HomeMy WebLinkAbout2022-07-18 Ordinance 3043_Rezoning, Petersen PropertyORDINANCE NO. 3043
AN ORDINANCE TO AMEND CHAPTER 169, ZONING ORDINANCE, CITY
OF WAUKEE, IOWA BY AMENDING THE ZONING FROM R-2 (ONE & TWO
FAMILY RESIDENTIAL DISTRICT) / PD-1 (PLANNED DEVELOPMENT
OVERLAY) AND R-4 (ROW DWELLING AND TOWNHOME DWELLING
DISTRICT) / PD-1 (PLANNED DEVELOPMENT OVERLAY) TO R-4 (ROW
DWELLING AND TOWNHOME DWELLING DISTRICT) / PD-1 (PLANNED
DEVELOPMENT OVERLAY) FOR CERTAIN PROPERTY [PETERSEN
PROPERTY]
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) / PD-1
(Planned Development Overlay District) and R-4 (Row Dwelling and Townhome
Dwelling District) / PD-1 (Planned Development Overlay District) to R-4 (Row
Dwelling and Townhome Dwelling District) / PD-1 (Planned Development Overlay
District) for property legally described as follows:
A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, AND
A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER,
AND A PART OF PARCEL `A' OF SAID NORTHEAST QUARTER OF THE
NORTHEAST QUARTER AS SHOWN ON THE PLAT OF SURVEY RECORDED IN
BOOK 2003, PAGE 59. AND A PART OF TRACT "A" OF SAID NORTHEAST
QUARTER OF TEIE NORTHEAST QUARTER AS SHOWN ON THE PLAT OF
SURVEY RECORDED IN BOOK 2003, PAGE 58, ALL BEING IN SECTION 29,
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 SAID TRACT "A"; THENCE
SOUTH 00001'35" EAST ALONG THE WESTERLY LINE OF PARCEL "B" AND
TRACT "B" AS SHOWN ON SAID PLAT OF SURVEY RECORDED IN BOOK 20031
PAGE 58, A DISTANCE OF 204.89 FEET TO THE SOUTI I LINE, OF SAID
NORTI (EAST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH
8905731" WEST ALONG SAID SOUTH LINE AND THE SOUTH LINE OF SAID
NORTI IWEST QUARTER OF THE NORTHEAST QUARTER, 1072.93 FEET;
THENCE NORTH 00006'44" EAST, 585.87 FEET; THENCE NORTH 80°55'12" EAST,
70.76 FEET; THENCE NORTH 59°51'38" EAST, 56.32 FEET; THENCE NORTH
02°38'53" WEST, 128.97 FEET; THENCE NORTH 35°24'01" WEST, 30.00 FEET;
THF,NCE NORTHEASTERLY ALONG A CURVE CONCAVE NORTHWESTERLY
WHOSE RADIUS IS 150.00 FEET, WHOSE ARC LENGTH IS 68.42 FEET AND
WHOSE CHORD BEARS NORTH 41 °31'58" EAST, 67.83 FEET; THENCE SOUTH
61032'03" EAST, 63.12 FEET; THENCE EASTERLY ALONG A CURVE CONCAVE
NORTHERLY WHOSE RADIUS IS 400.00 FEET, WHOSE ARC LENGTH IS 198.79
FEET AND WIIOSE Cl-IORD BEARS SOUTI1 7504618" EAST, 196.75 FEET;
THENCE NORTI I 89059'28" EAST, 395.01 FEET; THENCE NORTH 00'01'35"
WEST, 265.02 1,EF_,T; TI IENCE NORTHERLY ALONG A CURVE CONCAVE
WESTERLY WHOSE RADIUS IS 350.00 FEET, WHOSE ARC LENGTH IS 91.63
FEET AND WHOSE CHORD BEARS NORTH 07031'35" WEST, 91.37 FEET;
THENCE NORTH 15001'35" WEST, 29.17 FEET; THENCE NORTHERLY ALONG A
CURVE CONCAVE EASTERLY WHOSE RADIUS IS 350.00 FEET, WHOSE ARC
LENGTH IS 91.63 FEET AND WHOSE CHORD BEARS NORTH 07031'35" WEST,
91.37 FEET; TIIENCE NORTH 00001'35" WEST, 35.63 FEET TO THE SOUTHERLY
LINE OF PARCEL 20-98 AS SHOWN ON THE PLAT OF SURVEY RECORDED IN
BOOK 2021, PAGE 13204; THENCE NORTH 89°59'28" EAST ALONG SAID
SOUTHERLY LINE, 17.21 FEET; THENCE SOUTH 8902705" EAST CONTINUING
ALONG SAID SOUTHERLY LINE, 184.20 FEET; THENCE SOUTH 00'01'35" EAST,
330.62 FEET; THENCE NORTH 89°58'33" EAST, 65.05 FEET; THENCE SOUTH
00000'32" EAST, 176.67 FEET; THENCE SOUTH 89059'28" WEST, 5.00 FEET;
THENCE SOUTH 00001'34" EAST, 380.00 FEET; THENCE NORTH 89059'28" EAST,
300.00 FEET TO THE WESTERLY RIGHT OF WAY LINE OF NW 10TH STREET;
THENCE SOUTLI 00001"5" EAST ALONG SAID WESTERLY RIGHT OF WAY
LINE, 146.72 FEET TO THE SOUTHERLY LINE OF SAID TRACT "A THENCE
SOUTH 85019'48" WEST ALONG SAID SOUTHERLY LINE, 240.79 FEET TO THE
POINT OF BEGINNING AND CONTAINING 20.96 ACRES (912,826 SQUARE
FEET).
THE PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.
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. 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 the 18`" day of July, 2022, and approved this 181" day of July,
2022.
Cou ney Clarke, Mayor
Attest:
ktivt�(P.Zlyy��
Rebecca D. Schuett, City Clerk
Exhibit A
PETERSEN PROPERTY
PLANNED DEVELOPMENT
CITY OF WAUKEE
APPROVED BY WAUKEE CITY COUNCIL ON NOVEMBER 15, 2021
AMENDED BY THE WAUKEE CITY COUNCIL ON JULY 18, 2022
TABLE OF CONTENTS
PETERSEN PROPERTY
PLANNED DEVELOPMENT
• Rezoning Request
• Exhibit B
—Waukee PD Form
• Exhibit C
— Property Legal Description
• Exhibit D
— Rezoning Map (2021)
• Exhibit E
— Rezoning Map Area B (2022)
• Exhibit F
— Conceptual Development Plan (2021)
• Exhibit G
— Conceptual Development Plan (2022)
Exhibit B I PETERSEN PROPERTY — PLANNED DEVELOPMENT
Waukee, Iowa
Planned Development Overlay District (PD)
Item 1 Purpose and Scope of District
• The subject property is generally located south of NW Douglas Parkway and west
of NW 101h Street.
• The proposed Planned Development is an approximately 36.62-acre parcel of
property. The proposed Planned Development calls for a small lot single family
and townhome development.
• The proposed underlying zoning of the Property will be R-2 (One & Two Family
Residential District) (Area A) and R-4 (Row Dwelling and Townhome Dwelling
District) (Area B) defining the allowable uses, bulk regulations and restrictions.
Item 2 Location, Size, Legal Description
• See Attached: Exhibit C — Property Legal Description
Item 3 Conceptual Development Plan
• See Attached: Exhibit D — Rezoning Map (2021)
Exhibit E — Rezoning Map (2022)
*Exhibit F — Conceptual Development Plan (2021)
*Exhibit G — Conceptual Development Plan for Area B (2022)
*Exhibit F represents a conceptual development plan showing proposed
development of 90 attached town home/rowhome units and 51 small lot single
family lots.
*Exhibit G represents a conceptual development plan for Area B which identifies
the construction of a townhome development.
Item 4 Building & Site Design Standards:
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:
Area A:
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 15% 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 permitted utilizing a 0.042-inch minimum thickness.
Area B:
1. Each unit shall include a minimum of a two -car attached
garage when facing a public street. A one -car attached garage shall be
permitted when along a private street. All driveways shall be wide
enough to accommodate two vehicles. Garage doors facing a public
street shall not extend forward of the front fa4ade line of the building.
2. Each building shall require a minimum of 20% stone, brick or stucco on
the front street facing elevation of the home. Corners of building shall be
wrapped with the same brick, stone, or stucco along public streets and at
entrances into the development.
3. Adjoining buildings shall have a variation in architectural features or
color.
4. Vinyl siding shall be permitted utilizing a 0.042-inch minimum thickness.
A variety of siding that be implemented on the proposed units including,
but not limited to board and batten, lap, and shake siding.
5. An outdoor space for each unit shall be provided.
Item 5 Bulk Regulations — Including Density Regulations, Setbacks, Maximum Heights,
and other design standards specific to the Project
Area A:
All lots and homes shall be consistent with the R-2 One & Two Family Residential
District requirements with the following exceptions and modifications as
specified below:
1. Overall Maximum Density: Five (5) Dwelling units per acre maximum.
2. Minimum Floor Area: 1,100 square feet for a single -story home. 1,400 square
feet for a two-story home.
3. Front Yard: Thirty (30') feet.
4. Rear Yard: Twenty-five (25') feet.
5. Side Yard (Total Building Separation): Ten (10') feet.
6. Lot Area: 5,500 square feet.
7. Lot Width: 50 feet.
8. Lots 37 —44 shown on Exhibit E cannot b platted as buildable lots until the
existing communications tower has been removed from the site.
Area B: Attached Townhomes and Detached Townhomes
All lots and homes shall be consistent with the R-4 Row Dwelling and Townhome
Dwelling District requirements with the following exceptions and modifications
as specified below:
1. Overall Maximum Density: Twelve (12) Dwelling Units/Acre maximum and
consistent with the conceptual development plan as described in attached
Exhibit E.
3. Front Yard: Thirty (30') feet for buildings or units along public street right-of-
way. For all other units with internal front yards, the minimum front yard
setback shall be twenty-five (25') feet from the back of the curb.
4. Side Yards (Total Building Separation): Twelve (12') feet between units,
Fifteen (15') from private street back -of -curb, twenty (20') feet for greater
than 8 units.
5. Rear Yards: Thirty (30') feet for buildings or units along public street right-
of-way. For all other units with internal rear yards, the minimum rear yard
setback shall be thirty (30') feet between units.
Item 6 Uses of Property — Including Principal Permitted Uses and Accessory
Uses
Area A:
Only those uses and accessory uses only as permitted within the R-2 (One & Two
Family Residential District) Zoning District.
Area B:
Those uses and accessory uses only as permitted within the R-4 (Row Dwelling
and Townhome Dwelling) Zoning District with the following exceptions and
modifications as specified below:
1. Detached townhomes, provided a homeowners association is responsible for
property maintenance.
Item 7 Park Land Dedication, Open Space, Landscape and Buffer Regulations
Area A:
1. Parkland Dedication shall be provided as required within the City of
Waukee Code of Ordinances.
2. Minimum open space and landscaping shall be as described within the
City of Waukee Code of Ordinances.
3. Two (2) trees and two (2) shrubs shall be planted at the time of individual
lot development.
Area B:
1. Parkland Dedication shall be provided as required within the City of
Waukee Code of Ordinances.
2. Minimum open space and landscaping shall be as described within the
City of Waukee Code of Ordinances.
3. Landscape buffers shall be provided as required by the Landscape &
Open Space Ordinance with the following exceptions:
a. Landscape buffer shall not be required for townhomes abutting
single family lots when fronting a public street or across the street
from a single-family lot.
END OF DOCUMENT
EXHIBIT C
LEGAL DESCRIPTION
Area A
A PART OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 79
NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY
OF WAUKEE,, DALLAS COUNTY, IOWA AND A PART OF PARCEL'A' AS
SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 2003, PAGE 59 IN
SAID NORTHEAST QUARTER AND ALL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 32, STRATFORD
CROSSING PLAT 7, AN OFFICIAL PLAT IN SAID CITY OF WAUKEE, SAID
POINT ALSO BEING THE SOUTHWEST CORNER OF PARCEL 20-98 AS SHOWN
ON TIIE PLAT OF SURVEY RECORDED IN BOOK 2021, PAGE 13204 IN SAID
NORTHEAST QUARTER; THENCE NORTH 89°58'33" EAST ALONG THE
SOUTHERLY LINE OF SAID PARCEL 20-98, A DISTANCE OF 748.48 FEET;
THENCE SOUTH 00001'35" EAST, 35.48 FEET; THENCE SOUTHERLY ALONG A
CURVE CONCAVE EASTERLY WHOSE RADIUS IS 350.00 FEET, WHOSE ARC
LENGTH IS 91.63 FEET AND WHOSE CHORD BEARS SOUTH 0731'35" EAST,
91.37 FEET; THENCE SOUTH 15°01'35" FAST, 29.17 FEET; "THENCE SOUTHERLY
ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 350.00 FEET,
WHOSE ARC LENGTH IS 91.63 FEET AND WHOSE CHORD BEARS SOUTH
07031'35" EAST, 91.37 FEET; THENCE SOUTH 00001'35" EAST, 295.02 FEET;
THENCE SOUTH 89059'28" WEST, 131.19 FEET; THENCE SOUTH 00°00'32" EAST,
130.00 FEET, THENCE SOUTII 89059'28" WEST, 200.00 FEET; THENCE NORTH
00000'32" WEST, 130.00 FEET; THENCE SOUTH 89°59'28" WEST, 55.00 FEET;
THENCE SOUTH 00000'32" EAST, 130.00 FEET; THENCE SOUTH 89°59'28" WEST,
395.27 FEET TO THE EASTERLY LINE OF STRATFORD CROSSING PLAT 6, AN
OFFICIAL PLAT IN SAID CITY OF WAUKEE; THENCE NORTH 00°06'44" EAST
ALONG SAID EASTERLY LINE AND THE EASTERLY LINE OF SAID
STRATFORD CROSSING PLAT 7, A DISTANCE OF, 669.64 FEET TO THE POINT
OF BEGINNING AND CONTAINING 11.35 ACRES (494,250 SQUARE FEET).
PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.
Area B
A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, AND
A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER,
AND A PART OF PARCEL `A' OF SAID NORTHEAST QUARTER OF THE
NORTHEAST QUARTER AS SHOWN ON THE PLAT OF SURVEY RECORDED IN
BOOK 2003, PAGE 59, AND A PART OF TRACT "A" OF SAID NORTHEAST
QUARTER OF TIIE NORTHEAST QUARTER AS SHOWN ON THE PLAT OF
SURVEY RECORDED IN BOOK 2003, PAGE 58, ALL BEING IN SECTION 29,
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 SAID TRACT `'A"; THENCE
SOUTH 00001'35" EAST ALONG TIIE WESTERLY LINE OF PARCEL "B" AND
TRACT "B" AS SHOWN ON SAID PLAT OF SURVEY RECORDED IN BOOK 2003,
PAGE 58, A DISTANCE OF 204.89 FEET TO "THE SOUTH LINE OF SAID
NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH
89057'31" WEST ALONG SAID SOUTH LINE AND THE SOUTH LINE OF SAID
NORTIIWEST QUARTER OF THE NORTHEAST QUARTER, 1072.93 FEET;
THENCE NORTHH 00006'44" EAST, 585.87 FEET, THENCE NORTH 80055'12" EAST,
70.76 FEET; THENCE NORTH 59051'38" EAST, 56.32 FEET; THENCE NORTH
02038'53" WEST, 128.97 FEET; THENCE, NORTH 35024'01" WEST, 30.00 FEET;
THENCE NORTHEASTERLY ALONG A CURVE CONCAVE NORTHWESTERLY
WHOSE RADIUS IS 150.00 FEET, WIIOSE ARC LENGTH IS 68.42 FEET AND
WHOSE CHORD BEARS NORTH 41 °31'58" EAST, 67.83 FEET; THENCE SOUTH
61032'03" EAST, 63.12 FEET; THENCE EASTERLY ALONG A CURVE CONCAVE
NORTHERLY WHOSE RADIUS IS 400.00 FEET, WHOSE ARC LENGTH IS 198.79
FEET AND WHOSE CHORD BEARS SOUTH 75046'18" FAST, 196.75 FEET;
THENCE NORTH 89059'28" EAST, 395.01 FEET; THENCE NORTH 00001'35"
WEST, 265.02 FEET, THENCE NORTHERLY ALONG A CURVE CONCAVE
WESTERLY WHOSE RADIUS IS 350.00 FEET, WHOSE ARC LENGTH IS 91.63
FEET AND WHOSE CHORD BEARS NORTH 07031'35" WEST, 91.37 FEET;
THENCE NORTH 15001'35" WEST, 29.17 FEET; THENCE NORTHERLY ALONG A
CURVE CONCAVE EASTERLY WHOSE RADIUS IS 350.00 FEET, WHOSE ARC
LENGTH IS 91.63 FEET AND WHOSE CHORD BEARS NORTH 07031'35" WEST,
91.37 FEET; THENCE NORTH 00001'35" WEST, 35.63 FEET TO THE SOUTHERLY
LINE OF PARCEL 20-98 AS SHOWN ON THE PLAT OF SURVEY RECORDED IN
BOOK 2021, PAGE 13204; "THENCE NORTH 89059'28" FAST ALONG SAID
SOUTHERLY LINE, 17.21 FEET; THENCE SOUTH 89027'05" EAST CONTINUING
ALONG SAID SOUTHERLY LINE, 184.20 FEET; THENCE SOUTH 00001'35" EAST,
330.62 FEET; THENCE NORTH 89058'33" EAST, 65.05 FEET; THENCE SOUTH
00000'32" EAST, 176.67 FEET, THENCE SOUTH 89°59'28" WEST, 5.00 FEET;
THENCE SOUTH 00001'34" EAST, 380.00 FEET; THENCE NORTH 89°59'28" EAST,
300.00 FEET TO THE WESTERLY RIGIIT OF WAY LINE OF NW IOTH STREET;
THENCE SOUTH 00001'35" FAST ALONG SAID WESTERLY RIGHT OF WAY
LINE, 146.72 FEET TO THE SOUTHERLY LINE OF SAID TRACT "A"; THENCE
SOUTH 85019'48" WEST ALONG SAID SOUTHERLY LINE, 240.79 FEET TO THE
POINT OF BEGINNING AND CONTAINING 20.96 ACRES (912,826 SQUARE
FEET).
THE PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.
EXHIBIT D
REZONING MAP (2021)
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EXHIBIT E
Rezoning Map (2022)
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EXHIBIT F
CONCEPTUAL DEVELOPMENT PLAN (2021)
EXHIBIT G
CONCEPTUAL DEVELOPMENT PLAN AREA B (2022)