HomeMy WebLinkAbout2018-12-17-J05 Telby LLC Rezoning_3RD READAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: December 17, 2018
AGENDA ITEM:Consideration of approval of an ordinance to amend Chapter 301, Zoning
Ordinance, City of Waukee, Iowa, by rezoning certain property from A-1
to K-RR, a property known as Telby LLC [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 in title only and place ordinance on final
passage.
ATTACHMENTS: I. Proposed Ordinance
PREPARED BY:Becky Schuett
REVIEWED BY:
J5
ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 300, ZONING ORDINANCE, CITY OF WAUKEE,
IOWA BY AMENDING CERTAIN PROPERTY FROM A-1 TO K-RR [TELBY LLC]
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 A-1 (Agricultural District) to K-RR (Kettlestone Retail Regional District), legally described as
follows:
A TRACT OF LAND BEING A PART OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 AND
THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, OF SECTION 9, TOWNSHIP 78 NORTH,
RANGE 26 WEST OF THE 5TH P.M., WAUKEE, DALLAS COUNTY, IOWA. SAID TRACT OF
LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST
1/4 OF SECTION 9, TOWNSHIP 78 NORTH, RANGE 26 WEST OF THE 5TH P.M., WAUKEE,
DALLAS COUNTY, IOWA; THENCE N83°55' 29"E, 1318.77 FEET ALONG THE NORTH LINE
OF SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 9, TO THE NORTHEAST
CORNER OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4; THENCE SOO°47'16"W, 935.37
FEET ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4 TO THE
NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 80 AS IT IS PRESENTLY
ESTABLISHED; THENCE 561°30'17"W, 214.37 FEET ALONG SAID RIGHT-OF-WAY LINE;
THENCE 560°11'14"W, 485.20 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE;
THENCE 556°55'43"W, 250.38 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, TO
THE SOUTH LINE OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4 ; THENCE
558°11'04"W, 60.43 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE; THENCE
577°21'59"W, 458.76 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, TO THE WEST
LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 9; THENCE
N01°09'18"E, 78.18 FEET ALONG SAID WEST LINE, TO THE NORTHWEST CORNER OF SAID
NORTHEAST 1/4 OF THE SOUTHEAST 1/4 , SAID CORNER ALSO BEING THE SOUTHEAST
CORNER OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4; THENCE NOO°46'50"E, 3.74
FEET ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4; THENCE
CONTINUING NOO°46.50"E, 1326.26 FEET ALONG SAID EAST LINE TO THE NORTHWEST
CORNER OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4 AND TO THE POINT OF
BEGINNING.
SAID TRACT OF LAND CONTAIN 36.67 ACRES MORE OR LESS.
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 and is subject to completion of the voluntary annexation of a
portion of the property into the City of Waukee by the City Development Board.
Passed by the Council this ____ day of ____________, 2018, and approved this ___ day of
______________, 2018.
William F. Peard, Mayor
Attest:
Rebecca D. Schuett, City Clerk