HomeMy WebLinkAbout2017-08-07-Ordinance 2854_Rezoning, University Woods, Book 2018 Page 3148\j
II II I I II II II I II I I II II I II IIII I III II
Doc ID: 007451180013 Type: ORD
Recorded: 03/01/2018 at 08:36:30 AM
Fee Amt: $32.00 Page i of 13
Dallas County Iowa
Chad C. Airhart RECORDER
File#
13K2018PG3148
Preparer Information: Bradly M. Deets, City of Waukee, 230 W. Hickman Rd., Waukee, IA 50263; 978-7899
Bill/Return Document to: Rebecca D. Schuett, City of Waukee, 230 W. Hickman Rd., Waukee, IA 50263; 978-
7904
ORDINANCE NO. 2854
AN ORDINANCE TO AMEND CHAPTER 301, ZONING ORDINANCE, CITY
OF WAUKEE, IOWA, BY CHANGING CERTAIN PROPERTY THEREIN FROM C-
4/PD-1 [OFFICE PARK COMMERCIAL DISTRICT/PLANNED DEVELOPMENT
OVERLAY DISTRICT] TO R-3/PD-I [RENTAL MULTI -FAMILY RESIDENTIAL
DISTRICT/PLANNED DEVELOPMENT OVERLAY DISTRICT]; AND AMEND THE
OFFICIAL ZONING MAP TO SHOW REZONING
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 of Waukee, Iowa, adopting the Official Zoning Map, is hereby amended
by amending the zoning from C-4/ PD-1 (Office Park Commercial District/Planned
Development Overlay District) to R-3/PD-1 (Rental Multi -Family Residential District/Planned
Development Overlay District) for property legally described as follows:
A TRACT OF LAND IN THE SOUTH ONE-HALF OF THE SOUTHWEST
QUARTER (S % SW 1/4) OF SECTION 35, TOWNSHIP 79 NORTH, RANGE 26
WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AS A POINT OF REFERENCE AT
THE SOUTH QUARTER (1/4) CORNER OF SAID SECTION 35; (FOUND
CHISELED CROSS-SECTION); THENCE WEST 545.0 FEET ALONG THE SOUTH
LINE OF SAID SW '/ TO A POINT (NOT IDENTIFIED); THENCE NORTH 60.0
FEET TO THE POINT OF BEGINNING (SET 5/8" I.R. WITH CAP NO. 5931) ON
THE NORTH RIGHT-OF-WAY LINE OF UNIVERSITY AVENUE; THENCE
CONTINUING NORTH 407.0 FEET TO A POINT (SET 5/8" I.R. WITH CAP NO.
5931); THENCE WEST 467.0 FEET TO A POINT (SET 5/8" I.R. WITH CAP NO.
5931); THENCE SOUTH 407.0 FEET TO A POINT (SET 518" I.R. WITH CAP NO.
5931); SAID POINT BEING IN A FENCE ON THE NORTH RIGHT-OF-WAY OF
UNIVERSITY AVENUE; THENCE EAST 467.0 FEET ALONG SAID RIGHT-OF-
WAY TO THE POINT OF BEGINNING AND CONTAINS 4.36 ACRES
EXCLUSIVE OF ROAD RIGHT-OF-WAY.
Section 2. Planned Development Agreement. Attached hereto as Exhibit
A is the Planned Development Agreement which shall define the minimum standards
and requirements of the PD-1 [Planned Development Overlay District] pertaining to
the above legally described property.
Section 3. Repealer. All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hearby 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 vailidity 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 City Council of the City of Waukee, Iowa, this 7`h day of August, 2017,
and approved this 7th day of August, 2017.
Nt;ffi card, Mayor
Attest:
lY '
Api44
Rebecca D. Schuett, City Clerk
Exhibit A
PLANNED DEVELOPMENT AGREEMENT
This Planned Development Agreement (the "Agreement") is made and entered into this
7th day of August, 2017, by and between the CITY OF WAUKEE, IOWA, a municipal
corporation (the "City"), and UNIVERSITY WOODS, LLC (the "Developer").
WHEREAS, Developer is the present owner of certain real property located within the
corporate limits of the City, which property is legally described on Exhibit "A" attached hereto
(the "Property"); and
WHEREAS, the Property is currently zoned C-4 (Office Park Commercial District) and
PD (Planned Development District Overlay) subject to the planned development agreement (the
"Planned Development") as recorded in Book 2008 Page 9070 within Dallas County, Iowa; and
as amended in Book 2012 Page 23457 within Dallas County, Iowa; and,
WHEREAS, the existing zoning and Planned Development allows for the development of
a commercial office park or a skilled recovery center as identified within the Planned
Development and Amended Planned Development; and
WHEREAS, the Developer would like to amend the zoning and Planned Development to
allow for the development of a senior living residential community consisting of assisted living
units as well as memory care units. The Developer would also like to maintain the ability to
develop a skilled recovery center as permitted within the Planned Development Amendment
recorded in Book 2012 Page 23457; and,
WHEREAS, the PD regulations require the Developer to enter into a development
agreement with the City that addresses the primary objective of the development as well as
providing specific guidelines and design standards for the development of the Property;
WHEREAS, it is the intent of this Project to meet all of the requirements of the Waukee
Zoning Ordinance, Waukee Site Plan Ordinance and Waukee Sign Ordinance except as modified
by this Agreement.
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 the
Developer and the City as follows:
1. Zoning. The Property will be rezoned from C-4/PD-1 (Office Park Commercial
District/Planned Development Overlay) to R-3/PD-I (Rental Multi -Family Residential
District/Planned Development Overlay).
3
2. Planned Development Amendment. This Planned Development Overlay District
shall amend and replace the original Planned Development Agreement recorded in Book 2008,
Page 9069 and the Amended Planned Development Agreement recorded in Book 2012 Page
23457.
3. Development Conceit. As required by the PD regulations, the Developer has
submitted a Development Concept in conjunction with the Developer's request for the Planned
Development Overlay District to allow for the development of a senior living residential
community or as an alternative, a skilled recovery center. A copy of the Development Concept
for the senior living residential community is attached hereto as Exhibit "B-1". A copy of the
Development Concept for a skilled recovery center is attached hereto as Exhibit "B-2". The
Developer agrees that the development of the Property shall be consistent with the Development
Concepts attached hereto as Exhibits "B-1" and "13-2", and shall satisfy the following
requirements:
(a) Restrictions on Uses.
(i) Nursing, convalescent and retirement homes.
(ii) A Skilled Recovery Center is defined as a non-residential facility that is
established and operated exclusively for the purpose of providing
comprehensive diagnostic, therapeutic, and restorative services to patients
for the rehabilitation of injured, disabled, or sick persons, at a single fixed
location, by or under the supervision of a physician. It also provides only
those services which meet the requirements for eligibility for Medicare,
Medicaid, private pay and insurance plans. Patients receiving treatment at
the facility may board at the facility for a length of time as permitted and
required by State and Federal laws under NF licensure, but at no time may
establish permanent residency in the facility.
(iii) All other uses as identified within the R-3 Rental Multi -Family Residential
District shall be restricted.
(b) Bulk Regulations. The following minimum requirements shall be applicable as
generally shown on the Development Plan:
(i) Front Yard Building Setback. The minimum building front yard setback
along University Avenue shall be forty (40) feet.
(ii) Rear Yard Building Setback. The minimum rear yard building setback
shall be thirty (30) feet.
0
(iii) Side Yard Building Setback. The minimum side yard setback(s) shall be
twenty-five (25) feet.
(iv) Setback Between Buildings. The minimum setback between buildings
internal to the site Project shall be twenty-five (25) feet.
(v) Maximum Height. Three stories or 40 feet.
(c) Parking.
Senior Independent Living. 1.25 stalls per unit plus 1 visitor stall for
every five units.
(ii) Senior Assisted Living. 1 stall per 2 dwelling units and 1 stall per staff
during the shift with the largest number of employees.
(iii) Memory 1 stall per 2 dwelling units and 1 stall per staff during the
shift with the largest number of employees.
(iv) Skilled Recovery Center. 1 stall per 2 dwelling units and 1 stall per staff
during the shift with the largest number of employees.
(d) Buffer and Open Space Requirements.
(1) Existing Vegetation. Developer acknowledges that the property currently
contains a substantial amount of vegetation. Prior to approval of site plan
for project, Developer agrees to undertake a tree survey which will
identify all trees that are larger than 6" in caliper. The existing healthy
trees within thirty (30) feet of the north and east property lines shall not be
removed except as necessary to construct a storm sewer outfall. Prior to
construction, a temporary fence will be required to be installed to protect
any trees from being removed. A number of trees internal to the site will
have to be removed in order to construct the site, however, the Developer
agrees to work with the City at the time of site plan approval to save other
trees internal to the site when grading and site layout allows. All trees
proposed to be removed must be approved at the time of site plan approval
by the City.
(ii) Landscaped Buffer. Developer shall provide a thirty (30) foot landscape
buffer along the north and east property lines of the Property. Within the
south one hundred fifty (150) feet of buffer along the east property line
where the existing vegetation is less substantial, a minimum of two (2)
overstory trees (minimum 2" caliper), two (2) evergreens (minimum 6' in
height), and one (1) ornamental tree (minimum 1" caliper) shall be planted
for every fifty (50) linear feet of buffer.
(iii) Open Space. A minimum of thirty (30) percent open space shall be
required which shall include the landscaped buffer, detention pond and
open space internal to the parking lots.
(iv) Trees. A minimum of two (2) trees per 1,500 square feet of required
open space and six (6) shrubs per 1,000 square feet of the required open
space shall be provided on the Property in addition to the existing trees
that will not be removed. Based upon the minimum number of trees
required, fifty (50) percent of the required trees shall be over -story trees
(minimum 2 inch caliper) and twenty-five (25) percent of the trees shall be
evergreens (minimum 6 feet in height).
(e) Architectural Requirements. The architecture of the building(s) shall be consistent
with the architectural standards as defined within Section 304, Site Plan
Ordinance, of the City of Waukee Code of Ordinances. Representative elevations
of the proposed uses are attached as Exhibit "D-1" and "D-2".
(f) Signage. Signage shall be consistent with the sign standards as defined within
Section 305, Signage Ordinance, of the City of Waukee Code of Ordinances.
(g) Lighting. All lighting shall be installed pursuant to the regulations within Section
304 Site Plan Ordinance of the City of Waukee Code of Ordinances. Parking lot
pole lighting shall not exceed twenty-five (25) feet from grade to the top of the
lighting fixture.
4. Runs with Land. The obligations under this Agreement shall run with the land
and be binding upon the future owners of the Property.
5. Warranty of Title. Developer hereby warrants to the City to defend Developer's
title to the Property for purposes of this Agreement.
6. Amendment. The terms of this Agreement may be amended by mutual agreement
of the parties hereto, but any such amendment shall be in writing and shall be filed of record with
the Dallas County Recorder.
7. Commencement of Project/Reversion of Zoning. Failure of the Developer to
obtain a building permit for one (1) building within the Project and to substantially commence
construction of such improvements on the first building before January 1, 2019 ("Start Date"),
shall be deemed sufficient cause for the City to rezone the Property back to the pre-existing
zoning and overlay requirements as recorded in Book 2012, Page 23457. Property Owner hereby
waives any objection to any such future rezoning to the pre-existing overlay requirements
pursuant to the terms of this Paragraph. Notwithstanding the foregoing, Developer shall have the
0
option to extend the Start Date for up to one year to the extent necessary to finalize construction
or lender requirements.
8. Binding. 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
9. 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 manner
as if such unenforceable or inapplicable provisions had never been contained herein.
10. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Iowa.
11. 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
effective agreement pursuant to the terms and conditions of Section 414.5 of the Iowa Code.
7
Exhibit A
Legal Description of Property
A TRACT OF LAND IN THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER (S
SW 1/4) OF SECTION 35, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M.,
DALLAS COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AS A POINT OF REFERENCE AT THE SOUTH QUARTER (1/4) CORNER
OF SAID SECTION 35; (FOUND CHISELED CROSS-SECTION); THENCE WEST 545.0
FEET ALONG THE SOUTH LINE OF SAID SW '/ TO A POINT (NOT IDENTIFIED);
THENCE NORTH 60.0 FEET TO THE POINT OF BEGINNING (SET 5/8" I.R. WITH CAP
NO. 5931) ON THE NORTH RIGHT-OF-WAY LINE OF UNIVERSITY AVENUE; THENCE
CONTINUING NORTH 407.0 FEET TO A POINT (SET 5/8" I.R. WITH CAP NO. 5931);
THENCE WEST 467.0 FEET TO A POINT (SET 5/8" I.R. WITH CAP NO. 5931); THENCE
SOUTH 407.0 FEET TO A POINT (SET 5/8" I.R. WITH CAP NO. 5931); SAID POINT
BEING IN A FENCE ON THE NORTH RIGHT-OF-WAY OF UNIVERSITY AVENUE;
THENCE EAST 467.0 FEET ALONG SAID RIGHT-OF-WAY TO THE POINT OF
BEGINNING AND CONTAINS 4.36 ACRES EXCLUSIVE OF ROAD RIGHT-OF-WAY.
Exhibit `B-1"
Development Concept
0
Exhibit "B-2"
Development Concept
HLU
Z
Q
a
LL
c
a
z
3
OuQ�
wN
3 W 0
d O
O w
O NLd
u,
„ <
Lu
W U Y
>
_ �
^x
0 �
> 0 =
Q
ao�
2 pm0
g
z
s
o
Z W CD
n
LLJ
V
a3c
N m_
z<m
Qom` 3
«
t7w
2N
J 1,
Y �
z
mavi°�
aWuu
LLzz
;� o0
oo�gmm
z=
z�
N
O
Q
o�p�O
av°S_
zD
o
yZ
Exhibit "®
Example ofDevelopment Pla and Buffer Enhancements inRelatonto Existing Tree Survey
rr p #f
||&�
w
�
LU
|§§§%q
Z §
�
tt�
-H H
o u 2<
tt
2B%0co
4*
-.
.,.,
>7&§�
= � \ \
�:�
� § <
/ �
■ �
�
B_jLLJ
�2
k
—
Uj-
:
.
§o
ki §
AA E
�
�
kk
!|
2
§
§
§
!kd
_
§
E
$ƒ
■`E!
to
kk\k
.
B
§\
k2§2
I
Exhibit "D-1 "
Example of Architectural Style of Building — Senior Living
12
Exhibit "D-2"
Example of Architectural Style of Building — Skilled Recovery Center
LLJ w
z
W W
OV><>�
O��
W -
wo
w [V
-
> V1 L
J N
V1 0 � �
N
DLU
�
W Z Q
d
>
L LI Q
Z
O
Y
V
Ln
so