HomeMy WebLinkAbout2009-09-14-Ordinance 2653_Rezoning, Fox Green Office Park, Book 2009 Page 18440II I I II I II I I II II IIII II I I I I I I III I I I II II I I I III II
Book 2009 Page 18440
Document 18440 Type ORD Pages 20
Date I1/18/2009 Time 10 40 AM
Rec Amt $104.00 MTG
PCRF
BKRF�-
Carol "Cindy" Hot, Recorder ODD "
Dallas County IOWA AUD
Preparer Information: Bradly M. Deets, City of Waukee, 230 W. I Iickman Rd., Waukee, IA 50263; 987-4522
Bill/Return DOCu111Cnt to: Rebecca D. Sehuett, City of Waukee, 230 W. Hickman Rd., Waukee, IA 50263; 987-4522
ORDINANCE NO. 2653
AN ORDINANCE TO AMEND CHAPTER 300, ZONING ORDINANCE, CITY OF
WAUKEE, IOWA, BY REZONING AND CHANGING CERTAIN PROPERTY THEREIN
FROM A-1 (AGRICULTURAL DISTRICTS TO C-4 [OFFICE PARK COMMERCIAL
DISTRICT]; AND THEN BY REZONING AND CHANGING CERTAIN PROPERTY
THEREIN FROM C-4 {OFFICE PARK COMMERCIAL DISTRICTS TO PD-1 [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, Waukce Municipal Code, Zoning Ordinance of
the City, adopting the Official Zoning Map, is hereby amended by changing the following real estate
fi-om A -I [Agricultural District] to C-4 [Office Park Commercial District], legally described as
follows:
A PARCEL OF LAND SITUATED IN THE SOUTHWEST AND SOUTHEAST QUARTERS
OF SECTION 4, TOWNSHIP 78 NORTH, RANGE 26 WEST OF THE FIFTH PRIME
MERIDIAN; IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA; AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE POINT OF BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION;
THENCE N 84002'42" E, 596.48 FEET; THENCE N 00034'03" E, 787.84 FEET TO THE
ENDPOINT ON A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF
1500.00 FEET AND A CENTRAL ANGLE OF 27036'34" AND BEING SUBTENDED BY A
CHORD WHICH BEARS N 14022' 19" E, 715.84 FEET; THENCE N 90000'00" W, 1414.85
FEET; THENCE S 00°14'00" W, 1610.20 FEET; THENCE N84°02'42" E, 643.30 FEET TO
THE POINT OF BEGINNING;
CONTAINING 44.75 ACRES MORE OR LESS.
Book 2009 Page 18440
1 of 20
And then rezoning the above legally described C-4 [Office Park Commercial District] to PD-1
[Planned Development Overlay District].
A parcel also known as Fox Green Office Park.
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.
Section 4. Severabili . 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 City Council of the City of Waukee, Iowa, this 14`' day of September 2009, and
approved this 14` day of September 2009.
Attest:
JeffreVffl-oistra,'6ty Administrator/Clerk
Book 2009 Page 18440
2 of 20
EXHIBIT A — PLANNED DEVELOPMENT AGREEMENT
WHEN RECORDED RETURN TO:
Rebecca Schuett
Waukee Deputy City Clerk
230 W Hickman Road
Waukee, Iowa 50263
Preparer Information: Brad Deets, City of Waukee, 230 W Hickman Road, Waukee, Iowa 50263 Phone (515) 987-4522
PLANNED DEVELOPMENT AGREEMENT
This Planned Dev lopment Agreement (the "Agreement") is made and entered into this
JH0 day of , 2009, by and between the CITY OF WAUKEE, IOWA, a
municipal corporatin (the "City"), and CHARLES S. AND TERRY I. SWALLOW TRUST, KE
BREWER, LLC, an Iowa limited liability company, and TKC REAL ESTATE, LLC, an Iowa
limited liability company (collectively the "Property Owner").
WHEREAS, the Property Owner 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 Owner has developed and submitted to the City a master
development plan ("Development Plan") for developing the Property (the "Project")as a planned
office park, utilizing sustainable concepts such as Leadership in Energy and Environmental
Design (LEED) and Low Impact Development (LID) which is an environmentally sustainable
approach to stormwater management; and
WHEREAS, in order to develop the Property in accordance with the Development Plan,
the City and Property Owner desire that the Property be rezoned, prior to development, to C=4
(Office Park Commercial District) and PD-1 (Planned Development District Overlay) (PD)
zoning districts, in accordance with and in consideration of the provisions of this Agreement and
Section 414.5 of the Iowa Code; and;
Book 2009 Page 18440
3 of 20
IF
WHEREAS, the PD regulations require the Property Owner 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; and
WHEREAS, it is the intent of this Project to meet all of the requirements of the Waukee
Zoning Ordinance, Waukee Site Plan Ordinance, Waukee Sign Ordinance, Waukee Subdivision
Ordinance and Waukee Building Code, 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
Property Owner and the City as follows:
1. Rezoning. The Property shall be rezoned to C-4 (Office Park Commercial
District) and PD-1 (Planned Development District Overlay) from the present zoning
classifications of A-1 (Agricultural District).
2. Master Development Plan. As required by the PD regulations, the Property
Owner has submitted a Development Plan in conjunction with the Property Owner's request for
rezoning to a PD overlay to allow the development of the Property as a concept for a Sustainable
POD. For the terms of this Agreement, a Sustainable POD shall be defined as an office park
development that utilizes to the fullest extent possible principles of sustainable development. A
copy of the Development Plan, dated July 14, 2009, prepared by William J. Ludwig and
Associates, LTD, is attached hereto as Exhibit "B". The Property Owner agrees that the
development of the Property shall be consistent with the Development Plan, and shall satisfy the
following requirements:
(a) Platting of Lots/Construction in Phases. The Property may be platted into several
lots for purposes of the Property Owner. Property Owner and the City agree that
the Property will be developed in multiple phases with the first phase consisting
of a minimum of one lot.
(b) Restrictions on Uses. Uses within the Project are intended to meet those uses as
permitted in the C-4 (Office Park Commercial District) with the following
exceptions:
(i) Conference Center/Events Center shall be permitted. The center shall be a
facility used to host business events such as conferences, seminars,
training sessions and exhibitions and during non business hours for social
events such as galas and receptions.
(c) 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, including but not limited
2
Book 2009 Page 18440
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to, open space preservation requirements, responsibility for landscaping
maintenance, trash collection schedule, and a prohibition on temporary structures.
The declaration shall be subject to the review and approval of the City prior to its
adoption and recording.
(d) Leadership in Energy and Environmental Design (LEED). The intent of this
Project is that it is built and designed with sustainability and the environment in
mind. Close attention shall be taken in the overall design of the development
including placement of buildings, location of parking and open spaces and types
of landscaping and planting materials used. Recognizing the desire for this to be
a sustainable business park development, at a minimum, all buildings within the
Project shall be designed to meet the requirements for LEED certification
pursuant to the terms of the U.S. Green Building Council (USGBC) but are not
required to actually submit and receive certification. A Project Checklist has been
attached hereto as Exhibit "C" for reference. It should be noted that provisions
for LEED certification may be changed as approved by the USGBC from time to
time and individual buildings within the Project shall be required to meet the
current applicable requirements at the time the individual building is developed.
(e) Low Impact Development (LID) — environmentally sustainable approach to
stormwater management LID is an approach that attempts to achieve stormwater
control through the development and effective implementation of a hydrologically
functional landscape that mimics natural systems. LID specifically aims to
preserve open space and minimize land disturbance while protecting natural
systems and processes. LID techniques attempt to incorporate natural elements
into site design and manage stormwater at its source with the ultimate goal of
preserving pre -development hydrology and water quality. All sites within the
Project shall be required to implement LID principals unless it can be
demonstrated that the implementation of such principals is impractical due to site
layout and storm water characteristics of the site. Examples of acceptable
stormwater management techniques are included as Exhibit D.
(f) Bulk Regulations. All sites within the Project shall be consistent with the bulk
regulations section of the C-4 (Office Park Commercial District).
(g) Parking. A minimum of four parking stalls per 1,000 square feet of the gross
floor area of the building shall be provided for each building within the
development. Additional requirements may be applicable as outlined in the
current LEED rating system. Parking lots shall be designed to allow for sharing
of parking and access. Provisions for shared parking and cross access easements
shall be defined within the Declaration of Covenants, Restrictions and Easements.
Book 2009 Page 18440
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(h) Buffer and Open Space Requirements.
(1) Open Space. A minimum of 25% open space shall be required which shall
include landscaped buffers, detention ponds and open space internal to the
parking lots. In addition to local requirements, open space within the
Project boundary shall exceed local requirements by 25% as outlined in
the current LEED rating system. Total open space requirement shall be
31.25%.
(ii) Landscaped Buffer. A minimum 25 foot wide buffer shall be required
along the west property line of the Property. The landscaped buffer shall
include a minimum of one (1) over -story tree (minimum two-inch caliper),
three (3) evergreens (minimum six foot height) and two ornamental trees
(minimum 1.5 inch caliper) per every one hundred (100) linear feet. The
plantings shall be required to be planted as a part of the development of
the individual sites.
(ill) 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. 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). Plantings are
encouraged to be native and adaptive for minimal maintenance and water
usage.
(iv) Vegetated Roof. Professional installation of vegetated roofs shall be
permitted and is strongly encouraged.
(h) Wind Energy System Requirements. Wind Energy Systems within the Project
shall be permitted pursuant to the minimum standards of the Waukee Zoning
Ordinance.
(i) Solar Energy System Requirements. Solar collectors mounted on the ground in
the rear yard or attached to the principal building facing the front, side or rear
yard at a height no grater than the five feet above the peak of the roof of the
principal structure shall be permitted. The mounting of solar collectors shall be in
accordance with the requirements of the Waukee Building Code.
(j) Architectural Requirements. Developer agrees to construct buildings within the
Project consistent with the minimum architectural standards as defined within
Section 304, Site Plan Ordinance, of the City of Waukee Code of Ordinances.
Examples of the anticipated architectural style of buildings within the Project
have been included as Exhibit E.
4
Book 2009 Page 18440
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(k) Signage. All signage including monument, entry monument, and building signs
shall be consistent with the regulations of the Waukee Sign Ordinance.
(1) Lighting. All lighting shall be installed pursuant to the regulations within Section
304 Site Plan Ordinance of the City of Waukee Code of Ordinances. Exterior
lighting power densities shall not exceed ANSI/ASHRAE/IESNA Standard 90.1-
2007 or the Waukee Site Plan Ordinance, whichever, is more restrictive. Exterior
lighting must follow the zone requirements outlined in the current LEED rating
system.
Interior lighting shall require the implementation of reduced input power or
shielding of all nonemergency interior luminaries as outlined in the current LEED
rating system.
3. Runs with Land. The obligations under this Agreement shall run with the land
and be binding upon the future owners of the Property.
4. Warranty of Title. Property Owner hereby warrants to the City to defend Property
Owner's title to the Propc~rty for pure of thi- 'ygreement.
5. Amendment. The terns of this Agreement may be amended by mutual a-reemunt
of the parties hereto only after adherence to the requirements of the Waukee City Code
�rtainin to rcroning.
6. Rindin(,,. 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.
9. Commencement of Project/Reversion of Zoning. Failure of the Property Owner
to obtain final plat approval and obtain a building permit for one (1) building within tine Project
and to substantially commence construction of such improvements on the first building before
December 31, 2011 ("Start Date"), shall be deemed sufficient cause for the City to rezone the
Property back to A-1 (Agricultural District). Property Owner hereby waives any objection to
any such 1UtUre rezoning to the A-1 zoning classification pursuant to the terms of this Paragraph.
5
Book 2009 Page 18440
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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.
(REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE
FOLLOWS.)
G
Book 2009 Page 18440
8 of 20
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
CITY OF WAUKEE
• / / %'=',,,,;tom /
.. .
Attest:
J f e . Kooistra
i Administrator/Clerk
CHARLES S. AND TERRY I. SWALLOW TRUST:
ByC._.._.. _ -
Name.
Title: 7,
KE BRRy LLC: 109
Title:
bh%
Book 2009 Page 18440
9 of 20
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
OF WAUKEE / 'srD
WiXm F. Peard, Mayor
Attest:
CHARLES S. AND TERRY 1. SWALLOW TRUST:
KE BREWER LLC:
By:. &d"6
�rrt
Name: /KAA Zr A—
�=
TKC REAL ESTATE LLC:
B
Nam T oC "IZZ
Title:
II
Book 2009 Page 18440
10 of 20
STATE OF IOWA )
) ss.
COUNTY OF DALLAS)
On this rl" day of Aj()J-(Mkf , 2009, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared William F. Peard and Jeffrey L.
Kooistra, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and City Administrator/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 si a ealed on behalf of the corporation, by authority of its City Council,
as contained in Ralvi . A# 5j adopted by the City Council, under Roll Call of the
City Council on the 141M day of , 2009, and that William F. Peard and Jeffrey
L. Kooistra acknowledged the execu ion of the instrument to be their voluntary act and deed and
the voluntary act and deed of the corporation, by it voluntarily executed.
w7iv
SCF;Notary Public in and for the
mber 716496 State of Iowa
on Expires2011 My Commission expires OS 6
3]
Book 2009 Page 18440
11 of 20
ATTACHED TO PLANNED DEVELOPMENT AGREEMENT
State of California )
County of Sonoma )
On September 9, 2009 before me,
Alice Noel , Notary Public (here insert name and title of the officer),
personally appeared Charles S. Swallow ---------------------------------------------------------------------------
who proved to me on the basis of satisfactory evidence to be the person(i) whose name( is re subscribed to the within
instwment and acknowledged to me the e executed the same in his herftiir auttforized capacity(ies), and that
b his it signature(p) on the instrunl6nt the person(), or the entity upon behalf of which the person() acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal. --_�
Signature '��� (Seal)
ALICE NOEL
Z
COMM. #1855299
V
NOTARY PUBLIC - CALIFORNIA
Z
SONOMACOUNTY
My Comm. Expires June 30, 2013
(notary)(12-07) 10 Book 2009 Page 18440
12 of 20
STATE OF ? vu/FL- )
ss.
COUNTY OF vo j K
On this / V day of �, 2009, before me, the undersigned, a Notary Public in
and for the State of 1 oycL , personally appeared ICurt.4, Qwet-to me personally
known, who being by me duly sworn, did say that the person is the a of
TKC-I [mac , a . i; o,: hd'� :a 6.% f+"/" and that the instr ment was
signed on behalf of said corporation by authority 6f its officers; and that said person
acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the
corporation by it voluntarily executed.
DIONE R. YOUNG
,g Commission Number 154062
My Commission Expires
ow► November 16, 2010
STATE OF
p 1 1 ss.
COUNTY OF <
Notary Publi,�e*d fthe State of lz/
My Commission expires It / 1/0
On this /V day of , 2009, before me, the undersigned, a Notary Public in
and for the State of personally appeared IrI4 6. ereket-, to me personally
known a who being by me duly sworn, di say that the person is - the rio of
JCE Jr-ecog!!7, Ld-c a �. : 40t'and that the instAlment was
signed on behalf of said corporation by authority oT its officers; and that said person
acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the
corporation by it voluntarily executed.
DIONE R. YOUNG Notary Public in and or
o~ �+ Commission Number 15"2 the State of �c
My Commission Expires My Commission expires
ow November 16, 2010
Book 2009 Page 18440
13 of 20
Exhibit "A"
Legal Description of Property
A PARCEL OF LAND SITUATED IN THE SOUTHWEST AND SOUTHEAST QUARTERS
OF SECTION 4, TOWNSHIP 78 NORTH, RANGE 26 WEST OF THE FIFTH PRIME
MERIDIAN; IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA; AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE POINT OF BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION;
THENCE N 84002'42" E, 596.48 FEET; THENCE N 00°34'03" E, 787.84 FEET TO THE
ENDPOINT ON A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF
1500.00 FEET AND A CENTRAL ANGLE OF 27036'34" AND BEING SUBTENDED BY A
CHORD WHICH BEARS N 14022' 19" E, 715.84 FEET; THENCE N 90°00'00" W, 1414.85
FEET; THENCE S 00°14'00" W, 1610.20 FEET; THENCE N84°02'42" E, 643.30 FEET TO
THE POINT OF BEGINNING;
CONTAINING 44.75 ACRES MORE OR LESS.
12
Book 2009 Page 18440
14 of 20
Exhibit "B"
Master Development Plan
i. i2��ti SsILti~ri t! ,S I1� � L I tii�v ` •. !
Vi
FOX GREEN OFFICE PARK - WAUK9F, IOWA
13
Book 2009 Page 18440
15 of 20
Exhibit "C"
LEED 2009 For New Construction and Major Renovations Project Checklist
Prdjecl Name.
PrgnLAddreu:
LEE D M9 for New ConStWion and Major Renovarlon
Project Scorecard
Conaffmeod Murry pIalwas Prevu.m
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Regnrolly Defined Oe11 Adawd
1
Regnnally Defined oedt P<aeved
1
Canilind'. 40-/9pdns slim 6069pdres Odd. W79pdns Plan= 80-pahs
15 Book 2009 Page 18440
17 of 20
Exhibit "D"
Examples of Low Impact Development Stormwater Management Design
0
1444 NW 124-COURT DESMOINES,IOWA 50325
N15N6516/2151111/5M011 5/2�l 1511115 A� 515/2]31112
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Exhibit "E"
16 Book 2009 Page 18440
18 of 20
111,11 rl
WIWAM J. L JDWIG AND ASSOCIATES, LTD.
14" NW I24 -COURT DES MaNES IOWA SO=$
r. .515/373n1 1u 515/27&1113. .. e�einsn,x
ARCHITECTURAL EXAMPLE 1117RSPEC-11VI
vol
ARCHITECTURAL EXAMPLE PE:RSPECTIVi:
m
WiLuAM J. LUDWIG AND ASsmIATES, LTD.
1444 NW124TMCOURT OMMOINES,IOWA 50325
n,Or+E 515/2731111 a 515/2734113- nrt 515/TJ31112
igb1E. 515/2AOE3I0 - � Erin. urowr.K:lr.,xwr.co,n
Book 2009 Page 18440
20 of 20