The URL can be used to link to this page

Home My WebLink About2022-04-04 Ordinance 3025_Rezoning, Indi Run Plat 4, Book 2022 Page 8364IIIIIIII II IIIIIIIIIIIII IIIIIIIIIIIII III II III II I IIII Doc ID: 008781150011 Type: ORD Recorded: 04/19/2022 at 10:41:08 AM Fee Amt: $57.00 Page 1 of 11 Dallas County Iowa Chad C. Airhart RECORDER File# BK2022 PG8364 Preparer Information: City of Waukee Community Development Department, 230 W. Hickman Rd., Waukee, IA 50263, 978-9533 Bill/Return Document to: City Clerk, City of Waukee, 230 W. Hickman Rd., Waukee, IA 50263; 978-7904 ORDINANCE NO. 3025 AN ORDINANCE TO AMEND CHAPTER 169, ZONING ORDINANCE, CITY OF WAUKEE, IOWA BY AMENDING THE ZONING FROM R-2 (ONE AND TWO FAMILY RESIDENTIAL DISTRICT) TO R-2 (ONE AND TWO FAMILY RESIDENTIAL DISTRICT) / PD-1 (PLANNED DEVELOPMENT OVERLAY) AND R-4 (ROW DWELLING & TOWNHOME DISTRICT) FOR CERTAIN PROPERTY [INDI RUN PLAT 41 BE IT ORDAINED by the Council of the City of Waukee: Section 1. Section 160.02 of Chapter 169, Waukee Municipal Code, Zoning Ordinance of the City, adopting the Official Zoning Map, is hereby amended by amending the zoning from R-2 (One & Two Family Residential District) to R-2 (One & Two Family Residential District) / PD-1 (Planned Development Overlay District) for property legally described as follows: A PART OF THE SOUTHWEST QUARTER AND A PART OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA AND MORI; PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 28; THENCE SOUTH 00'18'51" WEST ALONG THE EASTERLY LINE OF SAID SOUTHWEST QUARTER, 197.22 FEET TO THE EASTERLY RIGHT OF WAY LINE OF NW 2ND STREET AND THE POINT OF BEGINNING; THENCE NORTH 76°13'12" EAST ALONG SAID EASTERLY RIGHT OF WAY LINE, 16.22 FEET; THENCE SOUTH 76°22'22" EAST, 142.87 FEET; THENCE SOUTH 65019'51" EAST, 129.38 FEET; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS IS 2965.00 FEET, WHOSE ARC LENGTH IS 412.11 FEET AND WHOSE CHORD BEARS SOUTH 61020'57" EAST, 411.78 FEET; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS IS 2035.00 FEET, WHOSE ARC LENGTH IS 75.25 FEET AND WHOSE CHORD BEARS SOUTH 58025'36" EAST, 75.25 FEET; THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 25.00 FEET, WHOSE, ARC LENGTH IS 37.75 FEET AND WHOSE CHORD BEARS SOUTH 16013'39" EAST, 34.26 FEET; THENCE SOUTH 27"01'52" WEST, 159.93 FEET; THENCE NORTH 62°58'08" WEST, 125.28 FEET; THENCE SOUTH 3301521" WEST, 108.08 FEET; THENCE SOUTH 39°54'11" WEST, 61.31 FEET; THENCE SOUTH 46043'40" WEST, 61.31 FEET, THENCE SOUTH 53°33'10" WEST, 61.31 FEET; THENCE SOUTH 60022'40" WEST, 61.31 FEET; THENCE SOUTH 67012'02" WEST, 61.27 FEET; THENCE SOUTH 72046'50" WEST, 54.66 FEET; THENCE SOUTH 73°26'14" WEST, 229.99 FEET TO SAID EASTERLY RIGHT OF WAY LINE OF NW 2ND STREET; THENCE NORTH 1603346" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE, 176.61 FEET; THENCE NORTHERLY CONTINUING ALONG SAID EASTERLY RIGHT OF WAY LINE AND A CURVE CONCAVE EASTERLY WHOSE RADIUS IS 950.00 FEET, WHOSE ARC LENGTH IS 555.70 FEET AND WHOSE CHORD BEARS NORTH 00`11'42" EAST, 547.82 FEET; THENCE NORTH 16°57'09" EAST CONTINUING ALONG SAID EASTERLY RIGHT OF WAY LINE, 55.31 FEET; THENCE NORTH 7601312" EAST CONTINUING ALONG SAID EASTERLY RIGHT OF WAY LINE, 86.92 FEET TO THE POINT OF BEGINNING AND CONTAINING 9.74 ACRES (424,420 SQUARE FEET). PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. Section 2. Section 160.02 of Chapter 169, Waukee Municipal Code, Zoning Ordinance of the City, adopting the Official Zoning Map, is hereby amended by amending the zoning from R-2 (One & Two Family Residential District) to R-4 (Row Dwelling & Townhome District) for property legally described as follows: A PART OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 28; THENCE SOUTH 89°30'40" EAST ALONG THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER, 11.05 FEET TO THE EASTERLY RIGHT OF WAY LINE OF NW 2ND STREET AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89°30'40" EAST ALONG SAID NORTHERLY LINE, 643.18 FEET; THENCE, SOUTH 00°29'20" WEST, 233.34 FEET; THENCE SOUTH 30°36'16" WEST, 144.38 FEET; THENCE NORTHWESTERLY ALONG A CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS IS 3035.00 FEET, WHOSE ARC LENGTH IS 314.40 FEET AND WHOSE CHORD BEARS NORTH 62021'48" WEST, 314.26 FEET; THENCE NORTH 65°19'51" WEST, 129.38 FEET; THENCE NORTH 56034'44" WEST, 147.82 FEET TO SAID EASTERLY RIGHT OF WAY LINE; THENCE NORTH' 0°32'09" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE, 95.08 FEET TO THE POINT OF BEGINNING AND CONTAINING 3.21 ACRES (140,019 SQUARE FEET). PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. Section 3. Section 160.02 of Chapter 169, Waukee Municipal Code, Zoning Ordinance of the City, adopting the Official Zoning Map, is hereby amended by amending the zoning from R-2 (One & Two Family Residential District) to R-4 (Row Dwelling & Townhome District) for property legally described as follows: A PART OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF OUTLOT'T', THE COMMONS AT GREENWAY PLAT 1, AN OFFICIAL PLAT IN SAID CITY OF WAUKEE, SAID POINT ALSO BEING THE NORTHWEST CORNER OF THE COMMONS AT GREENWAY PLAT 2, AN OFFICIAL PLAT IN SAID CITY OF WAUKEE; THENCE SOUTH 0002TI8" WEST ALONG THE WESTERLY LINE OF SAID THE COMMONS AT GREENWAY PLAT 2 AND SOUTHERLY EXTENSION THEREOF, 638.79 FEET TO THE EASTERLY RIGHT OF WAY LINE; OF NW 2ND STREET; THENCE NORTHWESTERLY ALONG SAID EASTERLY RIGHT OF WAY LINE AND A CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS IS 950.00 FEET, WHOSE ARC LENGTH IS 508.00 FEET AND WHOSE CHORD BEARS NORTH 53000'59" WEST, 501.97 FEET; THENCE NORTH 36°19'40" EAST, 199.30 FEET; THENCE NORTH 55006'57" EAST, 350.36 FEET TO THE WESTERLY LINE OF SAID OUTLOT'T'; THENCE SOUTH 0002318" WEST ALONG SAID WESTERLY LINE, 24.15 FEET TO THE POINT OF BEGINNING AND CONTAINING 3.59 ACRES (156,168 SQUARE FEET). PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. Section 4. 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 5. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 6. 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 7. Effective Date. This ordinance shall be in effect upon its final passage, approval and publication as provided by law. Passed by the Council this 4' day of April, 2022 and approved this 4U' day of April, 2022. Courtney Clarke, Mayor Attest: Rebecca D. Schuett, City Clerk Exhibit A Indi Run Plat 4 — Small Lot Single Family Residential Development PLANNED DEVELOPMENT CITY OF WAUKEE APPROVED BY WAUKEE CITY COUNCIL ON APRIL 4, 2022 TABLE OF CONTENTS INDI RUN PLAT 4 SMALL LOT SINGLE FAMILY RESIDENTIAL PLANNED DEVELOPMENT • Rezoning Request • Exhibit B — Waukee PD Form • Exhibit C — Property Legal Description • Exhibit D — Rezoning Map • Exhibit E — Conceptual Development Plan Exhibit B I INDI RUN PLAT 4 SMALL LOT SINGLE FAMILY RESIDENTIAL — PLANNED DEVELOPMENT Waukee, Iowa Planned Development Overlay District (PD) Item 1 Purpose and Scope of District • The subject property is located within a portion of the Indi Run Plat 4 development which is generally located north of Hickman Road and east of NW 2nd Street. • The proposed Planned Development is an approximately 9.75 acre parcel of property that is located within the larger Indi Run Plat 4 Development. The proposed Planned Development calls for the development of 40 single family residential lots. • The existing zoning of the Property is R-2 (One & Two Family Residential District) • The proposed underlying zoning of the Property will be R-2 (One and Two Family Residential District) with the Planned Development Overlay (PD-1) defining the allowable uses, bulk regulations and restrictions. Item 2 Location, Size, Legal Description • See Attached: Exhibit C — Legal Description Exhibit D — Rezoning Map Item 3 Conceptual Development Plan • See Attached: Exhibit E — Conceptual Development Plan • Exhibit E represents a conceptual development plan showing proposed development of 40 single family lots in addition to the larger Indi Run Plat 4 development. Item 4 Building Design Standards, including height, materials, sections and other information required to describe the project Building design and site standards for the project shall be consistent with the Waukee Code of Ordinances as well as the additional design characteristics as follows: 1. Each single family home shall include a minimum of a two -car attached garage. 2. Each single family home shall require a minimum of 25% stone, brick or stucco on the front street facing elevation of the home. 3. Adjoining lots cannot consist of the same elevation. 4. Vinyl siding shall be prohibited. Item 5 Bulk Regulations — Including Density Regulations, Setbacks, Maximum Heights, and other design standards specific to the Project Single Family Residential All lots and homes shall be consistent with the R-2 One and Two Family Residential District requirements with the following exceptions and modifications as specified below: 1. Density: Five (5) Dwelling Units/Acre maximum 2. Minimum Floor Area: 1,100 square feet — single story & 1,400 square feet — two story 3. Front Yard: Thirty (30) feet minimum 4. Side Yards: Total of ten (10) feet — minimum of five (5) feet on each side 5. Rear Yards: Thirty (30) feet minimum 6. Minimum Lot Size: 6,000 square feet 7. Minimum Lot Width: Fifty (50) feet Item 6 Uses of Property — Including Principal Permitted Uses and Accessory Uses Those uses and accessory uses only as permitted within the R-2 (Single Family Residential) Zoning District. Item 7 Open Space, Landscape and Buffer Regulations 1. Minimum open space and landscaping shall be as described within the City of Waukee Code of Ordinances in addition to provisions as specified below: a. A minimum of two (2) trees and two (2) shrubs shall be planted on each lot at the time of individual lot development and prior to issuance of a Certificate of Occupancy. END OF DOCUMENT EXHIBIT C LEGAL DESCRIPTION A PART OF THE SOUTHWEST QUARTER AND A PART OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 28; THENCE SOUTH 00'18'51" WEST ALONG THE EASTERLY LINE OF SAID SOUTHWEST QUARTER, 197.22 FEET TO THE EASTERLY RIGHT OF WAY LINE OF NW 2ND STREET AND THE POINT OF BEGINNING; THENCE NORTH 76°13'12" EAST ALONG SAID EASTERLY RIGHT OF WAY LINE, 16.22 FEET; THENCE SOUTH 76°22'22" EAST, 142.87 FEET; "THENCE SOUTH 65019'51" EAST, 129.38 FEET; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS IS 2965.00 FEET, WHOSE ARC LENGTH IS 412.11 FEET AND WHOSE CHORD BEARS SOUTH 61020'57" EAST, 411.78 FEET; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS IS 2035.00 FEET, WHOSE ARC LENGTH IS 75.25 FEET AND WHOSE CHORD BEARS SOUTH 58025'36" EAST, 75.25 FEET; THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 25.00 FEET, WHOSE ARC LENGTH IS 37.75 FEET AND WHOSE CHORD BEARS SOUTH 16°13'39" EAST, 34.26 FEET; THENCE SOUTH 27'01'52" WEST, 159.93 FEET; THENCE NORTH 62"58'08" WEST, 125.28 FEET; THENCE SOUTH 33°15'21" WEST, 108.08 FEET -,THENCE SOUTH 39054'1 I" WEST, 61.31 FEET; THENCE SOUTH 46°43'40" WEST, 61.31 FEET; THENCE SOUTH 53°33'10" WEST, 61.31 FEET; THENCE SOUTH 60022'40" WEST, 61.31 FEET; TIIENCE SOUTH 67°12'02" WEST, 61.27 FEET; THENCE SOUTH 72046'50" WEST, 54.66 FEET; THENCE SOUTH 7302614" WEST, 229.99 FEET TO SAID EASTERLY RIGHT OF WAY LINE OF NW 2ND STREET; THENCE NORTH 1603346" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE, 176.61 FEET; THENCE NORTHERLY CONTINUING ALONG SAID EASTERLY RIGHT OF WAY LINE AND A CURVE CONCAVE EASTERLY WHOSE RADIUS IS 950.00 FEET, WHOSE ARC LENGTH IS 555.70 FEET AND WHOSE CHORD BEARS NORTH 00011'42" EAST, 547.82 FEET; THENCE NORTH 16°57'09" EAST CONTINUING ALONG SAID EASTERLY RIGHT OF WAY LINE, 55.31 FEET; THENCE NORTH 7601312" EAST CONTINUING ALONG SAID EASTERLY RIGHT OF WAY LINE, 86.92 FEET TO "THE POINT OF BEGINNING AND CONTAINING 9.74 ACRES (424,420 SQUARE FEET). PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. EXHIBIT D REZONING MAP VICINITY MAP OWNER AMICANT I E ZONING WALIKEE. IOWA T ttEpppy BULK REGULATIONS ADJACENT OWNERSHIP O � a z w REZ�ING OESCRIPTIONOESCRIPTION � Z EN d' Q W N Ex O o a TT it EXHIBIT E CONCEPTUAL DEVELOPMENT PLAN