HomeMy WebLinkAbout2021-06-21-H01 Waukee Crossing 2 Rezoning_INTRO, 1ST READ AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: June 21, 2021
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
Agricultural District to R-2 One & Two Family Residential District, R-3
Multi-Family Residential District, R-4 Row Dwelling & Townhome
District, and C-1 Community & Highway Service Commercial District
(Waukee Crossing 2) [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: Andy Kass, Senior Planner
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
H1
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), R-3 (MULTI-FAMILY RESIDENTIAL DISTRICT),
R-4 (ROW DWELLING & TOWNHOME DISTRICT), & C-1 (COMMUNITY &
HIGHWAY SERVICE COMMERCIAL DISTRICT) FOR CERTAIN PROPERTY
[WAUKEE CROSSING 2]
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 R-2
(One & Two Family Residential District), legally described as follows:
OUTLOT 'T', THE COMMONS AT GREENWAY PLAT 1, AN OFFICIAL PLAT RECORDED
IN BOOK 2020, PAGE 19500 AT THE DALLAS COUNTY RECORDER'S OFFICE, CITY OF
WAUKEE, DALLAS COUNTY, IOWA AND A PARCEL OF LAND IN THE SE1/4 AND THE
SW1/4 OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M.,
CITY OF WAUKEE, DALLAS COUNTY, IOWA THAT IS MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A FOUND STONE LOCATED AT THE CENTER OF SAID SECTION 28;
THENCE S89°30'40"E, 1809.33 FEET ALONG THE NORTH LINE OF SE1/4 OF SAID
SECTION 28 TO THE NW CORNER OF INDIA RUN PLAT 2, AN OFFICIAL PLAT
RECORDED IN BOOK 2018, PAGE 24075 AT THE DALLAS COUNTY RECORDER'S
OFFICE; THENCE S13°06'53"W, 473.74 FEET ALONG THE WEST LINE OF SAID INDIA
RUN PLAT 2 TO A POINT; THENCE S07°37'32"W, 467.38 FEET ALONG SAID WEST
LINE TO THE SW CORNER OF LOT 18 OF SAID INDI RUN PLAT 2; THENCE
S35°12'02"W, 41.35 FEET ALONG SAID WEST LINE TO THE WEST CORNER OF
OUTLOT 'W' OF SAID INDIA RUN PLAT 2, SAID WEST CORNER ALSO BEING ON THE
EAST LINE OF OUTLOT 'X' OF SAID THE COMMONS AT GREENWAY PLAT 1;
THENCE N22°31'53"W, 13.54 FEET ALONG THE EAST LINE OF SAID OUTLOT 'X' TO
NE CORNER OF SAID OUTLOT 'X'; THENCE N89°38'32"W, 92.28 FEET ALONG THE
NORTH LINE OF SAID THE COMMONS AT GREENWAY PLAT 1 TO THE NW CORNER
OF SAID OUTLOT 'X'; THENCE N22°33'03"W, 156.44 FEET ALONG SAID NORTH LINE
TO THE NE CORNER OF LOT 1 OF SAID THE COMMONS AT GREENWAY PLAT 1;
THENCE S60°11'17"W, 173.63 FEET ALONG SAID NORTH LINE TO A POINT; THENCE
S84°58'59"W, 115.83 FEET ALONG SAID NORTH LINE TO A POINT; THENCE
S77°55'22"W, 121.27 FEET ALONG SAID NORTH LINE TO A POINT; THENCE
S69°32'37"W, 111.33 FEET ALONG SAID NORTH LINE TO THE EAST CORNER OF
OUTLOT 'T' OF SAID THE COMMONS AT GREENWAY PLAT 1; THENCE S49°12'04"W,
122.95 FEET ALONG THE SOUTH LINE OF SAID OUTLOT 'T' TO A POINT; THENCE
S66°33'35"W, 325.11 FEET ALONG SAID SOUTH LINE TO THE SW CORNER OF SAID
OUTLOT 'T'; THENCE S00°23'00"W, 629.07 FEET ALONG THE WEST LINE OF SAID THE
COMMONS AT GREENWAY PLAT 1 TO THE SW CORNER OF OUTLOT 'W' OF SAID
THE COMMONS AT GREENWAY PLAT 1; THENCE N89°41'09"W, 138.21 FEET TO A
POINT ON THE CENTERLINE OF NW 2ND STREET AS IT IS PRESENTLY ESTABLISHED
AND RECORDED IN BOOK 2020, PAGE 26800 AND 26792 AT THE DALLAS COUNTY
RECORDER'S OFFICE; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 1000.00 FEET AND A CHORD BEARING N38°39'07"W, AN ARC
LENGTH OF 771.06 FEET ALONG SAID CENTERLINE TO A POINT OF TANGENCY;
THENCE N16°33'46"W, 182.61 FEET TO A POINT; THENCE N89°30'08"W, 935.13 FEET
TO A POINT; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A
RADIUS OF 800.00 FEET AND A CHORD BEARING N23°17'14"W, AN ARC LENGTH OF
252.79 FEET TO A POINT OF TANGENCY; THENCE N32°20'22"W, 214.69 FEET TO A
POINT OF CURVATURE THENCE NORTHERLY ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 510.00 FEET AND A CHORD BEARING N17°22'51"W, AN ARC
LENGTH OF 266.30 FEET TO A POINT OF TANGENCY; THENCE N05°03'11"W, 221.83
FEET TO A POINT; THENCE N00°30'15"E, 171.34 FEET TO POINT ON THE NORTH LINE
OF SAID SW1/4; THENCE S89°29'45"E, 1332.27 FEET ALONG SAID NORTH LINE TO
THE POINT OF BEGINNING AND CONTAINING 77.54 ACRES MORE OR LESS.
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 from A-1 (Agricultural District) to R-3 (Multi-
Family Residential District), legally described as follows:
A PARCEL OF LAND IN THE NW1/4 SW1/4 AND THE NE1/4 SW1/4 OF SECTION 28,
TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., CITY OF WAUKEE,
DALLAS COUNTY, IOWA THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AS A POINT OF REFERENCE AT THE W1/4 CORNER OF SAID
SECTION 28; THENCE S89°29'45"E, 407.82 FEET ALONG THE NORTH LINE OF SAID
NW1/4 SW1/4 TO THE POINT OF BEGINNING; THENCE CONTINUING S89°29'45"E,
898.52 FEET ALONG SAID NORTH LINE TO A POINT; THENCE S00°30'15"W, 171.34
FEET TO A POINT; THENCE S05°03'11"E, 221.83 FEET TO A POINT OF CURVATURE;
THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF
510.00 FEET AND A CHORD BEARING S17°22'51"E, AN ARC LENGTH OF 266.30 FEET
TO A POINT OF TANGENCY; THENCE S32°20'22"E, 214.69 FEET TO A POINT OF
CURVATURE; THENCE SOUTHERNLY ALONG A CURVE TO THE RIGHT HAVING A
RADIUS OF 800.00 FEET AND A CHORD BEARING S16°03'50"E, AN ARC LENGTH OF
454.50 FEET TO A POINT OF TANGENCY; THENCE S00°12'42"W, 66.33 FEET TO THE
NE CORNER OF LOT 2, WAUKEE DEVELOPMENT PLAT NO 1, AN OFFICIAL PLAT
RECORDED IN BOOK 4, PAGE 95 AT THE DALLAS COUNTY RECORDER'S OFFICE;
THENCE N89°29'10"W, 1238.05 FEET ALONG THE NORTH LINE OF SAID WAUKEE
DEVELOPMENT PLAT NO 1 TO A POINT; THENCE N00°10'49"E, 1319.01 FEET ALONG
A LINE THAT IS PARALLEL TO THE WEST LINE OF SAID NW1/4 SW1/4 TO THE POINT
OF BEGINNING AND CONTAINING 31.64 ACRES.
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 from A-1 (Agricultural District) to R-4 (Row
Dwelling & Townhome District), legally described as follows:
A PARCEL OF LAND IN THE SE1/4 AND THE SW1/4 OF SECTION 28, TOWNSHIP 79
NORTH, RANGE 26 WEST OF THE 5TH P.M., CITY OF WAUKEE, DALLAS COUNTY,
IOWA THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NE CORNER OF LOT 2, WAUKEE DEVELOPMENT PLAT NO 1,
AN OFFICIAL PLAT RECORDED IN BOOK 4, PAGE 95 AT THE DALLAS COUNTY
RECORDER'S OFFICE; THENCE N00°12'42"E, 66.33 FEET TO A POINT OF CURVATURE;
THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF
800.00 FEET AND A CHORD BEARING N07°00'41"W, AN ARC LENGTH OF 201.71 FEET
TO A POINT; THENCE S89°30'08"E, 935.13 FEET TO A POINT ON THE CENTERLINE OF
NW 2ND STREET AS IT IS PRESENTLY ESTABLISHED AND RECORDED IN BOOK
2020, PAGE 26800 AND 26792 AT THE DALLAS COUNTY RECORDER'S OFFICE;
THENCE S16°33'46"E, 182.61 FEET ALONG SAID CENTERLINE TO A POINT OF
CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT HAVING A
RADIUS OF 1000.00 FEET AND A CHORD BEARING S38°39'07"E, AN ARC LENGTH OF
771.06 FEET ALONG SAID CENTERLINE TO POINT; THENCE N89°41'09"W, 57.45 FEET
TO A POINT; THENCE S00°18'51"W, 191.96 FEET ALONG A LINE THAT COINCIDES
WITH THE WEST LINE OF WAUKEE CROSSING PLAT 1, AN OFFICIAL PLAT
RECORDED IN BOOK 2020, PAGE 1336 AT THE DALLAS COUNTY RECORDER'S
OFFICE, TO A POINT ON THE WEST LINE OF SAID WAUKEE CROSSING PLAT 1, SAID
POINT ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF WARRANTY DEED
RECORDED IN BOOK 1999. PAGE 386 AT THE DALLAS COUNTY RECORDER'S
OFFICE; THENCE N36°42'24"W, 1.14 FEET ALONG SAID NORTH LINE TO A POINT;
THENCE N89°29'09"W, 1375.98 FEET ALONG SAID NORTH LINE TO A POINT ON THE
EAST LINE OF LOT 2 OF SAID WAUKEE DEVELOPMENT PLAT NO 1; THENCE
N00°12'42"E, 682.90 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING
AND CONTAINING 25.04 ACRES MORE OR LESS.
Section 4. 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 from A-1 (Agricultural District) to C-1 (Community
& Highway Service Commercial District), legally described as follows:
A PARCEL OF LAND IN THE NW1/4 SW1/4 OF SECTION 28, TOWNSHIP 79 NORTH,
RANGE 26 WEST OF THE 5TH P.M., CITY OF WAUKEE, DALLAS COUNTY, IOWA THAT
IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE W1/4 CORNER OF SAID SECTION 28; THENCE S89°29'45"E, 407.82
FEET ALONG THE NORTH LINE OF SAID NW1/4 SW1/4 TO A POINT; THENCE
S00°10'49"W, 1319.01 FEET ALONG A LINE PARALLEL TO THE WEST LINE OF SAID
NW1/4 SW1/4 TO A POINT ON THE SOUTH LINE OF SAID NW1/4 SW1/4, SAID POINT
ALSO BEING ON THE NORTH LINE OF WAUKEE DEVELOPMENT PLAT NO 1, AN
OFFICIAL PLAT RECORDED IN BOOK 4, PAGE 95 AT THE DALLAS COUNTY
RECORDER'S OFFICE; THENCE N89°29'10"W, 407.82 FEET ALONG THE SOUTH LINE
OF SAID NW1/4 SW1/4, SAID SOUTH LINE ALSO BEING THE NORTH LINE OF SAID
WAUKEE DEVELOPMENT PLAT NO 1 , TO THE SW CORNER OF SAID NW1/4 SW1/4,
SAID SW CORNER ALSO BEING THE NW CORNER OF SAID WAUKEE
DEVELOPMENT PLAT NO 1 ; THENCE N00°10'49"E, 1318.94 FEET ALONG THE WEST
LINE OF SAID NW1/4 SW1/4 TO THE POINT OF BEGINNING AND CONTAINING 12.35
ACRES INCLUDING 1.67 ACRES OF PUBLIC RIGHT-OF-WAY EASEMENT MORE OR
LESS.
Section 5. Repealer. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 6. 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 7. Effective Date. This ordinance shall be in effect upon its final
passage, approval and publication as provided by law.
Passed by the Council this 21st day of June, 2021, and approved this 21st day of June, 2021.
Courtney Clarke, Mayor
Attest:
Rebecca D. Schuett, City Clerk