AND TWO FAMILY RESIDENTIAL DISTRICT), R-3 (MULTI -FAMILY RESIDENTIAL DISTRICT), R-4 (ROW DWELLING & TOWNHOME DISTRICT), & C-1 (COMMUNITY & HIGHWAY SERVICE COMMERCIAL DISTRICT) FOR CERTAIN PROPERTY [WAUKEE CROSSING 21 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 following real estate (Property) from A-1 (Agricultural District) to R-2 (One & Two Family Residential District), legally described as follows: OUTLOT'T', THE COMMONS AT GREENWAY PLAT 1, AN OFFICIAL PLAT RECORDED IN BOOK 2020, PAGE 19500 AT THE DALLAS COUNTY RECORDER'S OFFICE, CITY OF WAUKEE, DALLAS COUNTY, IOWA AND A PARCEL OF LAND IN THE SEI/4 AND THE SWl/4 OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., CITY OF WAUKEE, DALLAS COUNTY, IOWA THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND STONE LOCATED AT THE CENTER OF SAID SECTION 28; THENCE S89030'40"E, 1809.33 FEET ALONG THE NORTH LINE OF SE1/4 OF SAID SECTION 28 TO THE NW CORNER OF INDIA RUN PLAT 2, AN OFFICIAL PLAT RECORDED IN BOOK 2018, PAGE 24075 AT THE DALLAS COUNTY RECORDER'S OFFICE, THENCE S13°06'53"W, 473.74 FEET ALONG THE WEST LINE OF SAID INDIA RUN PLAT 2 TO A POINT; THENCE S07°37'32"W, 467.38 FEET ALONG SAID WEST LINE TO THE SW CORNER OF LOT 18 OF SAID INDI RUN PLAT 2; THENCE S35°12'02"W, 41.35 FEET ALONG SAID WEST LINE TO THE WEST CORNER OF OUTLOT'W' OF SAID INDIA RUN PLAT 2, SAID WEST CORNER ALSO BEING ON THE EAST LINE OF OUTLOT'X' OF SAID THE COMMONS AT GREENWAY PLAT 1; THENCE N22031'53"W, 13.54 FEET ALONG THE EAST LINE OF SAID OUTLOT'X' TO NE CORNER OF SAID OUTLOT'X'; THENCE N89°38'32"W, 92.28 FEET ALONG THE NORTH LINE OF SAID THE COMMONS AT GREENWAY PLAT 1 TO THE NW CORNER OF SAID OUTLOT'X'; THENCE N22°33'03"W, 156.44 FEET ALONG SAID NORTH LINE TO THE NE CORNER OF LOT 1 OF SAID THE COMMONS AT GREENWAY PLAT 1; THENCE S6001 PI7"W, 173.63 FEET ALONG SAID NORTH LINE TO A POINT; THENCE S84058'59"W, 115.83 FEET ALONG SAID NORTH LINE TO A POINT; THENCE S77055'22"W, 121.27 FEET ALONG SAID NORTH LINE TO A POINT; THENCE S69032'37"W, 1 1 1.33 FEET ALONG SAID NORTH LINE TO THE EAST CORNER OF OUTLOT'T' OF SAID THE COMMONS AT GREENWAY PLAT 1; THENCE S49°12'04"W, 122.95 FEET ALONG THE SOUTH LINE OF SAID OUTLOT'T' TO A POINT; THENCE S66033'35"W, 325.11 FEET ALONG SAID SOUTH LINE TO THE SW CORNER OF SAID OUTLOT'T'; "THENCE S00°23'00"W, 629.07 FEET ALONG THE WEST LINE OF SAID THE COMMONS AT GREENWAY PLAT 1 TO THE SW CORNER OF OUTLOT'W' OF SAID THE COMMONS AT GREENWAY PLAT 1; THENCE N89041'09"W, 138.21 FEET TO A POINT ON THE CENTERLINE OF NW 2"" STREET AS IT IS PRESENTLY ESTABLISHED AND RECORDED IN BOOK 2020, PAGE 26800 AND 26792 AT THE DALLAS COUNTY RECORDER'S OFFICE; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1000.00 FEET AND A CHORD BEARING N38039'07"W, AN ARC LENGTH OF 771.06 FEET ALONG SAID CENTERLINE TO A POINT OF TANGENCY; THENCE N 16033'46"W, 182.61 FEET TO A POINT; THENCE N89°30'08"W, 935.13 FEET TO A POINT; THENCE NORTHWESTFRLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 800.00 FEET AND A CHORD BEARING N23017'14"W, AN ARC LENGTH OF 252.79 FEET TO A POINT OF TANGENCY; THENCE N32020'22"W, 214.69 FEET TO A POINT OF CURVATURE THENCE NORTHERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 510.00 FEET AND A CHORD BEARING N 17022'51 "W, AN ARC LENGTH OF 266.30 FEET TO A POINT OF TANGENCY; THENCE N05003' 1 1 "W, 221.83 FEET TO A POINT; THENCE N00°30'15"E, 171.34 FEET TO POINT ON THE NORTH LINE OF SAID SW 1/4; THENCE S89°29'45"E, 1332.27 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING AND CONTAINING 77.54 ACRES MORE OR LESS. Section 2. 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 following real estate from A-1 (Agricultural District) to R-3 (Multi - Family Residential District), legally described as follows: A PARCEL OF LAND IN THE NW 1/4 SW I/4 AND THE NEI/4 SWl/4 OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., CITY OF WAUKEE, DALLAS COUNTY, IOWA THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AS A POINT OF REFERENCE AT THE WI/4 CORNER OF SAID SECTION 28; THENCE S89°29'45"E, 407.82 FEET ALONG THE NORTH LINE OF SAID NW1/4 SWl/4 TO THE POINT OF BEGINNING; THENCE CONTINUING S89°29'45"E, 898.52 FEET ALONG SAID NORTH LINE TO A POINT; THENCE S00°30'15"W, 171.34 FEET TO A POINT; THENCE S05°03'1 1 "E, 221.83 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 510.00 FEET AND A CHORD BEARING S 17°22'51 "E, AN ARC LENGTH OF 266.30 FEET TO A POINT OF TANGENCY; THENCE S32°20'22"E, 214.69 FEET TO A POINT OF CURVATURE; THENCE SOUTHERNLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 800.00 FEET AND A CHORD BEARING SI6°03'50"E, AN ARC LENGTH OF 454.50 FEET TO A POINT OF TANGENCY; THENCE S00° 12'42"W, 66.33 FEET TO THE NE CORNER OF LOT 2, WAUKEE DEVELOPMENT PLAT NO 1, AN OFFICIAL PLAT RECORDED IN BOOK 4, PAGE 95 AT THE DALLAS COUNTY RECORDER'S OFFICE; THENCE N89029'10"W, 1238.05 FEET ALONG THE NORTH LINE OF SAID WAUKEE DEVELOPMENT PLAT NO 1 TO A POINT; THENCE N00° 10'49"E, 1319.01 FEET ALONG A LINE THAT IS PARALLEL TO THE WEST LINE OF SAID NW 1/4 SW I/4 TO THE POINT OF BEGINNING AND CONTAINING 31.64 ACRES. 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 following real estate from A-1 (Agricultural District) to R-4 (Row Dwelling & Townhome District), legally described as follows: A PARCEL OF LAND IN THE SEl/4 AND THE SWIA OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., CITY OF WAUKEE, DALLAS COUNTY, IOWA THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF LOT 2, WAUKEE DEVELOPMENT PLAT NO 1, AN OFFICIAL PLAT RECORDED IN BOOK 4, PAGE 95 AT THE DALLAS COUNTY RECORDER'S OFFICE; THENCE N00°12'42"E, 66.33 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 800.00 FEET AND A CHORD BEARING N07000'41"W, AN ARC LENGTH OF 201.71 FEET TO A POINT; THENCE S89°30'08"E, 935.13 FEET TO A POINT ON THE CENTERLINE OF NW 2ND STREET AS IT IS PRESENTLY ESTABLISHED AND RECORDED IN BOOK 2020, PAGE 26800 AND 26792 AT THE DALLAS COUNTY RECORDER'S OFFICE; THENCE SI6°33'46"E, 182.61 FEET ALONG SAID CENTERLINE TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1000.00 FEET AND A CHORD BEARING S38039'07"E, AN ARC LENGTH OF 771.06 FEET ALONG SAID CENTERLINE TO POINT; THENCE N89041'09"W, 57.45 FEET TO A POINT; THENCE S00°18'51 "W, 191.96 FEET ALONG A LINE THAT COINCIDES WITH THE WEST LINE OF WAUKEE CROSSING PLAT 1, AN OFFICIAL PLAT RECORDED IN BOOK 2020, PAGE 1336 AT THE DALLAS COUNTY RECORDER'S OFFICE, TO A POINT ON THE WEST LINE OF SAID WAUKEE CROSSING PLAT 1, SAID POINT ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF WARRANTY DEED RECORDED IN BOOK 1999. PAGE 386 AT THE DALLAS COUNTY RECORDER'S OFFICE; THENCE N36°42'24"W, 1.14 FEET ALONG SAID NORTH LINE TO A POINT; THENCE N89029'09"W, 1375.98 FEET ALONG SAID NORTH LINE TO A POINT ON THE EAST LINE OF LOT 2 OF SAID WAUKEE DEVELOPMENT PLAT NO 1; THENCE N00012'42"E, 682.90 FEET ALONG SAID EAST LINE TO "THE POINT OF BEGINNING AND CONTAINING 25.04 ACRES MORE OR LESS. Section 4. 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 following real estate from A-1 (Agricultural District) to C-1 (Community & Highway Service Commercial District), legally described as follows: A PARCEL OF LAND IN THE NWIA SW1/4 OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., CITY OF WAUKEE, DALLAS COUNTY, IOWA THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WIA CORNER OF SAID SECTION 28; THENCE S89°29'45"E, 407.82 FEET ALONG THE NORTH LINE OF SAID NW 1/4 SW 1/4 TO A POINT; THENCE S00° 10'49"W, 1319.01 FEET ALONG A LINE PARALLEL TO THE WEST LINE OF SAID NW1/4 SWIA TO A POINT ON THE SOUTH LINE OF SAID NWIA SW1A, SAID POINT ALSO BEING ON THE NORTH LINE OF WAUKEE DEVELOPMENT PLAT NO 1, AN OFFICIAL PLAT RECORDED IN BOOK 4, PAGE 95 AT THE DALLAS COUNTY RECORDER'S OFFICE; THENCE N89029'10"W, 407.82 FEET ALONG THE SOUTH LINE OF SAID NWIA SWIA, SAID SOUTH LINE ALSO BEING THE NORTH LINE OF SAID WAUKEE DEVELOPMENT PLAT NO 1 , TO THE SW CORNER OF SAID NW1/4 SW1/4, SAID SW CORNER ALSO BEING THE NW CORNER OF SAID WAUKEE DEVELOPMENT PLAT NO 1 ; THENCE N00°10'49"E, 1318.94 FEET ALONG THE WEST LINE OF SAID NW 1/4 SW1A TO THE POINT OF BEGINNING AND CONTAINING 12.35 ACRES INCLUDING 1.67 ACRES OF PUBLIC RIGHT-OF-WAY EASEMENT MORE OR LESS. Section 5. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 6. Severabilily 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 19t' day of July, 2021, and approved this 19' day of July, 2021. o� Courtney Clarke, Mayor ttest: Rebecca D. Schuett, City Clerk