HomeMy WebLinkAbout2013-04-15-Ordinance 2727_Rezoning, Westown Meadows Plat 2, Book 2013 Page 10219Book 2013 Page 10219
Document 10219 Type ORD Pages 10
Date 6/0512013 Time 9:51 AM MTG
Rec Amt $52.00 PCRF-
6KRF
Chad Airhart, Recorder ODD —
Dallas County IOWA D/C 1
Preparer Information: Bradly M. Deets, City of Waukee, 230 W. Hickman Rd., Waukee, IA 50263; 987-4522
Bill/Return Document to: Rebecca D. Schuett, City of Waukee, 230 W. Hickman Rd., Waukee, IA 50263; 987-4522
ORDINANCE NO. 2727
AN ORDINANCE TO AMEND CHAPTER 300, ZONING ORDINANCE, CITY OF WAUKEE,
IOWA, BY REZONING AND CHANGING CERTAIN PROPERTY THEREIN FROM A-1
[AGRICULTURAL DISTRICT] TO R-2 [ONE AND TWO FAMILY RESIDENTIAL
DISTRICT]; AND REZONING AND CHANGING CERTAIN PROPERTY THEREIN FROM
A-1 [AGRICULTURAL DISTRICT] TO R-3 [RENTAL MULTI -FAMILY RESIDENTIAL
DISTRICT]; AND AMEND THE OFFICIAL ZONING MAP TO SHOW REZONING
(WESTOWN MEADOWS PLAT 2)
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 R-2 (One and Two Family Residential District), legally described
as follows:
A PART OF GOVERNMENT LOT 13 AND GOVERNMENT LOT 14 OF THE OFFICIAL PLAT
OF SECTION 4, TOWNSHIP 78 NORTH, RANGE 26 WEST OF THE 5TH P.M., WAUKEE,
DALLAS COUNTY, IOWA WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 13, SAID POINT ALSO
BEING THE NOTHWEST CORNER OF GOVERNMENT LOT 14 OF THE OFFICIAL PLAT OF
SECTION 4, TOWNSHIP 78 NORTH, RANGE 26 WEST OF THE 5TH P.M., WAUKEE, DALLAS
COUNTY, IOWA; THENCE N83°33'26"E, 332.14 FEET ALONG THE NORTH LINE OF SAID
GOVERNMENT LOT 14; THENCE S00°19'37"W, 1317.37 FEET TO THE SOUTH LINE OF SAID
GOVERNMENT LOT 14; THENCE S83°44'27"W, 649.28 FEET ALONG THE SOUTH LINE OF
SAID GOVERNMENT LOTS 14 AND 14 TO THE SOUTHEAST CORNER OF WESTOWN
MEADOWS PLAT 1, AN OFFICIAL PLAT, WAUKEE, DALLAS COUNTY, IOWA; THENCE
N00009'37"E, 1315.25 FEET ALONG THE EAST LINE OF SAID WESTOWN MEADOWS PLAT
1, TO THE NORTH LINE OF SAID GOVERNMENT LOT 13; THENCE N83°33'04"E, 317.39
Book 2013 Page 10219
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FEET TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 13 AND TO THE POINT
OF BEGINNING.
SAID TRACT OF LAND BEING SUBJECT TO ALL EASEMENTS OF RECORD.
SAID TRACT OF LAND CONTAINS 19.491 ACRES MORE OR LESS.
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 -I (Agricultural District) to R-3 (Rental Multi -Family Residential District), legally described as
follows:
A PART OF GOVERNMENT LOT 14 OF THE OFFICIAL PLAT OF SECTION 4, TOWNSHIP 78
NORTH, RANGE 26 WEST OF THE 5TH P.M., WAUKEE, DALLAS COUNTY, IOWA WHICH IS
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 14 OF THE
OFFICIAL PLAT OF SECTION 4, TOWNSHIP 78 NORTH, RANGE 26 WEST OF THE 5TH P.M.,
WAUKEE, DALLAS COUNTY, IOWA; THENCE S83033'26"W, 193.36 FEET ALONG THE
NORTH LINE OF SAID GOVERNMENT LOT 14, TO THE POINT OF BEGINNING; THENCE
S00019'37"W, 705.79 FEET TO A POINT OF CURVATURE OF A 1000.00 FEET RADIUS
CURVE CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY 517.97 FEET ALONG
SAID CURVE, SAID CURVE HAS A CHORD BEARING OF SI4°30'43"E AND A CHORD
LENGTH OF 512.20 FEET; THENCE S29°21'03"E, 110.85 FEET, TO THE SOUTH LINE OF SAID
GOVERNMENT LOT 14; THENCE S83040'09"W, 977.89 FEET ALONG SAID SOUTH LINE;
THENCE N00°19'37"E, 1317.37 FEET, TO THE NORTH LINE OF SAID GOVERNMENT LOT
14; THENCE N83°33'26"E, 790.75 FEET ALONG SAID NORTH LINE TO THE POINT OF
BEGINNING.
SAID TRACT OF LAND BEING SUBJECT TO ALL EASEMENTS OF RECORD.
SAID TRACT OF LAND CONTAINS 24.637 ACRES MORE OR LESS.
Said parcels to be referred to as WESTOWN MEADOWS PLAT 2.
Section 3. Zoning Change Agreement. Attached hereto as Exhibit A is the Zoning Change
Agreement which shall define additional restrictions being placed on the property which the applicant
has agreed to.
Section 4. Repealer. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
Section 5. 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 6. Effective Date. This ordinance shall be in effect upon its final passage, approval
and publication as provided by law.
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Passed by the City Council of the City of Waukee, Iowa, this 151" day of April, 2013, and approved this
15t' day of April, 2013.
zz�� AL1�
William . Peard, Mayor
Attest:
:ZL�2�
Tim Moerman, City Administrator/Clerk
Book 2013 Page 10219
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EXHIBIT A 11111 11L 111111111111111111111111111111111 IF 11111 1111111111
Book 2013 Page 7600
Document 7800 Type AGMNT Pages 7
WILFIV ILL'CORDED RETURN TO: Date 4/2s/M3 Time 2:51 PM
Rsc Amt $37.00 MTG -
Rebeeea Sehuett PCRF -
Deputy City Clerk BKRF-
230 W Hickman Road Chad Airhert. Recorder ODD
Waukee, Iowa 50263 Dallse County IOWA D/C
11111111111111 i 1111111111111111111
Preparer
lnforniation: Brad beets, City ol' Waukee, 230 W Hickman Road, Waukoo, Iowa 50263 Phone (515) 987-4522
ADDITIONAL CONDITIONS/ZONING CYIANGE AGREEMENT
This Additiol •il Condi 'ons/Zoning Change Agreement ("Agreement") is made and
entered into this /,,2_7ay of / r , 2013, by and between the CITY OF WAUKEE,
IOWA, a municipal corporation ("City"), and ARAC, LLC, an Iowa Limited Liability Company
("Property Owner").
WHEREAS, Property Owner presently owns certain real property located within the
corporate limits of the City which is legally described on Exhibit "A", attached hereto (the
"Property"); and
WI1 RI;AS, Property Owner has submitted a Development Plan attached prepared by
Cooper Crawford and Associates, dated February 6, 2013, for the development of the Property
("Development Plan"); and
WHEREAS, the City and Property Owner desire that the Property be rezoned from A-1
[Agricultural District] to R-2 [One and Two family Residential District] and R-3 [Multi -Family
Residential District] prior to development in accordance with, and in consideration of, the
provisions of this Agreement and Section 414.5 of the Iowa Code; and
WHEREAS, Property Owner and the City wish to set forth their agreements with respect
to the conditions and restrictions which will arise will) respect to the Property as a result of such
rezoning and development.
NOW, THEREFORE, in consideration of the above premises, the rezoning of the Property
and the promises and agreements set forth herein, it is hereby agreed between Property Owner and
the City as follows:
1. Rezoning. the Property shall be rezoned to IZ-2 [One and Two Family Residential
District] and R-3 [Multi -Family Residential District] from its present zoning classification of A -I
[Agricultural District].
Book 2013 P 7600
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2. Development Plan, The Property Owner has submitted the Development Plan in
conjunction with the Property Owner's request for rezoning. A copy of the Development Plan is
attached hereto as Exhibit "B." The Property Owner agrees that the development of the Property
shall be consistent with the Development Plan.
3. Restrictions. Notwithstanding the general zoning classification of R-2, the uses of
the property shall be restricted to Single Family Residential only consistent with the Development
Plan.
Notwithstanding the general zoning classification of R-3, the buildings along SE Westown
Parkway shall be restricted to no more than two (2) stories in height.
4. B__ufl__ers. The term %Ufler," as used herein, shall mean an area of open space,
which shall not include any building, structure or parking lot. When a final plat is approved for
the Property, Property Owner shall provide a twenty-five (25) Coot landscaped buffer easement
area along the north boundary of the Property identified as R-2 and along the north, west and east
boundaries of the Property identified as R-3, as shown on the Development Plan.
All planting materials placed in the landscaped buffer areas shall meet the requirements of
the Waukee Zoning Ordinance in regard to minimum size. Property Owner agrees to grant to the
City the landscape buffer easements identified above at the time of final platting of any portion of
the Property. The landscaped buffer easements shall provide that Property Owner, its successors
and assigns perpetually maintain such plantings in accordance with the Waukee Zoning
Ordinance.
5. Bindin . 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, and
all of the terms and conditions of this Agreement shall constitute conditions, covenants and
restrictions rurming with the land in perpetuity for the Property.
6. 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 mamler as
i I' such unenforceable or inapplicable provisions had never been contained herein.
7. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Iowa.
9. Effective. This Agreement is subject to and contingent upon approval by the
Waukee City Council of the rezoning of the Property in accordance with paragraph 1. In the
event the Waukee City Council does not approve said zoning change, this Agreement shall be null
and void.
10. Recording. This Agreement shall be recorded with the Dallas County, Iowa,
Recorder, as an exhibit to the ordinance rezoning the Property, and shall constitute a valid and
cilective agreement purSU ult to the terms and conditions of Section 414.5 of the Iowa Code.
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Boo age 7600
Pf 7
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[REMAINDER OF TIIIS PAGE INTENTIONALLY LEFT BLANK; SIGNA`l'URE PAGE
FOLLOWS.]
:..
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IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the
date first above written.
CITY OF WANKEL
13y:
E illiam F, eard,Mayor
Attest:
,
Tim Moerman, City Administrator
STATE OF IOWA )
) SS.
COUNTY OF DALLAS )
On this day of aD}rl , 2013, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared William F. Peard and Tim Moerman, to
me personally known, and who, being by me duly sworn, did say that they are the Mayor and City
Administrator, 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 signer d ar CA gked
on behalf of the corporation, by authority of its City Council, as contained in the trek Exa o.
a a adopted by the City Council on the � day of q�� i , 2013, and that
William F. Peard and Tim Moerman acknowledged the cxecution of the instrument to be their
voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily
executed.
REBECCA D. SCHUE'fT
Z Commission Number 716496 �Notary Public in and for the
My Commission Expires w" May 13, 2014 State of Iowa
My Commission expires OS�J
4 Book 201 e
0
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PROPERTY OWNER:
ARAC, L LC
STATE Oh IOWA )
) SS
COUNTY OF DALLAS )
On this _day of��// 20 before me, the undersigned, a
Notary Public in and for said County and the State of Iowa, personally appeared
��-���i^ to me personally known, who being by me duly sworn, did say that that
person is mGi of the corporation executing the foregoing instrument; that
(the seal affixed to .<aid instrument is the seal of the corporation or no seal has been procured by
the corporation) and that the instrument was signed (nand scaled) on behalf of the corporation by
authority of its Board of Directors; thatacknowledged the execution of
the instrument to be the voluntary act and deed of the corporation, by it and by him voluntarily
executed.
By:
Printed ame:
Notary Public in and for the State of Iowa
"" IFNE K. KEN � NE
r. COrtIf11mon i y
' �"- FebmM 1, 2016
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Exhibit A
T,egal Description of the Properly
A PART OF GOVERNMENT LOT 13 AND GOVERNMENT LOT 14 OF THE OFFICIAL PLAT OF
SECTION 4, TOWNSHIP 78 NORTH, RANGE 26 WEST OF THE 51-H P.M., WAUKEE, DALLAS
COUNTY, IOWA WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 13, SAID POINT ALSO BEING
THE NOTHWEST CORNER OF GOVERNMENT LOT 14 OF THE OFFICIAL PLAT OF SECTION 4,
TOWNSHIP 78 NORTH, RANGE 26 WEST OF THE 5T" P.M., WAUKEE, DALLAS COUNTY, IOWA;
THENCE N83°33'26"E, 332.14 FEET ALONG THE NORTH LINE OF SAID GOVERNMENT LOT
14; THENCE S00° 19'37"W, 1317.37 FEET TO THE SOUTH LINE OF SAID GOVERNMENT LOT
14; THENCE S83'44'27"W, 649.28 FEET ALONG THE SOUTH LINE OF SAID GOVERNMENT
LOTS 14 AND 14 TO THE SOUTHEAST CORNER OF WESTOWN MEADOWS PLAT 1, AN
OFFICIAL PLAT, WAUKEE, DALLAS COUNTY, IOWA; THENCE N00 ° 09'37"E, 1315.25 FEET
ALONG THE EAST LINE OF SAID WESTOWN MEADOWS PLAT 1, TO THE NORTH LINE OF SAID
GOVERNMENT LOT 13; THENCE N83°33'04"E, 317.39 FEET TO THE NORTHEAST CORNER
OF SAID GOVERNMENT LOT 13 AND TO THE POINT OF BEGINNING.
SAID TRACT OF LAND BEING SUBJECT TO ALL EASEMENTS OF RECORD.
SAID TRACT OF LAND CONTAINS 19.491 ACRES MORE OR LESS; AND
A PART OF GOVERNMENT LOT 14 OF THE OFFICIAL PLAT OF SECTION 4, TOWNSHIP 78
NORTH, RANGE 26 WEST OF THE 5rH P.M., WAUKEE, DALLAS COUNTY, IOWA WHICH IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 14 OF THE OFFICIAL PLAT
OF SECTION 4, TOWNSHIP 78 NORTH, RANGE 26 WEST OF THE 5TH P.M., WAUKEE, DALLAS
COUNTY, IOWA; THENCE S83'33'26"W, 193.36 FEET ALONG THE NORTH LINE OF SAID
GOVERNMENT LOT 14, TO THE POINT OF BEGINNING; THENCE S00° 19'37"W, 705.79 FEET
TO A POINT OF CURVATURE OF A 1000.00 FEET RADIUS CURVE CONCAVE TO THE
NORTHEAST; THENCE SOUTHEASTERLY 517.97 FEET ALONG SAID CURVE, SAID CURVE HAS
A CHORD BEARING OF S14°30'43"E AND A CHORD LENGTH OF 512.20 FEET; THENCE
S29-21'03"E, 110.85 FEET, TO THE SOUTH LINE OF SAID GOVERNMENT LOT 14; THENCE
S83040'09"W, 977.89 FEET ALONG SAID SOUTH LINE; THENCE NOO° 19'37"E, 1317.37
FEET, TO THE NORTH LINE OF SAID GOVERNMENT LOT 1.4; THENCE N83°33'26"E, 790.75
FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING.
SAID TRACT OF LAND BEING SUBJECT TO ALL EASEMENTS OF RECORD.
SAID TRACT OF LAND CONTAINS 24.637 ACRES MORE OR LESS.
6
Book 2013 P
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Exhibit B
Development Plan
J__�i C0r PLAN
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MEADOWS
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COOPER CRAWFORD
& ASSOCIATES, LJ.C.
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