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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 1 of 10 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. Book 2013 Page 10219 2 of 10 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 3 of 10 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 1 of 7 Book 2013 Page 10219 4 of 10 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. 2 Boo age 7600 Pf 7 Book 2013 Page 10219 5 of 10 [REMAINDER OF TIIIS PAGE INTENTIONALLY LEFT BLANK; SIGNA`l'URE PAGE FOLLOWS.] :.. Book 2013 Page 10219 6 of 10 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 Book 2013 Page 10219 7 of 10 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 Book 2013 Page 10219 8 of 10 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 0 Book 2013 Page 10219 9 of 10 Exhibit B Development Plan J__�i C0r PLAN �� 1\WN wr�f I � �. f!)R41LlfER MEADOWS j---w� ^f3 �. - �/ �_ ��,. '�•P ��-v 1 OR'IhAIDSY[LOPFF a_ 9 � i 1 �r 1 a I -r I COOPER CRAWFORD & ASSOCIATES, LJ.C. CIVIL FN(;P'Pi.Rs a C lass SIN 7 Rook Book 2013 Page 10219 10 of 10