HomeMy WebLinkAbout2018-06-18-I01 Apple Rezoning_INTRO, 1ST READ AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: June 18, 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 A-1 to M-1/PD-1, a parcel to be known as
Apple Data Center [introduction; first reading]
FORMAT: Ordinance
SYNOPSIS INCLUDING PRO & CON:
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Staff would recommend approval of the first consideration of the
Ordinance in title only.
ATTACHMENTS: I. Proposed Ordinance
PREPARED BY: Brad Deets, Development Services Director
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION: Dallas County News
DATE OF PUBLICATION: June 7, 2018
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ORDINANCE NO. 18-________
AN ORDINANCE TO AMEND CHAPTER 301, ZONING ORDINANCE, CITY OF
WAUKEE, IOWA, BY CHANGING CERTAIN PROPERTY THEREIN FROM A-1
[AGRICULTURAL DISTRICT] TO M-1/PD-1 [LIGHT INDUSTRIAL
DISTRICT/PLANNED DEVELOPMENT OVERLAY DISTRICT]; AND AMEND THE
OFFICIAL ZONING MAP TO SHOW REZONING
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 of Waukee, Iowa, adopting the Official Zoning Map, is hereby am ended
by amending the zoning from A-1 (Agricultural District) to M-1/PD-1 (Light Industrial
District/Planned Development Overlay District) for the property legally described as follows
(the “Property”):
THE NORTHEAST QUARTER (NE ¼) OF THE SOUTHEAST QUARTER (SE
¼) OF SECTION 35, TOWNSHIP 79 NORTH, RANGE 27 WEST OF THE 5 TH
P.M., CITY OF WAUKEE, DALLAS COUNTY, IOWA; AND,
PARCEL 17-247 OF THE NORTHEAST QUARTER (NE ¼) OF THE
SOUTHWEST QUARTER (SW ¼) OF SECTION 31, TOWNSHIP 79 NORTH,
RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA AS SHOWN
IN THE SURVEY RECORDED IN BOOK 2018, PAGE 1530 IN THE OFFICE
OF THE DALLAS COUNTY RECORDER (PARCEL 12-31-300-008); AND,
THE WEST 23 ACRES OF THE NORTH HALF (N ½) OF THE SOUTHEAST
QUARTER (SE ¼) OF SECTION 31, TOWNSHIP 79 NORTH, RANGE 26
WEST OF THE 5TH P.M. (PARCEL 12-31-400-006); AND,
PARCEL "B" OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 30, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M.,
DALLAS COUNTY, IOWA AS SHOWN ON THE PLATE OF SURVEY
RECORDED IN BOOK 802, PAGE 672 IN THE OFFICE OF THE DALLAS
COUNTY RECORDER AND INCLUDING THE SOUTH HALF OF THE
ADJOINING 280TH STREET RIGHT OF WAY; AND,
PARCEL “CC” OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF
SECTION 30, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M.,
DALLAS COUNTY, IOWA AS SHOWN ON THE PLAT OF SURVEY
RECORDED IN BOOK 2015, PAGE 11658 IN THE OFFICE OF THE DALLAS
COUNTY RECORDER AND INCLUDING THE SOUTH HALF OF THE
ADJOINING 280TH STREET RIGHT OF WAY.
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Section 2. Planned Development Agreement. The Planned Development Agreement
recorded in Book 2017, Page 23442 in the Dallas County Recorder’s Office is the Planned
Development Agreement which shall define the minimum standards and requirements of the PD-
1 (Planned Development Overlay District) pertaining to the Property. Said agreement is hereby
amended to add the above legally described Property. All other provisions of the existing
Planned Development remain as originally approved.
Section 3. Repealer. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hearby repealed.
Section 4. 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 5. Effective Date. This ordinance shall be in effect upon its final passage,
approval and publication as provided by law.
Passed by the City Council of the City of Waukee, Iowa, this _____ day of _______________,
2018, and approved this ______ day of _____________, 2018.
William F. Peard, Mayor
Attest:
Rebecca D. Schuett, City Clerk
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Exhibit A
WHEN RECORDED RETURN TO:
Rebecca Schuett
Waukee Deputy City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer Information: Bradly M. Deets, City of Waukee, W. Hickman Road, Waukee, Iowa 50263 Phone (515) 987 -4522
________________________________________________________________________________________________________
AMENDMENT TO PLANNED DEVELOPMENT AGREEMENT
This Amendment to Planned Development Agreement (the "Agreement") is made and
entered into this ____ day of ____________, 2018, by and between the CITY OF WAUKEE,
IOWA, a municipal corporation (the "City"), and Apple, Inc, on it’s own behalf and as successor
in interest to Bravo Real Estate, LLC (the "Developer”).
WHEREAS, a Planned Development Agreement (the “Agreement”) recorded in Book
2017, Page 23442 in the Dallas County Recorder’s Office concerning certain property legally
described therein; and
WHEREAS, Developer now owns the property (the “Original Property”) that is subject
of the Agreement and is the successor in interest to Bravo Real Estate, LLC; and
WHEREAS, Developer has also acquired the property legally described on Exhibit “A”
attached hereto (the “Additional Property”) which is contiguous to the Original Property; and
WHEREAS, Developer seeks to zone the Additional Property in the same manner as the
Original Property and contemplates developing the Additional Property in the same manner as
contemplated by the Agreement; and,
WHEREAS, the Additional Property is currently zoned A-1 (Agricultural District); and,
WHEREAS, the parties seek to Amend the Agreement to add thereto the Additional
Property.
NOW, THEREFORE, in consideration of the above premises, the rezoning of the
Property, and the promises and agreements set forth herein, the parties hereto hereby agree as
follows:
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1. The Planned Development Agreement recorded in Book 2017, Page 23442 in the
Dallas County Recorder’s Office is hereby amended by adding the Additional Property described
in Exhibit 1(attached hereto) to Exhibit A of said Agreement and making said Additional
Property subject to said Agreement.
2. The Planned Development Agreement recorded in Book 2017, Page 23442 in the
Dallas County Recorder’s Office is hereby amended by amending and substituting Exhibit 2
(attached hereto) for Exhibit B of said Agreement.
3. All other provisions of the existing Planned Development remain as originally
approved.
4. Binding. The terms and conditions of this Agreement shall be binding upon and
shall inure to the benefit of the heirs, successors and assigns of the respective parties hereto
5. Severability. If any provision hereof is for any reason unenforceable or
inapplicable, the other provisions hereof will remain in full force and effect in the same manner
as if such unenforceable or inapplicable provisions had never been contained herein.
6. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Iowa.
7. Recording. This Agreement shall be recorded with the Dallas County, Iowa,
Recorder, as an exhibit to the ordinance rezoning the P roperty and shall constitute a valid and
effective agreement pursuant to the terms and conditions of Section 414.5 of the Iowa Code.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
CITY OF WAUKEE
By:______________________________
William F. Peard, Mayor
Attest:
______________________________
Rebecca D. Schuett, City Clerk
DEVELOPER:
Apple, Inc.
By:_______________________________
Name:_____________________________
Title:______________________________
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STATE OF IOWA )
) ss.
COUNTY OF DALLAS)
On this ____ day of _______________, 2018, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared William F. Peard and Rebecca D.
Schuett, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Waukee, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
Resolution No. _________ adopted by the City Council, under Roll Call of the City Council on
the ____ day of _______________, 2018, and that William F. Peard and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
________________________________
Notary Public in and for the State of Iowa
My Commission expires ____________
STATE OF _____________)
) ss.
COUNTY OF ___________)
On this ____ day of __________, 2018, before me, the undersigned, a Notary Public in
and for the State of ___________, personally appeared _______________, to me personally
known, who being by me duly sworn, did say that the person is the ____________ of
______________, an __________ corporation, and that the instrument was signed on behalf of
said corporation by authority of its managers; and that said person acknowledged the execution
of the foregoing instrument to be the voluntary act and deed of the corporation by it voluntarily
executed.
______________________________________
Notary Public in and for the State of _________
My Commission expires _____________
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Exhibit 1
Legal Description of the Additional Property
ADDITIONAL PROPERTY ADDED TO PLANNED DEVELOPMENT AGREEMENT
THE NORTHEAST QUARTER (NE ¼) OF THE SOUTHEAST QUARTER (SE ¼) OF
SECTION 35, TOWNSHIP 79 NORTH, RANGE 27 WEST OF THE 5TH P.M., CITY OF
WAUKEE, DALLAS COUNTY, IOWA; AND,
PARCEL 17-247 OF THE NORTHEAST QUARTER (NE ¼) OF THE SOUTHWEST
QUARTER (SW ¼) OF SECTION 31, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE
5TH P.M., DALLAS COUNTY, IOWA AS SHOWN IN THE SURVEY RECORDED IN BOOK
2018, PAGE 1530 IN THE OFFICE OF THE DALLAS COUNTY RECORDER (PARCEL 12-
31-300-008); AND,
THE WEST 23 ACRES OF THE NORTH HALF (N ½) OF THE SOUTHEAST QUARTER
(SE ¼) OF SECTION 31, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M.
(PARCEL 12-31-400-006); AND,
PARCEL "B" OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 30,
TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA
AS SHOWN ON THE PLATE OF SURVEY RECORDED IN BOOK 802, PAGE 672 IN THE
OFFICE OF THE DALLAS COUNTY RECORDER AND INCLUDING THE SOUTH HALF
OF THE ADJOINING 280TH STREET RIGHT OF WAY; AND,
PARCEL “CC” OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 30,
TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA
AS SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 2015, PAGE 11658 IN
THE OFFICE OF THE DALLAS COUNTY RECORDER AND INCLUDING THE SOUTH
HALF OF THE ADJOINING 280TH STREET RIGHT OF WAY.
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Exhibit “2”
Development Concept