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HomeMy WebLinkAbout2018-01-02-J11 Deery Brothers Waukee Development Rezoning_3RD READAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: January 2, 2018 AGENDA ITEM:Consideration of approval of an ordinance to amend Chapter 301, Zoning Ordinance, City of Waukee, Iowa, by rezoning and changing certain property therein from R-4 to C-1, a property to be known as Deery Brothers Waukee Development [third (final) 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 third consideration to rezone the property. 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: J11 ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 300, ZONING ORDINANCE, CITY OF WAUKEE, IOWA BY AMENDING CERTAIN PROPERTY FROM R-4 TO C-1 [DEERY BROTHERS WAUKEE DEVELOPMENT] 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, adopting the Official Zoning Map, is hereby amended by changing the following real estate from R-4 (Row Dwelling & Townhome District) to C-1 (Community & Highway Service Commercial District), legally described as follows: A PART OF PARCEL ’17-140’ AS SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 2016 PAGE 24530 IN THE CITY OF WAUKEE, DALLAS COUNTY IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL ’17-140’; THENCE SOUTH 00°20'02" WEST ALONG THE EAST LINE OF SAID PARCEL ‘17-140’, A DISTANCE OF 589.80 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00°20'02" WEST ALONG SAID EAST LINE, 186.83 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL ’17-140’; THENCE SOUTH 89°49'18" WEST ALONG SAID SOUTH LINE, 201.24 FEET; THENCE WESTERLY ALONG SAID SOUTH LINE AND A CURVE CONCAVE SOUTHERLY WHOSE RADIUS IS 900.00 FEET, WHOSE ARC LENGTH IS 129.03 FEET AND WHOSE CHORD BEARS SOUTH 85°42'53" WEST, 128.92 FEET; THENCE SOUTH 81°36'27" WEST ALONG SAID SOUTH LINE, 6.18 FEET; THENCE WESTERLY ALONG SAID SOUTH LINE AND A CURVE CONCAVE NORTHERLY WHOSE RADIUS IS 900.00 FEET, WHOSE ARC LENGTH IS 129.89 FEET AND WHOSE CHORD BEARS SOUTH 85°44'32" WEST, 129.78 FEET; THENCE SOUTH 89°52'36" WEST ALONG SAID SOUTH LINE, 324.18 FEET; THENCE NORTH 00°19'32" EAST, 169.56 FEET; THENCE NORTH 89°52'35" EAST, 347.19 FEET; THENCE NORTH 73°47'14" EAST, 133.74 FEET; THENCE NORTH 89°52'35" EAST, 314.02 FEET TO THE POINT OF BEGINNING AND CONTAINING 3.24 ACRES (141,320 SQUARE FEET). Section 2. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. 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 4. Effective Date. This ordinance shall be in effect upon its final passage, approval and publication as provided by law. Passed by the Council this 4th day of December, 2017, and approved this 4th day of December, 2017. William F. Peard, Mayor Attest: Rebecca D. Schuett, City Clerk