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HomeMy WebLinkAbout2017-07-17-D01 Journey Senior Living Rezoning_2nd-3rd Consideration AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: July 17, 2017 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 PD-1/C-1A, PD-1/C-4, and C-4 to C-1, a parcel to be known as Blue Grass Commons [second; third (final) readings] FORMAT: Ordinance SYNOPSIS INCLUDING PRO & CON: During the 07/10/2017 public hearing on the rezoning application, the applicant’s representative requested that readings be waived: On an ordinance to amend Chapter 301, Zoning Ordinance, City of Waukee, Iowa, by rezoning and changing certain property therein from PD-1/C-1A, PD-1/C-4, and C-4 to C-1, a parcel to be known as Blue Grass Commons – Mayor Peard opened the public hearing and asked if any written correspondence had been received; City Clerk Schuett replied in the negative. Development Services Director Deets presented on the application, including a brief zoning history of the subject property. Nicole Neal of Civil Design Advantage (CDA), project engineer, addressed the council and requested that the second and third readings of the ordinance be waived. No comments were made by the public present. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: The Code of Iowa requires a vote of not less than three- fourths of all the members of the council (or 4 out of 5 for Waukee) in order to waive readings of an ordinance. RECOMMENDATION: Approve the second reading of the ordinance in title only, waive the third reading, and place to ordinance on final passage. ATTACHMENTS: I. Proposed Ordinance PREPARED BY: Becky Schuett REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 300, ZONING ORDINANCE, CITY OF WAUKEE, IOWA BY AMENDING CERTAIN PROPERTY FROM PD-1/C-1A, PD-1/C-4, AND C-4 TO C-1 [BLUE GRASS COMMONS] 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 PD-1/C-1A (Planned Development Overlay/Neighborhood Commercial District), PD-1/C-4 (Planned Development Overlay/Office Park Commercial District), and C-4 (Office Park Commercial District) to C-1 (Community & Highway Service Commercial District), legally described as follows: A PART OF PARCEL ‘AA’ OF LOT 2, WILLIAMS POINTE PLAT 7, AND OFFICIAL PLAT, AS SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 2014, PAGE 11668, AND A PART OF LOT 2, WILLIAMS POINTE PLAT 9, AN OFFICIAL PLAT, CITY OF WAUKEE, DALLAS COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL ‘AA’; THENCE SOUTH 89˚41’07” EAST ALONG THE NORTH LINE OF SAID PARCEL ‘AA’, 384.16 FEET; THENCE EASTERLY ALONG A CURVE CONCAVE SOUTHERLY WHOSE RADIUS IS 500.00 FEET, WHOSE ARC LENGTH IS 153.73 FEET AND WHOSE CHORD BEARS SOUTH 80˚52’38” EAST ALONG SAID NORTH LINE, 152.12 FEET; THENCE SOUTH 72˚04’09” EAST ALONG SAID NORTH LINE, 238.83 FEET TO THE NORTHEAST CORNER OF SAID PARCEL ‘AA’; THENCE CONTINUING SOUTH 72˚04’09” EAST ALONG THE EXTENDED NORTH LINE OF SAID PARCEL ‘AA’ TO THE CENTERLINE OF BRICK DRIVE, 35.00 FEET; THENCE ALONG SAID CENTERLINE SOUTHERLY AND ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS IS 1250.00 FEET, WHOSE ARC LENGTH IS 382.93 FEET AND WHOSE CHORD BEARS SOUTH 09˚08’36” WEST, 381.44 FEET; THENCE SOUTH 00˚22’44” WEST ALONG SAID CENTERLINE, 94.31 FEET TO THE EXTENDED NORTH LINE OF WILLIAMS POINTE PLAT 15, AN OFFICIAL PLAT; THENCE NORTH 89˚50’37” WEST ALONG THE NORTH LINE OF WILLIAMS POINTE PLAT 5, A DISTANCE OF 555.79 FEET; THENCE CONTINUING ALONG SAID NORTH LINE WESTERLY ALONG A CURVE CONCAVE NORTHERLY WHOSE RADIUS IS 350.00 FEET, WHOSE ARC LENGTH IS 66.51 FEET AND WHOSE CHORD BEARS NORTH 84˚24’01” WEST, 66.41 FEET; THENCE CONTINUING ALONG SAID NORTH LINE WESTERLY ALONG A CURVE CONCAVE SOUTHERLY WHOSE RADIUS IS 350.00 FEET, WHOSE ARC LENGTH IS 35.43 FEET AND WHOSE CHORD BEARS NORTH 84˚18’45” WEST, 65.34 FEET; THENCE NORTH 89˚40’05” WEST ALONG SAID NORTH LINE, 15.86 FEET TO THE NORTHWEST CORNER OF OUTLOT ‘Z’, SAID WILLIAMS POINTE PLAT 15; THENCE NORTH 89˚40’05”WEST ALONG SAID NORTH LINE EXTENDED, 60.00 FEET; THENCE NORTH 00˚18’53” EAST, 566.93 FEET TO THE NORTH LINE OF PARCEL ‘AA’ EXTENDED; THENCE SOUTH 89˚41’07” EAST ALONG SAID EXTENDED NORTH LINE, 60.00 FEET TO THE POINT OF BEGINNING DESCRIBED AREA IS 10.45 ACRES IN AREA (455,358 SQUARE FEET) SAID PARCEL TO BE REFERRED TO AS BLUE GRASS COMMONS 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 17th day of July, 2017, and approved this 17th day of July, 2017. William F. Peard, Mayor Attest: Rebecca D. Schuett, City Clerk