HomeMy WebLinkAbout2016-05-02-I02 Deery Brothers Rezoning_Ordinance AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: May 2, 2016
AGENDA ITEM: Consideration an ordinance to amend Chapter 301, Zoning Ordinance,
City of Waukee, Iowa, by rezoning and changing certain property therein
from A-1 to C-1 and R-4, a parcel to be referred to as Deery Brothers
Waukee Development [introduction; first 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 first
consideration to rezone the property subject to completion of annexation
proceedings.
RECOMMENDATION: Introduce the Ordinance and approve the first consideration subject to
completion of annexation proceedings.
ATTACHMENTS: I. Proposed Ordinance
PREPARED BY: Andy Kass, Senior Planner
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION: Dallas County News
DATE OF PUBLICATION: 4/21/16
ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 300, ZONING ORDINANCE, CITY OF WAUKEE,
IOWA BY AMENDING THE ZONING FOR CERTAIN PROPERTY FROM A-1 TO C-1;
AND AMENDING CERTAIN PROPERTY FROM A-1 TO R-4 [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 A-1 (Agricultural District) to C-1 (Community & Highway Service Commercial District),
legally described as follows:
A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32,
TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN DALLAS
COUNTY, IOWA AND MORE PARTICULALRY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 32; THENCE SOUTH
00˚20’02” WEST ALONG THE EAST LINE OF SAID SECTION 32, A DISTANCE OF 98.28 FEET
TO THE SOUTHEAST CORNER OF RIGHT OF WAY CONDEMNATION RECORDED IN BOOK
10 PAGE 260 AND THE POINT OF BEGINNING; THENCE SOUTH 00˚20’02” WEST ALONG
SAID EAST LINE, 589.80 FEET; THENCE SOUTH 89˚52’35” WEST, 314.02 FEET; THENCE
SOUTH 73˚47’14” WEST, 133.74 FEET; THENCE SOUTH 89˚52’35” WEST, 347.19 FEET;
THENCE SOUTH 00˚19’32” WEST, 169.56 FEET; THENCE SOUTH 89˚52’35”WEST, 532.35
FEET TO THE WEST LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST
QUARTER; THENCE NORTH 00˚19’32” EAST ALONG SAID WEST LINE, 800.71 FEET TO
THE SOUTH LINE OF THE ACQUISITION PLAT RECORDED IN BOOK 1998 PAGE 60;
THENCE NORTH 86˚07’40” EAST ALONG SAID SOUTH LINE, 494.13 FEET; THENCE SOUTH
89˚34’01” EAST ALONG SAID SOUTH LINE, 776.79 FEET; THENCE SOUTH 60˚56’09” EAST,
59.56 FEET ALONG THE SOUTH LINE OF SAID CONDEMNATION PLAT RECORDED IN
BOOK 10 PAGE 260 TO THE POINT OF BEGINNING AND CONTAINING 21.61 ACRES
(941,139 SQUARE FEET)
Section 2. 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 R-4 (Row Dwelling and Townhome District), legally described as
follows:
A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32,
TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN DALLAS
COUNTY, IOWA AND MORE PARTICULALRY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 32; THENCE SOUT
00˚20’02” WEST ALONG THE EAST LINE OF SAID SECTION 32, A DISTANCE OF 688.08
FEET TO THE POINT OF BEGINNING; THENCE SOUTH 0˚20’02” WEST ALONG SAID EAST
LINE, 187.14 FEET; THENCE WESTERLY ALONG A CURVE CONCAVE NORTHERLY
WHOSE RADIUS IS 550.00 FEET, WHOSE ARC LENGTH IS 6.79 FEET AND WHOSE CHORD
BEARS NORTH 86˚53’51” WEST, 6.79 FEET; THENCE NORTH 86˚32’38” WEST, 145.49 FEET;
THENCE WESTERLY ALONG A CURVE CONCAVE SOUTHERLY WHOSE RADIUS IS 550.00
FEET, WHOSE ARC LENGTH IS 147.71 FEET AND WHOSE CHORD BEARS SOUTH 85˚45’44”
WEST, 147.26 FEET; THENCE SOUTH 78˚04’07” WEST, 32.97 FEET; THENCE WESTERLY
ALONG A CURVE CONCAVE NORTHERLY WHOSE RADIUS IS 550.00 FEET, WHOSE ARC
LENGTH IS 113.35 FEET AND WHOSE CHORD BEARS SOUTH 83˚58’21” WEST, 113.41 FEET;
THENCE SOUTH 89˚52’35” WEST, 345.86 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 3.20 ACRES (139,303 SQUARE FEET)
Section 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby 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 Council this 2nd day of May, 2016, and approved this 2nd day of May, 2016.
William F. Peard, Mayor
Attest:
Rebecca D. Schuett, City Clerk