HomeMy WebLinkAbout2022-09-19 H04 Fox Creek Meadows Rezoning_INTRO, 1ST READAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: September 19, 2022
AGENDA ITEM:Consideration of approval of an ordinance to amend Chapter 169, Zoning
Ordinance, City of Waukee, Iowa, by rezoning certain property from R-3
(Multi-Family Residential District) to R-2 (One and Two-Family
Residential District) [Fox Creek Meadows] [introduction, first reading]
FORMAT:Ordinance
SYNOPSIS INCLUDING PRO & CON:
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff would recommend approval of the first
consideration of the ordinance for rezoning.
RECOMMENDATION: Introduce the Ordinance and approve the first consideration.
ATTACHMENTS:I. Proposed Ordinance
PREPARED BY:Bill Mettee, Planner
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
H4
ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 169, ZONING ORDINANCE, CITY OF
WAUKEE, IOWA BY AMENDING THE ZONING FROM R-3 (MULTI-FAMILY
RESIDENTIAL DISTRICT) TO R-2 (ONE AND TWO 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 R-3 (Multi-Family Residential 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 IN THE CITY OF WAUKEE, DALLAS
COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 21-23; THENCE
SOUTH 00°11'19” EAST ALONG THE WESTERLY LINE OF SAID PARCEL 21-23, A
DISTANCE OF 436.48 FEET TO THE POINT OF BEGINNING; 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, 47.38 FEET; THENCE SOUTH
42°34'19" WEST, 160.00 FEET; THENCE NORTH 47°25'41" WEST, 40.01 FEET;
THENCE NORTH 45°26'24" WEST, 47.79 FEET; THENCE NORTH 39°50'51" WEST,
49.55 FEET; THENCE NORTH 34°05'12" WEST, 49.55 FEET; THENCE NORTH
28°19'34" WEST, 49.55 FEET; THENCE NORTH 22°33'55" WEST, 49.55 FEET;
THENCE SOUTH 70°18'55" WEST, 33.43 FEET TO SAID WESTERLY LINE; THENCE
NORTH 00°11'19" WEST ALONG SAID WESTERLY LINE, 25.80 FEET TO THE POINT
OF BEGINNING AND CONTAINING 0.87 ACRES (37,931 SQUARE FEET).
AND
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 IN THE CITY OF WAUKEE, DALLAS
COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 21-23; THENCE
NORTH 00°05'51” WEST ALONG THE EASTERLY LINE OF SAID PARCEL 21-23, A
DISTANCE OF 336.41 FEET; THENCE SOUTH 89°54'09” WEST, 32.94 FEET TO THE
POINT OF BEGINNING; THENCE SOUTH 64°14'47" WEST, 160.00 FEET; THENCE
NORTH 31°03'46" WEST, 32.01 FEET; THENCE NORTH 41°38'08" WEST, 31.74 FEET;
THENCE NORTH 47°25'03" WEST, 39.58 FEET; THENCE NORTH 47°25'41" WEST,
280.00 FEET; THENCE NORTH 42°34'19" EAST, 160.00 FEET; THENCE SOUTH
47°25'41" EAST, 317.99 FEET; THENCE SOUTHEASTERLY ALONG A CURVE
CONCAVE SOUTHWESTERLY WHOSE RADIUS IS 333.00 FEET, WHOSE ARC
LENGTH IS 125.97 FEET AND WHOSE CHORD BEARS SOUTH 36°35'27" EAST,
125.22 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.52 ACRES (66,223
SQUARE FEET).
THE PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.
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 19th day of September, 2022 and approved this 19th day of
September, 2022.
Courtney Clarke, Mayor
Attest:
Rebecca D. Schuett, City Clerk