HomeMy WebLinkAbout2021-04-19-I01F Stone Prairie Plat 2 Covenants Amendment AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: April 19, 2021
AGENDA ITEM: Consideration of approval of a resolution consenting to an amendment to the
residential covenants, conditions and restrictions for Stone Prairie Plat 2
FORMAT: Consent Agenda
SYNOPSIS INCLUDING PRO & CON: Property owners within Stone Prairie Plat 2 propose to
amend the covenants that were filed with the final plat when it was recorded
on August 20, 2013. The proposed amendment is to remove the prohibition of
above ground pools within Stone Prairie Plat 2. The existing covenants require
at least two-thirds of the residents to consent to an amendment and that the
City of Waukee consent as well. Greater than two-thirds of the property
owners have consented to the amendment. Attached are the signed documents
from the property owners who consented to the proposed amendment.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff has no concern with the proposed amendment related
to the allowance of above ground pools.
RECOMMENDATION: Approve the resolution
ATTACHMENTS: I. Proposed Resolution
II. Proposed Amendment
PREPARED BY: Andy Kass, Senior Planner
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
I1F
THE CITY OF WAUKEE, IOWA
RESOLUTION 21-
APPROVING CONSENT TO AN AMENDMENT TO THE RESIDENTIAL
COVENANTS, CONDITIONS & RESTRICTIONS FOR STONE PRAIRIE PLAT 2
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal
Organization; AND,
WHEREAS, Diligent Stone Prairie, LLC, caused to be filed a Declaration of Residential
Covenants, Conditions & Restrictions (“Declaration”) that was recorded in the office of the
Dallas County Recorder on August 20, 2013 in Book 2013 Page 15562; AND,
WHEREAS, the Declaration included a provision which stipulated that any amendments to the
Declaration shall be approved by the City of Waukee prior to filing said amendment with the
Dallas County Recorder, AND,
WHEREAS, Property Owners of Lots 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 19 in
Stone Prairie Plat 2, are requesting approval of Consent to an Amendment to the Residential
Covenants, Conditions & Restrictions for Stone Prairie Plat 2 to remove certain restrictions
related to above ground pools.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this
19th day of April 2021, that it hereby approves the Consent to an Amendment to the Residential
Covenants, Conditions & Restrictions for Stone Prairie Plat 2.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman Pierce
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair