The URL can be used to link to this page

Home My WebLink About2017-08-07-Ordinance 2854_Rezoning, University WoodsORDINANCE NO.2854 AN ORDINANCE TO AMEND CHAPTER 301,ZONING ORDINANCE,CITY OF WAUKEE,IOWA,BY CHANGING CERTAIN PROPERTY THEREIN FROM C- 4/PD-1 [OFFICE PARK COMMERCIAL DISTRICT/PLANNED DEVELOPMENT OVERLAY DISTRICT]TO R-3/PD-I [RENTAL MULTI-FAMILY RESIDENTIAL DISTRICT/PLANNED DEVELOPMENT OVERLAY DISTRICT];AND AMEND THE OFFICIAL ZONING MAP TO SHOW REZONING BE IT ORDAINED by the Council of the City of Waukee: Section 1.Section 301.4 of Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa,adopting the Official Zoning Map,is hereby amended by amending the zoning from C-4/PD-I (Office Park Commercial District/Planned Development Overlay District)to R-3/PD-I (Rental Multi-Family Residential District/Planned Development Overlay District)for property legally described as follows: A TRACT OF LAND IN THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER (S 'l~SW I/4)OF SECTION 35,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5TH P.M.,DALLAS COUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AS A POINT OF REFERENCE AT THE SOUTH QUARTER (I/4)CORNER OF SAID SECTION 35;(FOUND CHISELED CROSS-SECTION);THENCE WEST 545.0 FEET ALONG THE SOUTH LINE OF SAID SW '/4 TO A POINT (NOT IDENTIFIED);THENCE NORTH 60.0 FEET TO THE POINT OF BEGINNING (SET 5/8"I.R.WITH CAP NO.5931)ON THE NORTH RIGHT-OF-WAY LINE OF UNIVERSITY AVENUE;THENCE CONTINUING NORTH 407.0 FEET TO A POINT (SET 5/8"I.R.WITH CAP NO. 5931);THENCE WEST 467.0 FEET TO A POINT (SET 5/8"I.R.WITH CAP NO. 5931);THENCE SOUTH 407.0 FEET TO A POINT (SET 5/8"I.R.WITH CAP NO. 5931);SAID POINT BEING IN A FENCE ON THE NORTH RIGHT-OF-WAY OF UNIVERSITY AVENUE;THENCE EAST 467.0 FEET ALONG SAID RIGHT-OF- WAY TO THE POINT OF BEGINNING AND CONTAINS 4.36 ACRES EXCLUSIVE OF ROAD RIGHT-OF-WAY. Section 2.Planned Develo ment A cement.Attached hereto as Exhibit A is the Planned Development Agreement which shall define the minimum standards and requirements of the PD-I [Planned Development Overlay District]pertaining to the above legally described property. Section 3.~Re ealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hearby repealed. Section 4.Severabilit Clause.If any section,provision or part of this ordinance shall be adjudged invalid or unconstitutional,such adjudication shall not affect the vailidity 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 City Council of the City of Waukee,Iowa,this 7'"day of August,2017, and approved this 7'"day of August,2017. i iam F.P d,Mayor Attest: Rebecca D.Schuett,City Clerk Exhibit A PLANNED DEVELOPMENT AGREEMENT This Planned Development Agreement (the "Agreement")is made and entered into this 7th day of August,2017,by and between the CITY OF WAUKEE,IOWA,a municipal corporation (the "City"),and UNIVERSITY WOODS,LLC (the "Developer"). WHEREAS,Developer is the present owner of certain real property located within the corporate limits of the City,which property is legally described on Exhibit "A"attached hereto (the "Property");and WHEREAS,the Property is currently zoned C-4 (Office Park Commercial District)and PD (Planned Development District Overlay)subject to the planned development agreement (the "Planned Development")as recorded in Book 2008 Page 9070 within Dallas County,Iowa;and as amended in Book 2012 Page 23457 within Dallas County,Iowa;and, WHEREAS,the existing zoning and Planned Development allows for the development of a commercial office park or a skilled recovery center as identified within the Planned Development and Amended Planned Development;and WHEREAS,the Developer would like to amend the zoning and Planned Development to allow for the development of a senior living residential community consisting of assisted living units as well as memory care units.The Developer would also like to maintain the ability to develop a skilled recovery center as permitted within the Planned Development Amendment recorded in Book 2012 Page 23457;and, WHEREAS,the PD regulations require the Developer to enter into a development agreement with the City that addresses the primary objective of the development as well as providing specific guidelines and design standards for the development of the Property; WHEREAS,it is the intent of this Project to meet all of the requirements of the Waukee Zoning Ordinance,Waukee Site Plan Ordinance and Waukee Sign Ordinance except as modified by this Agreement. NOW,THEREFORE,in consideration of the above premises,the rezoning of the Property and the promises and agreements set forth herein,it is hereby agreed between the Developer and the City as follows: l.~Zonin .The Property will be rezoned from C-4/PD-1 (Office Park Commercial District/Planned Development Overlay)to R-3/PD-I (Rental Multi-Family Residential District/Planned Development Overlay). 2.Planned Develo ment Amendment.This Planned Development Overlay District shall amend and replace the original Planned Development Agreement recorded in Book 2008, Page 9069 and the Amended Planned Development Agreement recorded in Book 2012 Page 23457. 3.Develo ment Conce t.As required by the PD regulations,the Developer has submitted a Development Concept in conjunction with the Developer's request for the Planned Development Overlay District to allow for the development of a senior living residential community or as an alternative,a skilled recovery center.A copy of the Development Concept for the senior living residential community is attached hereto as Exhibit "B-I".A copy of the Development Concept for a skilled recovery center is attached hereto as Exhibit "B-2".The Developer agrees that the development of the Property shall be consistent with the Development Concepts attached hereto as Exhibits "B-I"and "B-2",and shall satisfy the following requirements: (a)Restrictions on Uses. (i)Nursing,convalescent and retirement homes. (ii)A Skilled Recovery Center is defined as a non-residential facility that is established and operated exclusively for the purpose of providing comprehensive diagnostic,therapeutic,and restorative services to patients for the rehabilitation of injured,disabled,or sick persons,at a single fixed location,by or under the supervision of a physician.It also provides only those services which meet the requirements for eligibility for Medicare, Medicaid,private pay and insurance plans.Patients receiving treatment at the facility may board at the facility for a length of time as permitted and required by State and Federal laws under NF licensure,but at no time may establish permanent residency in the facility. (iii)All other uses as identified within the R-3 Rental Multi-Family Residential District shall be restricted. ib)B~tkR ltl .Th fit g ll ql t hllb ppll bl generally shown on the Development Plan: (i)Front Yard Buildin Setback.The minimum building front yard setback along University Avenue shall be forty (40)feet. (ii)Rear Yard Buildin Setback.The minimum rear yard building setback shall be thirty (30)feet. Side Yard Buildin Setback.The minimum side yard setback(s)shall be twenty-five (25)feet. (iv)Setback Between Buildin s.The minimum setback between buildings internal to the site Project shall be twenty-five (25)feet. (v)~Mi H i t.Tl t ddf t. (c)~Parkin . Senior Inde endent Livin .1.25 stalls per unit plus I visitor stall for every five units. Senior Assisted Livin .I stall per 2 dwelling units and I stall per staff during the shift with the largest number of employees. M~C.4 t lip gd II g it dl t lip t ffd gtg shiII with the largest number of employees. (iv)Skilled Recover Center.I stall per 2 dwelling units and I stall per staff during the shift with the largest number of employees. (d)Buffer and 0 en S ace Re uirements. Existin Ve etation.Developer acknowledges that the property currently contains a substantial amount of vegetation.Prior to approval of site plan for project,Developer agrees to undertake a tree survey which will identify all trees that are larger than 6"in caliper.The existing healthy trees within thirty (30)feet of the north and east property lines shall not be removed except as necessary to construct a storm sewer outfall.Prior to construction,a temporary fence will be required to be installed to protect any trees from being removed.A number of trees internal to the site will have to be removed in order to construct the site,however,the Developer agrees to work with the City at the time of site plan approval to save other trees internal to the site when grading and site layout allows.All trees proposed to be removed must be approved at the time of site plan approval by the City. Landsca ed Buffer.Developer shall provide a thirty (30)foot landscape buffer along the north and east property lines of the Property.Within the south one hundred fifty (150)feet of buffer along the east property line where the existing vegetation is less substantial,a minimum of two (2) overstory trees (minimum 2"caliper),two (2)evergreens (minimum 6'in height),and one (1)ornamental tree (minimum 1"caliper)shall be planted for every fifty (50)linear feet of buffer. (1")~Dh .A ''fthldy(30)p t p p bllb required which shall include the landscaped buffer,detention pond and open space internal to the parking lots. (iv)Trees.A minimum of two (2)trees per 1,500 square feet of required open space and six (6)shrubs per 1,000 square feet of the required open space shall be provided on the Property in addition to the existing trees that will not be removed.Based upon the minimum number of trees required,fifiy (50)percent of the required trees shall be over-story trees (minimum 2 inch caliper)and twenty-five (25)percent of the trees shall be evergreens (minimum 6 feet in height). (e)Architectural Re uirements.The architecture of the building(s)shall be consistent with the architectural standards as defined within Section 304,Site Plan Ordinance,of the City of Waukee Code of Ordinances.Representative elevations of the proposed uses are attached as Exhibit "D-1"and "D-2". (f)~Si a e.Signage shall be consistent with the sign standards as defined within Section 305,Signage Ordinance,of the City of Waukee Code of Ordinances. (g)~Li tin .All lighting shall be installed pursuant to the regulations within Section 304 Site Plan Ordinance of the City of Waukee Code of Ordinances.Parking lot pole lighting shall not exceed twenty-five (25)feet from grade to the top of the lighting fixture. 4.Runs with Land.The obligations under this Agreement shall run with the land and be binding upon the future owners of the Property. 3.W~tfDtt.D lp h by t t th Cltyt df dD lp title to the Property for purposes of this Agreement. 6.Amendment.The terms of this Agreement may be amended by mutual agreement of the parties hereto,but any such amendment shall be in writing and shall be filed of record with the Dallas County Recorder. 7.Commencement of Pro'ect/Reversion of Zonin .Failure of the Developer to obtain a building permit for one (1)building within the Project and to substantially commence construction of such improvements on the first building before January 1,2019 ("Start Date"), shall be deemed sufficient cause for the City to rezone the Property back to the pre-existing zoning and overlay requirements as recorded in Book 2012,Page 23457.Property Owner hereby waives any objection to any such future rezoning to the pre-existing overlay requirements pursuant to the terms of this Paragraph.Notwithstanding the foregoing,Developer shall have the option to extend the Start Date for up to one year to the extent necessary to finalize construction or lender requirements. 8.~Bindin .The terms and conditions of this Agreement shall be binding upon and shall inure to the benefit of the heirs,successors and assigns of the respective parties hereto 9.~phily.If y 9 II h fl f y f bl inapplicable,the other provisions hereof will remain in full force and effect in the same manner as if such unenforceable or inapplicable provisions had never been contained herein. I ~.G~iL .Thl Ag I hit b g d by d t d I accordance with the laws of the State of Iowa. ll.~Rd .Thl Ag t hllb dd thth Dll C ty,l Recorder,as an exhibit to the ordinance rezoning the Property and shall constitute a valid and effective agreement pursuant to the terms and conditions of Section 414.5 of the Iowa Code. Exhibit A Le el Desert tionof Pro ert A TRACT OF LAND IN THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER (S Iz SW I/4)OF SECTION 35,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AS A POINT OF REFERENCE AT THE SOUTH QUARTER (I/4)CORNER OF SAID SECTION 35;(FOUND CHISELED CROSS-SECTION);THENCE WEST 545.0 FEET ALONG THE SOUTH LINE OF SAID SW Y4 TO A POINT (NOT IDENTIFIED); THENCE NORTH 60.0 FEET TO THE POINT OF BEGINNING (SET 5/8"I.R.WITH CAP NO.5931)ON THE NORTH RIGHT-OF-WAY LINE OF UNIVERSITY AVENUE;THENCE CONTINUING NORTH 407.0 FEET TO A POINT (SET 5/8"I.R.WITH CAP NO.5931); THENCE WEST 467.0 FEET TO A POINT (SET 5/8"I.R.WITH CAP NO.5931);THENCE SOUTH 407.0 FEET TO A POINT (SET 5/8"I.R.WITH CAP NO.5931);SAID POINT BEING IN A FENCE ON THE NORTH RIGHT-OF-WAY OF UNIVERSITY AVENUE; THENCE EAST 467.0 FEET ALONG SAID RIGHT-OF-WAY TO THE POINT OF BEGINNING AND CONTAINS 4.36 ACRES EXCLUSIVE OF ROAD RIGHT-OF-WAY. Exhibit "B-1" Development Concept Exhibit "B-2" Development Concept lL' IIJ IJJ I/I6 IIJ IJI0v)&«eOw~905~+o LO~~ I/I U &dv lL'ZJ IU L Z «()a~i MJ I/I I/I 0 IJJ Pd2Io Q OI004 IJJ I—)VI ~IO ~«C0 LJZ0U Z I Z Z 0Vd 0 3« 0 00Z ZV V Z0V 5 0 I v OZ 0 0 e d 0ZV Z I g eO 0 0 0 ZgZB 5 5 XV0Z Z « 0 Q 0 V5Q«z8Z00V 0Z zoZZ0 «I V 0 y I 0 0IJ 0 0 pa Z 8 Z« 0 Z II0 e d 8 I-«/ Ul 0zeJ Zl Z C MO'II,OZ I IZ «i gZ 0 P)5&eh«"- Z 0 5eoe «z Ã9 0 g a ~=a=: 00 z(eo88&* 10 Exhibit UC" Exam le of Develo ment Plan and Buffer Enhancements in Relation to Existin Tree Surve of ~Pro ert IL' IU UJI-dUezzdIUUI0v~&tr0wIgloozvl0UIIUNV 44 UI UI tt Z+d~N UI IO0 IL LU U-Q 0II NUtIIIUIL'o IU d h O.e VI V OV .I UI;tart s 4 t)g ;34,5:. ~p 4 +' IU 0z0 VI '4 All',IR I" 4 t 4 4tt4 4*4 444 ~I 4 4 4 'I I 4 4 4 4 4 44 Qoaz ? '6 0 * 44let 4 44444t ~e ~eeee ~te ~ ll ,1 t. , "I i-: UI 4 aZo P. VIIt 2 z a 0-'I"' 085, '40 0 $ 0 I 0 O0 aoz" OOOz5tt 11 Exhibit "D-1" Exam le of Architectural St le of Buildin —Senior Livia 12 Exhibit "D-2" Exam le of Architectural St le of Buildin —Skilled Recover Center ZulZZ0OlLIIII0v&&&0)'cy &- le p 0)I/I LU K Z,c(;CL ~CL'IYI —0 p g)o~i ~&cI ZZIPIIIDir0IIIY PP PPP CL QO t0 O L Cl t ClV ?' 0 OI IY 'QI V) 13