The URL can be used to link to this page

Home My WebLink About2013-10-21-Ordinance 2748_Rezoning, Parkview Crossing Plat 11, Book 2014 Page 901i olio lull uui lull lull uui iuu iuu iui mil mil mil lull lull lulu uiii iiui iui iui Book 2014 Page 901 Document 901 Tyyp• ORD Pogee 9 'Ve 1/22/2014 Time 12:24 PM Rac Amt S47.00 MTG - PCRF - BKRF_ Ched Airhert, Recorder ODD _ Del lee County IOWA D/C 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. 2748 AN ORDINANCE TO AMEND CHAPTER 300, ZONING ORDINANCE, CITY OF WAUKEE, IOWA BY REZONING AND CHANGING CERTAIN PROPERTY THEREIN FROM R-3 [RENTAL MULTI -FAMILY RESIDENTIAL DISTRICT] TO R-2 [ONE AND TWO FAMILY RESIDENTIAL DISTRICT] AND PD-1 [PLANNED DEVELOPMENT OVERLAY DISTRICT]; AND AMEND THE OFFICIAL ZONING MAP TO SHOW REZONING (PARKVIEW CROSSING PLAT 11 SUBDIVISION) 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 R-3 (Rental Multi -Family Residential District) to R-2 (One and Two Family Residential District) and PD-1 (Planned Development District), legally described as follows: LOT I I 1 OF PARKVIEW CROSSING PLAT 6, AN OFFICIAL PLAT RECORDED IN BOOK 2005, PAGE 166 AT THE DALLAS COUNTY RECORDER'S OFFICE, CITY OF WAUKEE, DALLAS COUNTY, IOWA CONTAINING 5.31 ACRES AND THE ADJACENT EAST HALF OF SE PARKVIEW CROSSING DRIVE RIGHT OF WAY AND THE ADJACENT SOUTH HALF OF SE PLEASANT VIEW DRIVE RIGHT OF WAY A PARCEL TO BE KNOWN AS PARKVIEW CROSSING PLAT 11. 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 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Book 2014 Page 901 1 of 9 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 215t day of October, 2013, and approved this 21" day of October, 2013. Attest: �U'Jmm f -'6600 Rebecca D. Schuett, City Clerk i l �T PeArd, • Book 2014 Page 901 2 of 9 ( 17 T 'T Book 2013 Page 21196 Document 2119E TWpe AGMNT Pages 7 Date 11/20/2013 Time 9:32 AM Rec Ant 937.00 MTG — PCRF — BKRF— Chad Airhsrt, Recorder ODD Dellas CountW IOWA 0/C 11111111 Bill1111111111111111II1111 WI II:.N RI:C010)FI) RF FURN "I0: Rchccca Schuctt Waukee Cite Clerk 230 Ili<ah�vay 6 W'Mikee, Iowa 50203 Pic -parer in onnation: farad Gects, City of `d✓aukee, 230 Highway 6, Waukee, fuwa 50263 Phorc 0,15) 987-4522 PLANNED DEVELOPMENT AGREEMENT This Planwd Development Agreement (the "Agreement") is made and entered into this &*day of 2013, by and between the CITY OF WAUKEE, IOWA, a municipal corporation (the "City"), and JERRY'S HOMES, INC., an Iowa corporation (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 (tile "Property"); and WHEREAS, the Developer has developed and submitted to the City a master development plan ("Development Plan") for developing the Property as a single family residential subdivision (the "Project"); and WHEREAS, in order to develop the Property in accordance with the Development Plan, the City and Developer desire that the Property be rezoned, prior to development, to a combination of R-2 (One and Two Family Residential District) and PD-1 (Planned Development District Overlay) zoning districts, in accordance with and in consideration of the provisions of this Agreement and Section 414.5 of the Iowa Code; and WHEREAS, the PD-1 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; Book 2014 Page 901 Book 201 -Page 21196 3 of 9 1 of l WI IEREAS, it is the intent of this Project to meet all of the requirements of the Waukee toning Ordinance, Waukee Site Plan Ordinance and Waukee Si(,n Ordinance except as modified by this A�rcemcnt. NOW. THFIREFORI:, 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 1'ollows: I. Rezoning. The Property shall be rezoned to R-2 (One and Two Family Residential District) and PD-1 (Planned Development District Overlay) from the present zoning classification of R-3 (Rental Multi -Family Residential District). 2. Master Development Plan. As required by the PD-1 regulations, the Developer has submitted a Development Plan in cony_►notion with the Developer's request for rezoning to a I'D overlay to allow the development of the Property as a single family residential development. A copy of the Development Plan, dated `f , prepared by Civil Engineering Consultants, Inc., is attached heret as Exhibit "B". The Developer agrees that the development of the Property shall be consistent with the Development Plan, and shall satisfy the following requirements: (a) Restrictions on Uses. Uses within the Development are intended to meet those uses as permitted in the R-2 (One and Two Family Residential District). (b) Declaration of Covenants. Restrictions and Easements. The Property Owner shall, at the time of final platting of the first lot to be developed, record with the county recorder a declaration regarding the establishment of certain easements and the declaration of certain restrictions and covenants. The declaration shall be subject to the review and approval of the City prior to its adoption and recording. (c) Bulk Regulations. The following bulk regulations shall be applicable as generally shown on the Development Plan: (i) Lot Area. (ii) Minimum Lot Width. (iii) Front Yard Building Setback. (iv) Front Yard House Setback. (v) Front Yard Garage Setback (vi) Rear Yard Setback. (vii) Side Yard Setback 8,000 square feet. 65 feet. 30 Feet (For Lots 1- I I). 20 Feet (For Lots 12-17). 25 Feet (For Lots 12-17). 30 Feet. 7 Feet Minimum/15 Feet Maximum 3. Runs with Land. The obligations under this Agreement shall run with the land and be binding upon the future owners of the Property. 2 Book 2014 Page 901 Book 2013_P2ge-21r96- 4 of 9 4. Warranty of Title. Developer hereby warrants to the City to defend Developer's title to the Property for purposes of this Agreement. 5. Amendment. The terms of this Agreement may be amended by mutual agreement ofthe parties hereto. but any such amendment shall be in writing and shall be filed of record with the Dallas County Recorder. 6. 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 7. 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. 8. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa. 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 effective agreement pursuant to the terms and conditions of Section 414.5 of the Iowa Code. 3 Book 2013 Pzg-c�-196 Book 2014 Page 901 73- -6-f 7 5 of 9 IN WITNESS WI IF:RLOF, the parties have executed this Agreement as of the date first above written. Attest: Rebecca D. SChUett, City Clerk DEVELOPER: CITY OF WAUKI�I: William F"Peard, Mayor Jerry's Homes, Inc. Name: Title: M Book 2013 f1g� Book 2014 Page 901 6 of 9 STATE OF IOWA ) ) ss. COt INTY OF DALLAS) On this day of Ibti�,�.;,la.0 2013. before me. the undersigned, a Notary Public in and for the State of Iowa, personally appeared William F. Peard and Rebecca D. SChuCtt. to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, 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 signed and sealed on behalf of the corporation, by authority of its City Council. as contained in 4' a tit seIt�t ei�No. -;tl` adopted by the City Council, under Roll Call of the City Council on the _�j6V day of OW, Wr., 13 , �008, and that William F. Peard and Rebecca D. Schuett acknowledged the execution of the instrument to be their tio!untary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Nota�ry P blic in and for the State of Iowa My Commission expires STATE OF IOWA ) _ _ ) ss. COUNTY OF On this ��}�� day of `c"; " , 2013, before me, the undersigned, a Notary Public in and for the State of �j si�i personally appeared.. Lk= - 11f;t ( , to me personally known, who being by me duly sworn, did say that the person is the �;ilx= Yj'j:T, g�.j',p'JERRY'S HOMES, INC., an Iowa corporation, and that the instrument was signed on behalf of said corporation by authority of its managers; and that said person acknowledged the execution of the foregoing instrument to be the voluntary act and deed of' the limited liability company by it voluntarily executed. Notary Public in and for the State of Iowa _ My Commission expires 5 Book 2014 Page 901 7 of 9 Book 2 3 e 196 of 7 Exhibit A l,e�,,al Description of' Property LOT I 1 1 OF PARKVIEW CROSSING PLAT 6, AN OFFICIAL PI_A"1' RECORDL:D IN BOOK 2005, PAGI 166 AT THE DALLAS COUNTY RECORDER'S OFFICE. CITY OF WAUKEE, DALLAS COUNTY, IOWA CONTAINING 531 ACRES A PARCEL TO BE KNOWN AS PARKVIEW CROSSING PLAT 1 1. 6 Book 201 e 1196 Book 2014 Page 901 8 of 9 < lt'l:; (at ri'mav;!'. FX111bit '13" Devc1omilent Plan Book 2014 Page 901 Book 20 e 21196 9 of 9 4__'C5