HomeMy WebLinkAbout2020-07-20-I04 15705 University Ave Rezoning_2ND READ AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: July 20, 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
Office Park Commercial District / PD-1 Planned Development Overlay to C-4
Office Park Commercial District and C-1A Neighborhood Commercial
District, a property addressed as 15705 University Avenue [second reading]
FORMAT: Ordinance
SYNOPSIS INCLUDING PRO & CON: Consistent with the discussion held at the public hearing,
the applicant has agreed to including a restriction on businesses which sell petroleum products or other
motor vehicle supplies located within the property proposed to be rezoned to C-1A.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: The ordinance has been revised to reflect the restriction.
RECOMMENDATION: Staff would recommend approval of the second consideration of the
Ordinance.
ATTACHMENTS: I. Proposed Ordinance
II. Letter from Applicant
PREPARED BY: Brad Deets, Development Services Director
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
I4
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) / PD-1 (PLANNED DEVELOPMENT OVERLAY) TO C-4 (OFFICE PARK
COMMERCIAL DISTRICT) AND C-1A (NEIGHBORHOOD COMMERCIAL DISTRICT)
FOR CERTAIN PROPERTY [15705 UNIVERSITY AVE]
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) / PD-1 (Planned Development Overlay) to C-4 (Office Park
Commercial District) for property legally described as follows:
A TRACT OF LAND IN THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER (S 1/2, S 1/4)
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 (1/4) CORNER OF SAID SECTION 35;
THENCE WEST 545.0 FEET ALONG THE SOUTH LINE OF SAID SW 1/4 TO A POINT; THENCE
NORTH 60.0 FEET TO THE POINT BEGINNING ON THE NORTH RIGHT-OF-WAY OF
UNIVERSITY AVENUE; THENCE CONTINUING NORTH 407.0 FEET TO A POINT; THENCE
WEST 467.0 FEET TO A POINT; THENCE SOUTH 407.0 FEET TO A POINT 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; EXCEPT THE SOUTH 200.0 FEET OF
THE WEST 200.0 FEET THEREOF.
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) / PD-1 (Planned Development Overlay) to C-1A (Neighborhood
Commercial District) for property legally described as follows:
THE SOUTH 200.0 FEET OF THE WEST 200.0 FEET OF THE FOLLOWING:
A TRACT OF LAND IN THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER (S 1/2, S 1/4)
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 (1/4) CORNER OF SAID SECTION 35;
THENCE WEST 545.0 FEET ALONG THE SOUTH LINE OF SAID SW 1/4 TO A POINT; THENCE
NORTH 60.0 FEET TO THE POINT BEGINNING ON THE NORTH RIGHT-OF-WAY OF
UNIVERSITY AVENUE; THENCE CONTINUING NORTH 407.0 FEET TO A POINT; THENCE
WEST 467.0 FEET TO A POINT; THENCE SOUTH 407.0 FEET TO A POINT 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 3. Restriction on Uses. Uses within the property are intended to meet those uses as
permitted in the C-4 (Office Park Commercial District) and C-1A (Neighborhood Commercial District),
however, businesses that include the retail sale of petroleum products and other supplies for motor
vehicles shall be prohibited.
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 6th day of July, 2020, and approved this 6th day of July, 2020.
Courtney Clarke, Mayor
Attest:
Rebecca D. Schuett, City Clerk