HomeMy WebLinkAbout2022-07-05 J04 Fox Creek Meadows Rezoning_3RD READAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: July 5, 2022
AGENDA ITEM:Consideration of approval of an ordinance to amend Chapter 169, Zoning
Ordinance, City of Waukee, Iowa, by rezoning certain property from A-1
to R-2 and R-3, a parcel to be known as Fox Creek Meadows [third
(final) reading]
FORMAT:Ordinance
SYNOPSIS INCLUDING PRO & CON:
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the third reading of the ordinance in title only and place it on
final passage.
ATTACHMENTS: I. Proposed Ordinance
PREPARED BY:Becky Schuett
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
J4
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 AND TWO FAMILY RESIDENTIAL DISTRICT) AND R-
3 (MULTI-FAMILY RESIDENTIAL DISTRICT) FOR CERTAIN PROPERTY [FOX
CREEK MEADOWS]
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)
for property legally described as follows:
A PART OF PARCEL 21-23 AS SHOWN ON THE PLAT OF SURVEY RECORDED IN
BOOK 2021, PAGE 8681, BEING A PART OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 79 NORTH, RANGE 26 WEST
OF THE FIFTH PRINCIPAL MERIDIAN, DALLAS COUNTY, IOWA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 21-23; THENCE
NORTH 89°57'23" EAST ALONG THE NORTH LINE OF SAID PARCEL 21-23, A
DISTANCE OF 1320.35 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 21-
23; THENCE SOUTH 00°04'55" EAST ALONG THE EASTERLY LINE OF SAID
PARCEL 21-23, A DISTANCE OF 382.19 FEET; THENCE SOUTH 89°59'28" WEST
CONTINUING ALONG SAID EASTERLY LINE, 621.41 FEET; THENCE SOUTH
00°04'55" EAST CONTINUING ALONG SAID EASTERLY LINE, 688.40 FEET;
THENCE NORTHWESTERLY ALONG A CURVE CONCAVE SOUTHWESTERLY
WHOSE RADIUS IS 333.00 FEET, WHOSE ARC LENGTH IS 275.17 FEET AND
WHOSE CHORD BEARS NORTH 23°45'18" WEST, 267.41 FEET; THENCE NORTH
47°25'41" WEST, 435.67 FEET; THENCE NORTHWESTERLY ALONG A CURVE
CONCAVE NORTHEASTERLY WHOSE RADIUS IS 333.00 FEET, WHOSE ARC
LENGTH IS 118.37 FEET AND WHOSE CHORD BEARS NORTH 37°14'42" WEST,
117.75 FEET; THENCE SOUTH 89°59'28" WEST, 199.21 FEET TO THE WESTERLY
LINE OF SAID PARCEL 21-23; THENCE NORTH 00°11'19" WEST ALONG SAID
WESTERLY LINE, 436.48 FEET TO THE POINT OF BEGINNING AND CONTAINING
15.46 ACRES (673,250 SQUARE FEET).
THE PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.
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 zoning from A-1 (Agricultural District) to R-3 (Multi-Family Residential District) for
property legally described as follows:
A PART OF PARCEL 21-23 AS SHOWN ON THE PLAT OF SURVEY RECORDED IN
BOOK 2021, PAGE 8681, BEING A PART OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 79 NORTH, RANGE 26 WEST
OF THE FIFTH PRINCIPAL MERIDIAN, DALLAS COUNTY, IOWA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 21-23; THENCE
NORTH 00°11'19" WEST ALOGN THE WEST LINE OF SAID PARCEL 21-23, A
DISTANCE OF 810.45 FEET; THENCE NORTH 89°59'28" EAST, 199.21 FEET;
THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE NORTHEASTERLY
WHOSE RADIUS IS 333.00 FEET, WHOSE ARC LENGTH IS 118.37 FEET AND
WHOSE CHORD BEARS SOUTH 37°14'42" EAST, 117.75 FEET; THENCE SOUTH
47°25'41" EAST, 435.67 FEET; THENCE SOUTHEASTERLY ALONG A CURVE
CONCAVE SOUTHWESTERLY WHOSE RADIUS IS 333.00 FEET, WHOSE ARC
LENGTH IS 275.17 FEET AND WHOSE CHORD BEARS SOUTH 23°45'18" EAST,
267.41 FEET TO THE EAST LINE OF SAID PARCEL 21-23; THENCE SOUTH
00°04'55" EAST ALONG SAID EAST LINE, 192.14 FEET TO THE SOUTHEAST
CORNER OF SAID PARCEL 21-23; THENCE SOUTH 89°59'28" WEST ALONG THE
SOUTHERLY LINE OF SAID PARCEL 21-23, A DISTANCE OF 491.85 FEET; THENCE
NORTH 84°17'55" WEST CONTINUING ALONG SAID SOUTHERLY LINE, 150.75
FEET; THENCE SOUTH 89°59'28" WEST CONTINUING ALONG SAID SOUTHERLY
LINE, 54.79 FEET TO THE POINT OF BEGINNING AND CONTAINING 10.17 ACRES
(442,856 SQUARE FEET).
THE PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.
Section 3. 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 4. Repealer. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 5. 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 6. Effective Date. This ordinance shall be in effect upon its final
passage, approval and publication as provided by law.
Passed by the Council this 6th day of June, 2022 and approved this 6th day of June, 2022.
Courtney Clarke, Mayor
Attest:
Rebecca D. Schuett, City Clerk