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HomeMy WebLinkAbout2020-05-18-I02 Giles Property Rezone_3RD READAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: May 18, 2020 AGENDA ITEM:Consideration of approval of an ordinance to amend Chapter 169, Zoning Ordinance, City of Waukee, Iowa, by rezoning certain property from C- 4, C-1 and R-3 to K-RC, K-OF, K-MF Stacked Medium, and K-MF Stacked High, a property known as the Giles Property [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: I2 ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 169, ZONING ORDINANCE, CITY OF WAUKEE, IOWA BY AMENDING THE ZONING FROM C-4 (OFFICE PARK COMMERCIAL DISTRICT), C-1 (COMMUNITY & HIGHWAY SERVICE COMMERCIAL DISTRICT), AND R-3 (MULTI-FAMILY RESIDENTIAL DISTRICT) TO K-RC (KETTLESTONE RETAIL COMMUNITY DISTRICT), K-OF (KETTLESTONE OFFICE DISTRICT), K-MF STACKED MED (KETTLESTONE MULTI-FAMILY STACKED MEDIUM DISTRICT), AND K-MF STACKED HIGH (KETTLESTONE MULTI-FAMILY STACKED HIGH DISTRICT)FOR CERTAIN PROPERTY [GILES PROPERTY] BE IT ORDAINED by the Council of the City of Waukee: Section 1. Section 169.02 of Chapter 169, Waukee Municipal Code, Zoning Ordinance of the City, adopting the Official Zoning Map, is hereby amended by amending the Zoning from C-4 (Office Park Commercial District) to K-RC (Kettlestone Retail Community District) for property legally described as follows: An irregular shaped portion of Parcel 19-120 as shown on the Plat of Survey recorded in book 2019 at page 23340 in the office of the Recorder of Dallas County, Iowa, more particularly described as follows: Beginning at the southwest corner of said Parcel 19-120; thence northwesterly along the west line of said Parcel 19-120 and along a 1587.50 foot radius curve concave westerly, a distance of 464.87 feet to the northwest corner of said Parcel 19-120, said curve having a chord bearing of N08°18’46”W and a chord length of 463.22 feet; thence N83°26’05”E along the north line of said Parcel 19-120, a distance of 628.13 feet; thence S06°33’55”E, a distance of 463.00 feet to the south line of said Parcel 19-120; thence S83°26’05”W along the south line of said Parcel 19-120, a distance of 614.00 feet to the point of beginning. Section 2. Section 169.02 of Chapter 169, Waukee Municipal Code, Zoning Ordinance of the City, adopting the Official Zoning Map, is hereby amended by amending the Zoning from C-4 (Office Park Commercial District) to K-OF (Kettlestone Office District) for property legally described as follows: An irregular shaped portion of Parcel 19-120 as shown on the Plat of Survey recorded in book 2019 at page 23340 in the office of the Recorder of Dallas County, Iowa, more particularly described as follows: Commencing at the southwest corner of said Parcel 19-120; thence N83°26’05”E along the south line of said Parcel 19-120, a distance of 614.00 feet to the point of beginning; thence N06°33’55”W, a distance of 463.00 feet to the north line of said Parcel 19-120; thence N83°26’05”E along the north line of said Parcel 19-120, a distance of 611.68 feet; thence S06°21’44”E, a distance of 463.00 feet to the south line of said Parcel 19-120; thence S83°26’05”W along the south line of said Parcel 19-120, a distance of 610.04 feet to the point of beginning. Section 3. Section 169.02 of Chapter 169, Waukee Municipal Code, Zoning Ordinance of the City, adopting the Official Zoning Map, is hereby amended by amending the Zoning from C-1 (Community & Highway Service Commercial District) and C-4 (Office Park Commercial District) to K-MF Stacked High (Kettlestone Multi-Family Stacked High District) for property legally described as follows: An irregular shaped portion of Government Lot 1 and Government Lot 8 in Section 4, Township 78 North, Range 26 West of the 5th P.M., and a part of Government Lot 4 and Government Lot 5 in Section 3, Township 78 North, Range 26 West of the 5th P.M., and a portion of Parcel 19-120 as shown on the Plat of Survey recorded in book 2019 at page 23340 in the office of the Recorder of Dallas County, Iowa, all in Waukee, Dallas County, Iowa, more particularly described as follows: Beginning at the southeast corner of said Parcel 19-120; thence S83°26’05”W along the south line of said Parcel 19-120, a distance of 6.46 feet; thence N06°21’44”W, a distance of 463.00 feet to the north line of said Parcel 19-120; thence N06°28’44”W, a distance of 84.10 feet; thence northwesterly along a 750.00 foot radius curve concave westerly, a distance of 283.89 feet, said curve having a chord bearing of N18°25’49”W and a chord length of 282.19 feet; thence N60°43’34”E. a distance of 79.65 feet; thence N00°12’20”E, a distance of 578.02 feet to the south Right of Way line of the former Chicago Northwestern Railway; thence S62°52’20”E along said south Right of Way line, a distance of 732.18 feet; thence S00°19’41”W, a distance of 452.31 feet; thence S00°05’18”W, a distance of 578.69 feet to the north line of said Government Lot 5; thence S11°08’07”W, a distance of 47.59 feet; thence northwesterly along a 1000.00 foot radius curve concave southwesterly, a distance of 263.28 feet, said curve having a chord bearing of N86°24’25”W and a chord length of 262.52 feet; thence S83°38’16”W along the south line of said Government Lot 4, a distance of 293.89 feet to the point of beginning. Section 4. Section 169.02 of Chapter 169, Waukee Municipal Code, Zoning Ordinance of the City, adopting the Official Zoning Map, is hereby amended by amending the Zoning from C-1 (Community & Highway Service Commercial District), C-4 (Office Park Commercial District), and R- 3 (Multi-Family Residential District) to K-MF Stacked Med (Kettlestone Multi-Family Stacked Medium District) for property legally described as follows: An irregular shaped portion of Government Lot 4 and Government Lot 5 in Section 3, Township 78 North, Range 26 West of the 5th P.M., Waukee, Dallas County, Iowa, more particularly described as follows: Commencing at the southwest corner of said Government Lot 4; thence N83°38’16”E along the south line of said Government Lot 4, a distance of 566.76 feet to the point of beginning; thence N00°05’18”E, a distance of 578.69 feet; thence S89°20’24”E, a distance of 397.81 feet; thence S02°19’33”W, a distance of 532.50 feet to the north line of said Government Lot 5; thence N83°39’00”E along the north line of said Government Lot 5, a distance of 130.21 feet to the northwest corner of Parcel AA as shown on the Plat of Survey recorded in book 2012 at page 22640 in the office of the Recorder of Dallas County, Iowa; thence S26°36’49”E along the westerly line of said Parcel AA, a distance of 213.37 feet; thence S63°10’44”W, a distance of 4.79 feet; thence southwesterly along a 300.00 foot radius curve concave northerly, a distance of 226.66 feet, said curve having a chord bearing of S84°49’23”W and a chord length of 221.30; thence N73°31’58”W, a distance of 308.91 feet; thence northwesterly along a 1000.00 foot radius curve concave southwesterly, a distance of 93.06 feet, said curve having a chord bearing of N76°11’56”W and a chord length of 93.02 feet; thence N11°08’07”E, a distance of 47.59 feet to the point of beginning. 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 20th day of April, 2020, and approved this 20th day of April, 2020. Courtney Clarke, Mayor Attest: Rebecca D. Schuett, City Clerk