HomeMy WebLinkAbout2024-05-20 I05 Hope Springs Rezoning_3RD READAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: May 20, 2024
AGENDA ITEM:Consideration of approval of an ordinance to amend Chapter 169, Zoning
Ordinance, City of Waukee, Iowa, by rezoning certain property from R-4
to R-3 and C-1; and from A-1 to C-1, a parcel to be known as Hope
Springs [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:
I5
ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 169, ZONING ORDINANCE, CITY OF
WAUKEE, IOWA BY AMENDING THE ZONING FROM R-4 [ROW DWELLING AND
TOWNHOME DWELLING DISTRICT] TO R-3 [MULTI-FAMILY RESIDENTIAL
DISTRICT] AND C-1 [COMMUNITY AND HIGHWAY SERVICE COMMERCIAL
DISTRICT]; AND FROM A-1 [AGRICULTURAL DISTRICT] TO C-1 [COMMUNITY
AND HIGHWAY SERVICE COMMERCIAL DISTRICT] (HOPE SPRINGS)
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 C-1 (Community and
Highway Service Commercial District) for property legally described as follows:
THAT PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 32, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL
MERIDIAN IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, LYING NORTH OF
PARCEL 21-10 AS SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 2021,
PAGE 10161 AND LYING SOUTH OF THE U.S. HIGHWAY 6/HICKMAN ROAD RIGHT
OF WAY. THE PROPERTY CONTAINS 15.13 ACRES (659,225 SQUARE FEET).
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 (Property) from R-4 (Row Dwelling and Townhome Dwelling District) to
C-1 (Community and Highway Service Commercial District) for property legally described as
follows:
A PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 32, 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:
BEGINNING AT THE NORTHWEST CORNER OF PARCEL 21-10 AS SHOWN ON THE
PLAT OF SURVEY RECORDED IN BOOK 2021, PAGE 10161; THENCE SOUTH 85°07'42"
WEST, 4.92 FEET; THENCE WESTERLY ALONG A CURVE CONCAVE NORTHERLY
WHOSE RADIUS IS 350.00 FEET, WHOSE ARC LENGTH IS 257.51 FEET AND WHOSE
CHORD BEARS NORTH 73°47'40" WEST, 251.74 FEET; THENCE NORTH 52°43'03"
WEST, 118.06 FEET; THENCE SOUTH 89°53'26" EAST, 342.24 FEET TO THE EAST LINE
OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTH
00°40'41" WEST ALONG SAID EAST LINE, 140.71 FEET TO THE POINT OF BEGINNING
AND CONTAINING 0.78 ACRES (33,795 SQUARE FEET).
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 (Property) from R-4 (Row Dwelling and Townhome Dwelling District) to
R-3 (Multi-Family Residential District)for property legally described as follows:
A PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 32, 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:
BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE
NORTHWEST QUARTER; THENCE NORTH 00°35'21" EAST ALONG THE WEST LINE
OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER, 418.57 FEET;
THENCE SOUTHERLY ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS IS
500.00 FEET, WHOSE ARC LENGTH IS 194.73 FEET AND WHOSE CHORD BEARS
SOUTH 10°52'25" EAST, 193.50 FEET; THENCE SOUTHERLY ALONG A CURVE
CONCAVE WESTERLY WHOSE RADIUS IS 500.00 FEET, WHOSE ARC LENGTH IS
195.13 FEET AND WHOSE CHORD BEARS SOUTH 10°51'03" EAST, 193.89 FEET;
THENCE SOUTH 00°19'45" WEST, 38.54 FEET TO THE SOUTH LINE OF SAID
NORTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTH 89°40'14"
WEST ALONG SAID SOUTH LINE, 77.09 FEET TO THE POINT OF BEGINNING AND
CONTAINING 0.40 ACRES (17,597 SQUARE FEET).
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 15th day of April, 2024, and approved this 15th day of April, 2024.
Courtney Clarke, Mayor
Attest:
Rebecca D. Schuett, City Clerk