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HomeMy WebLinkAbout2022-03-07-H02 Indi Run Plat 4 Rezoning_PH AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: March 7, 2022 AGENDA ITEM: Public hearing on an ordinance to amend Chapter 169, Zoning Ordinance, City of Waukee, Iowa, by rezoning certain property from R-2 (One & Two Family Residential District) to R-2 (One & Two Family Residential District) / PD-1 (Planned Development Overlay) and R-4 (Row Dwelling & Townhome District) [Indi Run Plat 4] FORMAT: Public Hearing SYNOPSIS INCLUDING PRO & CON: The subject property is located north of Hickman Road and west of NW 2nd Street. The property was zoned in 2021 as part of the larger Waukee Crossing Plat 2 rezoning request. The applicant requests to rezone portions of the property from R-2 to R- 2/PD-1 (9.74-acres), R-2 to R-4 (3.59-acres) and R-2 to R-4 (3.21-acres). The areas outside of the rezoning are proposed to remain R-2 zoned. The applicant has submitted consent from greater than 50% of property owners within 250-feet of the property to be rezoned. Notification to adjacent property owners was mailed on February 11, 2022. The rezoning signs were placed on the property by the February 14, 2022 deadline. Staff has not received any correspondence regarding this request. The concept plan provided shows 83 single family lots and 12 two- family (duplex) lots. Lots 25 – 64 shown on the concept plan are the lots proposed to be zoned R-2/PD-1. Similar to previous small lot project, the Planned Development includes specific provisions related to architecture, landscaping, and square footage. Outlots U and Z are the two areas proposed to be rezoned from R-2 to R-4. It is anticipated that Outlot U will be combined with a proposed townhome project to the north. Outlot Z could also be combined with the existing townhome project to the east. Landscape buffers will be required along all lots that abut NW 2nd Street and NW Sunrise Drive. Landscape buffers will be required along the portions proposed to be rezoned to R-4 where they would abut R-2 zoning. Multiple public street extensions would occur as part of this development. NW Sunrise Drive would be extended from the east and connect to the roundabout at the intersection with NW 2nd Street. It is anticipated that a 10-foot trail will be installed along the north side of NW Sunrise Drive. Public sanitary sewer and water main will serve the proposed development. Stormwater detention is shown to be provided within Outlots T, W, and X. H2 Parkland dedication requirements will apply to the project because of its residential nature. The required amount of parkland is 3.03-acres. Outlot Y (4.06-acres) and Outlot W (2.83) acres are identified as potential parkland dedication. The subject property is classified as Single Family Residential in the Imagine Waukee 2040: Comprehensive Plan. 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. The proposed density of the small lot single family single-family portion of the rezoning request would be approximately 4 units per acre. In addition, the concept demonstrates a variety of lots sizes for homes to be built upon. The development will also provide varying price points for homebuyers. A portion of the property is also identified as Medium Density Residential, which 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. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: The Planning and Zoning Commission reviewed the rezoning request on February 23, 2022, and recommended approval: Approval of a Rezoning related to a change from R-2 ( One & Two Family Residential District) to R-2 ( One & Two Family Residential District)/ PD-1 (Planned Development Overlay) and R-4 ( Row Dwelling & Townhome District) [Indi Run Plat 4] Commissioner Inman recuses herself due to a conflict of interest Community Development Director, Andy Kass, introduced the request for rezoning for a single family and medium density residential development as submitted by the applicant, Solid Ground , LLC. The property is generally located east of NW 2nd Street and north of Hickman Road, containing approximately 16.54 acres. Areas outside of the rezoning are proposed to remain R-2 zoned. The applicant has submitted over 50% consent to the rezoning from adjacent property owners and notice of the rezoning was mailed on February 11,2022, and signs were posted on the property February 14th, 2022. To date staff has not received communication regarding the rezoning. Mr. Kass advised that the concept plan shows 83 single family lots and 12 two-family (duplex) lots. Lots 25-64 will include a planned development. It is anticipated that outlot U will be combined with a proposed townhome project to the north and Outlot Z could also be combined with an existing townhome project to the east. Landscape buffers are required on all lots that abut NW 2nd Street and NW Sunrise Drive, as well as portions of the areas being proposed as R-4. Public street extensions will be required with the project and utilities are being installed to serve the site. Storm water detention is shown within Outlots T,W, and X. Parkland dedication requirements will apply to the project. Mr. Kass advised that staff would recommend approval of the rezoning as it is generally consistent with the Comprehensive Plan and allows variety in housing options.  Commissioner Gerlitz questioned if there is an approved plan to the south. Mr. Kass advised that the zoning is in place already for the project identified.  Commissioner Koshy questioned if there is the same owner for the surrounding area. Mr. Kass advised there were several owners in the area and that the areas that were anticipated to be incorporated to other projects could potentially have stand alone developments if the size of the parcel was large enough. Commissioner Gerlitz moved to approve the rezoning related to a change from R-2 ( One & Two Family Residential District) to R-2 ( One & Two Family Residential District)/ PD-1 (Planned Development Overlay) and R-4 ( Row Dwelling & Townhome District) [Indi Run Plat 4]. Commissioner Streit seconded the motion. Ayes: Hoifeldt, Streit, Koshy, Tessau, and Gerlitz. 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, Community Development Director REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: Dallas County News DATE OF PUBLICATION: February 24, 2022 PLANNING AND ZONING COMMISSION STAFF REPORT PROJECT: Indi Run Plat 4 – Rezoning PREPARED BY: Andy Kass AICP, Community Development Director REPORT DATE: February 18, 2022 MEETING DATE: February 23, 2022 GENERAL INFORMATION Applicant: Solid Ground, LLC Owner: Phillip E Broderick, LLC & Charlotte R Broderick, LLC Owner’s Representative: Doug Mandernach – Civil Design Advantage Request: The applicant is requesting approval of a rezoning for a single-family and medium density residential subdivision. Location and Size: Property is generally located north of Hickman Road and east of NW 2nd Street, containing approximately 16.54-acres. AREA MAP ABOVE LEFT: Concept plan of the development identifying the area proposed to be rezoned. The areas outlined in BLUE are the areas proposed to be rezoned. February 18, 2022 2 of 3 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 R-2 (One & Two Family Residential) North Prairie Rose Single Family Residential R-2 (One & Two Family Residential) / PD- 1 (Planned Development Overlay) & R-4 (Row Dwelling & Townhome District) South Vacant – Undeveloped Medium Density Residential R-4 (Row Dwelling & Townhome District) East Commons at Greenway & Indi Run Plats 1 – 3 Single Family Residential / Medium Density Residential R-2 (One & Two Family Residential) & R- 4 (Row Dwelling & Townhome District) / PD-1 (Planned Development Overlay) West Waukee Crossing Plat 2 Single Family Residential / Medium Density Residential R-2 (One & Two Family Residential) & R- 4 (Row Dwelling & Townhome District) BACKGROUND The subject property is located north of Hickman Road and west of NW 2nd Street. The property was zoned in 2021 as part of the larger Waukee Crossing Plat 2 rezoning request. The applicant requests to rezone portions of the property from R-2 to R-2/PD-1 (9.74-acres), R-2 to R-4 (3.59-acres) and R-2 to R-4 (3.21-acres). The areas outside of the rezoning are proposed to remain R-2 zoned. The applicant has submitted consent from greater than 50% of property owners within 250-feet of the property to be rezoned. Notification to adjacent property owners was mailed on February 11, 2022. The rezoning signs were placed on the property by the February 14, 2022 deadline. Staff has not received any correspondence regarding this request. PROJECT DESCRIPTION The concept plan provided shows 83 single family lots and 12 two-family (duplex) lots. Lots 25 – 64 shown on the concept plan are the lots proposed to be zoned R-2/PD-1. Tables 1 and 2 below summarize the standards for the R-2 and proposed R-2/PD-1 districts. Outlots U and Z are the two areas proposed to be rezoned from R-2 to R-4. It is anticipated that Outlot U will be combined with a proposed townhome project to the north. Outlot Z could also be combined with the existing townhome project to the east. Landscape buffers will be required along all lots that abut NW 2nd Street and NW Sunrise Drive. Landscape buffers will be required along the portions proposed to be rezoned to R-4 where they would abut R-2 zoning. Table 1: Standard R-2 requirements. Category Standard R-2 (minimum) Lot Area 8,000 square feet per Lot Width 65 feet Front Yard Setback 30 feet Rear Yard Setback 30 feet Side Yard Setback 15 feet (total) February 18, 2022 3 of 3 Table 2: Proposed R-2/PD-1 requirements. Category Standard R-2/PD-1 (minimum) Lot Area 6,000 square feet per Lot Width 50 feet Front Yard Setback 30 feet Rear Yard Setback 30 feet Side Yard Setback 10 feet (total) 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 these lots when developed:  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 25% stone, brick, or stucco on the front of the home facing the public street;  Vinyl siding is prohibited; and  Two (2) trees and two (2) shrubs planted on each lot at the time of individual lot development. Multiple public street extensions would occur as part of this development. NW Sunrise Drive would be extended from the east and connect to the roundabout at the intersection with NW 2nd Street. It is anticipated that a 10-foot trail will be installed along the north side of NW Sunrise Drive. Public sanitary sewer and water main will serve the proposed development. Stormwater detention is shown to be provided within Outlots T, W, and X. Parkland dedication requirements will apply to the project because of its residential nature. The required amount of parkland is 3.03-acres. Outlot Y (4.06-acres) and Outlot W (2.83) acres are identified as potential parkland dedication. COMPREHENSIVE PLAN The subject property is classified as Single Family Residential in the Imagine Waukee 2040: Comprehensive Plan. 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. The proposed density of the small lot single family single-family portion of the rezoning request would be approximately 4 units per acre. In addition, the concept demonstrates a variety of lots sizes for homes to be built upon. The development will also provide varying price points for homebuyers. A portion of the property is also identified as Medium Density Residential, which 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. 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 Indi Run Plat 4. NW 2ND STREETNW SUNRISE DRIVEPROPOSED ZONING: PD-1(UNDERLYING R-2)9.74 ACRESPH: (515) 369-4400 Fax: (515) 369-4410 3405 SE Crossroads Drive, Suite G CIVIL DESIGN ADVANTAGE1806.355INDI RUN ENGINEER:TECH: REVISIONS DATE WAUKEE, IOWA1 Grimes, Iowa 50111 PREPARED 01-03-221PD-1 REZONE MAP OWNERAPPLICANTZONINGBULK REGULATIONS··············ADJACENT OWNERSHIP REZONING DESCRIPTIONWAUKEE, IOWAN. WARRIOR LANE VICINITY MAPNW 10TH STREET HICKMAN ROADNW DOUGLASPARKWAYSITE NW 2ND STREETPROPOSED ZONING: R-4(UNDERLYING R-2)3.59 ACRESPH: (515) 369-4400 Fax: (515) 369-4410 3405 SE Crossroads Drive, Suite G CIVIL DESIGN ADVANTAGE1806.355INDI RUN ENGINEER:TECH: REVISIONS DATE WAUKEE, IOWA1 Grimes, Iowa 50111 PREPARED 01-03-221R-4 REZONE MAP OWNERAPPLICANTZONINGADJACENT OWNERSHIP WAUKEE, IOWAN. WARRIOR LANE VICINITY MAPNW 10TH STREET HICKMAN ROADNW DOUGLASPARKWAYSITEREZONING DESCRIPTIONBULK REGULATIONS······ NW SUNRISE DRIVEPROPOSED ZONING: R-4(UNDERLYING R-2)3.21 ACRESPH: (515) 369-4400 Fax: (515) 369-4410 3405 SE Crossroads Drive, Suite G CIVIL DESIGN ADVANTAGE1806.355INDI RUN ENGINEER:TECH: REVISIONS DATE WAUKEE, IOWA1 Grimes, Iowa 50111 PREPARED 01-03-221R-4 REZONE MAP OWNERAPPLICANTZONINGBULK REGULATIONS······ADJACENT OWNERSHIP WAUKEE, IOWAN. WARRIOR LANE VICINITY MAPNW 10TH STREET HICKMAN ROADNW DOUGLASPARKWAYSITEREZONING DESCRIPTION OUTLOT 'T'OUTLOT 'U'OUTLOT 'X'OUTLOT 'Z'OUTLOT 'Y'OUTLOT 'V'OUTLOT 'W'1245678232491011212212131819201415161765697172747677788693484950515253545556575859444745466061626364252627414243282930313940323334353637389587NW SUNRISE DRIVENW LABRADOR DRIVECIR.NW SHORTHAIR STREETNW PRAIRIE ROSE LANENW RYDER DRIVE NW L A B R A D O R D R I V ENW 2ND STREETNWINDEPENDENCE9573666768707594929190858483828180798988S07°37'00"W 467.43'S35°21'34"W 41.27'N22°32'24"W 13.56'N89°38'24"W 92.28'N22°32'24"W156.44'S60°07 '29 "W173.61 'S84°59'07"W115.83'S77°55'30"W121.27'S69°32'45"W111.33'S4 9 ° 1 8 ' 3 2 "W 1 2 3 . 0 3 'S66°31'40"W 324.97'S00°23'09"W 638.79'Δ=51°47'19"L=858.69'R=950.00'CH=829.75'CHB=N42°26'59"WN16°33'19"W 411.45'Δ=33°30'59"L=555.72'R=950.00'CH=547.83'CHB=N00°12'10"EN16°57'13"E 55.69'N76°13'32"E 102.92'N21°51'33"E 120.00'N30°32'14"W 95.03'S89°30'29"E 1797.97'S13°0 6 ' 0 8 " W 4 7 3 . 6 9 ' CIVIL DESIGN ADVANTAGE1806.355INDI RUN PLAT 4 ENGINEER:TECH: REVISIONS DATE WAUKEE, IOWA1 FIRST SUBMITTAL 12/21/2021 PHONE: (515) 369-4400 4121 NW URBANDALE DRIVE URBANDALE, IOWA 50322 SECOND SUBMITTAL 02/15/20221OVERALL CONCEPT LOT TYPE SUMMARY····················· ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 169, ZONING ORDINANCE, CITY OF WAUKEE, IOWA BY AMENDING THE ZONING FROM R-2 (ONE AND TWO FAMILY RESIDENTIAL DISTRICT) TO R-2 (ONE AND TWO FAMILY RESIDENTIAL DISTRICT) AND PD-1 (PLANNED DEVELOPMENT OVERLAY) FOR CERTAIN PROPERTY [INDI RUN PLAT 4] 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 R- 2 (One & Two Family Residential 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 SOUTHWEST QUARTER AND A PART OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 28; THENCE SOUTH 00°18'51" WEST ALONG THE EASTERLY LINE OF SAID SOUTHWEST QUARTER, 197.22 FEET TO THE EASTERLY RIGHT OF WAY LINE OF NW 2ND STREET AND THE POINT OF BEGINNING; THENCE NORTH 76°13'12" EAST ALONG SAID EASTERLY RIGHT OF WAY LINE, 16.22 FEET; THENCE SOUTH 76°22'22" EAST, 142.87 FEET; THENCE SOUTH 65°19'51" EAST, 129.38 FEET; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS IS 2965.00 FEET, WHOSE ARC LENGTH IS 412.11 FEET AND WHOSE CHORD BEARS SOUTH 61°20'57" EAST, 411.78 FEET; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS IS 2035.00 FEET, WHOSE ARC LENGTH IS 75.25 FEET AND WHOSE CHORD BEARS SOUTH 58°25'36" EAST, 75.25 FEET; THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 25.00 FEET, WHOSE ARC LENGTH IS 37.75 FEET AND WHOSE CHORD BEARS SOUTH 16°13'39" EAST, 34.26 FEET; THENCE SOUTH 27°01'52" WEST, 159.93 FEET; THENCE NORTH 62°58'08" WEST, 125.28 FEET; THENCE SOUTH 33°15'21" WEST, 108.08 FEET; THENCE SOUTH 39°54'11" WEST, 61.31 FEET; THENCE SOUTH 46°43'40" WEST, 61.31 FEET; THENCE SOUTH 53°33'10" WEST, 61.31 FEET; THENCE SOUTH 60°22'40" WEST, 61.31 FEET; THENCE SOUTH 67°12'02" WEST, 61.27 FEET; THENCE SOUTH 72°46'50" WEST, 54.66 FEET; THENCE SOUTH 73°26'14" WEST, 229.99 FEET TO SAID EASTERLY RIGHT OF WAY LINE OF NW 2ND STREET; THENCE NORTH 16°33'46" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE, 176.61 FEET; THENCE NORTHERLY CONTINUING ALONG SAID EASTERLY RIGHT OF WAY LINE AND A CURVE CONCAVE EASTERLY WHOSE RADIUS IS 950.00 FEET, WHOSE ARC LENGTH IS 555.70 FEET AND WHOSE CHORD BEARS NORTH 00°11'42" EAST, 547.82 FEET; THENCE NORTH 16°57'09" EAST CONTINUING ALONG SAID EASTERLY RIGHT OF WAY LINE, 55.31 FEET; THENCE NORTH 76°13'12" EAST CONTINUING ALONG SAID EASTERLY RIGHT OF WAY LINE, 86.92 FEET TO THE POINT OF BEGINNING AND CONTAINING 9.74 ACRES (424,420 SQUARE FEET). PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. Section 2. 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 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. 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 5. 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 __________, 2022, and approved this ____ day of _____________, 2022. Courtney Clarke, Mayor Attest: Rebecca D. Schuett, City Clerk Exhibit A Indi Run Plat 4 – Small Lot Single Family Residential Development PLANNED DEVELOPMENT CITY OF WAUKEE APPROVED BY WAUKEE CITY COUNCIL ON _____________________, 2022 TABLE OF CONTENTS INDI RUN PLAT 4 SMALL LOT SINGLE FAMILY RESIDENTIAL 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 | INDI RUN PLAT 4 SMALL LOT SINGLE FAMILY RESIDENTIAL – PLANNED DEVELOPMENT Waukee, Iowa Planned Development Overlay District (PD) Item 1 Purpose and Scope of District • The subject property is located within a portion of the Indi Run Plat 4 development which is generally located north of Hickman Road and east of NW 2nd Street. • The proposed Planned Development is an approximately 9.75 acre parcel of property that is located within the larger Indi Run Plat 4 Development. The proposed Planned Development calls for the development of 40 single family residential lots. • The existing zoning of the Property is R-2 (One & Two Family Residential District) • The proposed underlying zoning of the Property will be R-2 (One and Two Family Residential District) with the Planned Development Overlay (PD-1) defining the allowable uses, bulk regulations and restrictions. Item 2 Location, Size, Legal Description • See Attached: Exhibit C – Legal Description Exhibit D – Rezoning Map Item 3 Conceptual Development Plan • See Attached: Exhibit E – Conceptual Development Plan • Exhibit E represents a conceptual development plan showing proposed development of 40 single family lots in addition to the larger Indi Run Plat 4 development. Item 4 Building Design Standards, including height, materials, sections and other information required to describe the project 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: 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 25% 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 prohibited. Item 5 Bulk Regulations – Including Density Regulations, Setbacks, Maximum Heights, and other design standards specific to the Project Single Family Residential All lots and homes shall be consistent with the R-2 One and Two Family Residential District requirements with the following exceptions and modifications as specified below: 1. Density: Five (5) Dwelling Units/Acre maximum 2. Minimum Floor Area: 1,100 square feet – single story & 1,400 square feet – two story 3. Front Yard: Thirty (30) feet minimum 4. Side Yards: Total of ten (10) feet – minimum of five (5) feet on each side 5. Rear Yards: Thirty (30) feet minimum 6. Minimum Lot Size: 6,000 square feet 7. Minimum Lot Width: Fifty (50) feet Item 6 Uses of Property – Including Principal Permitted Uses and Accessory Uses Those uses and accessory uses only as permitted within the R-2 (Single Family Residential) Zoning District. Item 7 Open Space, Landscape and Buffer Regulations 1. Minimum open space and landscaping shall be as described within the City of Waukee Code of Ordinances in addition to provisions as specified below: a. A minimum of two (2) trees and two (2) shrubs shall be planted on each lot at the time of individual lot development and prior to issuance of a Certificate of Occupancy. END OF DOCUMENT EXHIBIT C LEGAL DESCRIPTION A PART OF THE SOUTHWEST QUARTER AND A PART OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 28; THENCE SOUTH 00°18'51" WEST ALONG THE EASTERLY LINE OF SAID SOUTHWEST QUARTER, 197.22 FEET TO THE EASTERLY RIGHT OF WAY LINE OF NW 2ND STREET AND THE POINT OF BEGINNING; THENCE NORTH 76°13'12" EAST ALONG SAID EASTERLY RIGHT OF WAY LINE, 16.22 FEET; THENCE SOUTH 76°22'22" EAST, 142.87 FEET; THENCE SOUTH 65°19'51" EAST, 129.38 FEET; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS IS 2965.00 FEET, WHOSE ARC LENGTH IS 412.11 FEET AND WHOSE CHORD BEARS SOUTH 61°20'57" EAST, 411.78 FEET; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS IS 2035.00 FEET, WHOSE ARC LENGTH IS 75.25 FEET AND WHOSE CHORD BEARS SOUTH 58°25'36" EAST, 75.25 FEET; THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 25.00 FEET, WHOSE ARC LENGTH IS 37.75 FEET AND WHOSE CHORD BEARS SOUTH 16°13'39" EAST, 34.26 FEET; THENCE SOUTH 27°01'52" WEST, 159.93 FEET; THENCE NORTH 62°58'08" WEST, 125.28 FEET; THENCE SOUTH 33°15'21" WEST, 108.08 FEET; THENCE SOUTH 39°54'11" WEST, 61.31 FEET; THENCE SOUTH 46°43'40" WEST, 61.31 FEET; THENCE SOUTH 53°33'10" WEST, 61.31 FEET; THENCE SOUTH 60°22'40" WEST, 61.31 FEET; THENCE SOUTH 67°12'02" WEST, 61.27 FEET; THENCE SOUTH 72°46'50" WEST, 54.66 FEET; THENCE SOUTH 73°26'14" WEST, 229.99 FEET TO SAID EASTERLY RIGHT OF WAY LINE OF NW 2ND STREET; THENCE NORTH 16°33'46" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE, 176.61 FEET; THENCE NORTHERLY CONTINUING ALONG SAID EASTERLY RIGHT OF WAY LINE AND A CURVE CONCAVE EASTERLY WHOSE RADIUS IS 950.00 FEET, WHOSE ARC LENGTH IS 555.70 FEET AND WHOSE CHORD BEARS NORTH 00°11'42" EAST, 547.82 FEET; THENCE NORTH 16°57'09" EAST CONTINUING ALONG SAID EASTERLY RIGHT OF WAY LINE, 55.31 FEET; THENCE NORTH 76°13'12" EAST CONTINUING ALONG SAID EASTERLY RIGHT OF WAY LINE, 86.92 FEET TO THE POINT OF BEGINNING AND CONTAINING 9.74 ACRES (424,420 SQUARE FEET). PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. EXHIBIT D REZONING MAP EXHIBIT E CONCEPTUAL DEVELOPMENT PLAN