HomeMy WebLinkAbout2022-09-06 Ordinance 3048_Rezoning, Waukee Towne Center, Book 2022 Page 20201II II I I II II I I I I I I II I I I I II II I I I II III
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Dallas County Iowa
Chad C. Airhart RECORDER
File#
BK2022 PG20201
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. 3048
AN ORDINANCE TO AMEND CHAPTER 169, ZONING ORDINANCE, CITY
OF WAUKEE, IOWA BY AMENDING THE ZONING FROM C-1A
(NEIGHBORHOOD COMMERCIAL DISTRICT) / PD-1 (PLANNED
DEVELOPMENT OVERLAY) AND C-1 (COMMUNITY & HIGHWAY
SERVICE COMMERCIAL DISTRICT) / PD-1 (PLANNED DEVELOPMENT
OVERLAY) TO C-1 (COMMUNITY & HIGHWAY SERVICE COMMERCIAL
DISTRICT) / PD-1 (PLANNED DEVELOPMENT OVERLAY) [WAUKEE
TOWNE CENTER]
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 following real estate (Property) from C-1 A (Neighborhood Commercial
District) / PD-1 (Planned Development Overlay) and C-1 (Community & Highway
Service Commercial District) / PD-1 (Planned Development Overlay) to C-1
(Community & Highway Service Commercial District) / PD-1 (Planned Development
Overlay) for property legally described as follows:
PARCEL'BB' OF THE El/2 NE1/4 OF SECTION 34, TOWNSHIP 79 NORTH, RANGE 26
WEST OF THE 5TH P.M., AN OFFICIAL PARCEL RECORDED IN BOOK 2012, PAGE
22929 AT THE DALLAS COUNTY RECORDER'S OFFICE, CITY OF WAUKEE, DALLAS
COUNTY, IOWA EXCEPT WAUKEE TOWNE CENTER PLAT 1, AN OFFICIAL PLAT
RECORDED IN BOOK 2020, PAGE 27825 AT THE DALLAS COUNTY RECORDER'S
OFFICE AND FURTHER EXCEPTING THE WARRANTY DEED AND ACQUISITION
PLAT RECORDED IN BOOK 2017, PAGE 23499 AT THE DALLAS COUNTY
RECORDER'S OFFICE, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SW CORNER OF SAID PARCEL'BB'; THENCE, N00°00'05"E,
2109.31 FEET ALONG THE WEST LINE OF SAID PARCEL'BB', SAID WEST LINE ALSO
COINCIDES WITH THE EAST LINE OF WESTGATE PLAT 2, AN OFFICIAL PLAT
RECORDED IN BOOK 850, PAGE 908 AT THE DALLAS COUNTY RECORDER'S OFFICE,
TO THE NE CORNER OF LOT 12 OF SAID WESTGATE PLAT 2, SAID NE CORNER ALSO
BEING ON THE SOUTH LINE OF LOT'A' OF SAID WAUKEE TOWNE CENTER PLAT I
AND THE SOUTH RIGHT-OF-WAY LINE OF SE LAUREL STREET AS IT IS PRESENTLY
ESTABLISHED; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 25.00 FEET AND A CHORD BEARING S61°10'57"E, AN ARC
LENGTH OF 27.49 FEET ALONG SAID SOUTH LINE AND SAID SOUTH RIGHT-OF-
WAY LINE, TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY ALONG A
CURVE TO THE LEFT HAVING A RADIUS OF 363.00 FEET AND A CHORD BEARING
S59°59'20"E, AN ARC LENGTH OF 384.99 FEET ALONG SAID SOUTH LINE AND SAID
SOUTH RIGHT-OF-WAY LINE TO A POINT OF TANGENCY; THENCE N89°37'39"E,
206.67 FEET ALONG SAID SOUTH LINE AND SAID SOUTH RIGHT-OF-WAY LINE TO A
POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE
RIGHT HAVING A RADIUS OF 303.00 FEET AND CHORD BEARING S45013'32"E, AN
ARC LENGTH OF 477.50 FEET ALONG SAID SOUTH LINE AND SAID SOUTH RIGHT-
OF-WAY LINE TO A POINT OF TANGENCY; THENCE S00°04'43"E, 393.79 FEET ALONG
SAID SOUTH LINE AND SAID SOUTH RIGHT-OF-WAY LINE TO A POINT; THENCE
S89044'09"E, 341.67 FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE NE
CORNER OF OUTLOT'X' OF SAID WAUKEE TOWNE CENTER PLAT 1; THENCE
S44054'27"E, 49.65 FEET THE EAST LINE OF SAID OUTLOT `X' AND SAID SOUTH
RIGHT-OF-WAY LINE TO THE, SE CORNER OF SAID OUTLOT'X', SAID SE CORNER
ALSO BEING ON THE WEST RIGHT-OF-WAY LINE OF SE ALICES ROAD AS
ESTABLISHED IN SAID WARRANTY DEED AND ACQUISITION PLAT RECORDED IN
BOOK 2017, PAGE 23499 AT THE DALLAS COUNTY RECORDER'S OFFICE; THENCE
S00004'43"E, 1054.37 FEET ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT OF
CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT HAVING A
RADIUS OF 1001.00 FEET AND A CHORD BEARING S01054'08"E, AN ARC LENGTH OF
63.71 FEET ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT OF "TANGENCY;
THENCE S03043'32"E, 62.00 FEET ALONG SAID WEST RIGHT-OF-WAY LINE TO A
POINT ON THE SOUTH LINE OF SAID PARCEL'BB', SAID SOUTH LINE ALSO BEING
THE SOUTH LINE OF SAID El/2 NEl/4 OF SECTION 34; THENCE S89056'09"W, 1237.39
FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING AND CONTAINING
48.03 ACRES MORE OR LESS.
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 PDA [Planned Development Overlay District] pertaining to the above
legally described property.
Section I 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 this 6t' day of September2022, and approved this 61 day of
September, 2022.
Courtney Clarke, Mayor
Attest:
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Rebecca D. Schuett, City Clerk
Exhibit A
WAUKEE TOWNE CENTER
PLANNED DEVELOPMENT
CITY OF WAUKEE
APPROVED BY WAUKEE CITY COUNCIL ON SEPTEMBER 6, 2022
TABLE OF CONTENTS
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PLANNED DEVELOPMENT
• Rezoning Request
• Exhibit B - Waukee PD Form
• Exhibit C - Vicinity Map
• Exhibit D - Property Legal Description
• Exhibit E - Rezoning Map
• Exhibit F - Conceptual Development Plan
• Exhibit G - Final Plat
• Exhibit H - Sign Exhibit
Exhibit B I WAUKEE TOWNE CENTER - PLANNED DEVELOPMENT
Waukee, Iowa
Planned Development Overlay District (PD)
Item 1 Purpose and Scope of District
A. The subject property is located west of SE Alice's Road and south of SE Laurel
Street.
B. The proposed underlying zoning of the Property is C-1 (Community & Highway
Service Commercial District). Due to the nature of the overall development as
depicted in attached Exhibit F, a Planned Development Overlay (PD-1) is
proposed which will address the unique aspects of the development related to
use, site design, architectural design and other regulations and restrictions.
Item 2 Location, Size, Legal Description
A. See Attached: Exhibit C —Vicinity Map
Exhibit D — Property Legal Description
Exhibit G — Final Plat
B. The proposed development is comprised of approximately 48-acres located at
the northwest corner of the intersection of SE Alice's Road and SE Laurel Street.
The property is all located in Waukee, Dallas County IA.
Item 3 Conceptual Development Plan
A. See Attached: Exhibit E — Rezoning Map
Exhibit F — Conceptual Development Plan
B. Exhibit F represents a conceptual development plan showing proposed
construction of a 300,000+ square foot commercial/retail center with associated
parking and several parcels for future commercial/retail development.
Item 4 Uses of Property
A. Permitted Uses shall be consistent with those permitted within the C-1
(Community & Highway Service Commercial District) as defined within the
Waukee Zoning Ordinance with the following additions:
1. Additions: In addition to the principal permitted uses as defined
within the C-1 (Community & Highway Service Commercial District)
regulations, the following uses shall be permitted:
a. An amenity/lifestyle center shall be permitted that may
include features such as an amphitheater, ice skating rink,
playground, artwork, etc.
Item 5 General Site Planning and Circulation, Building Design Standards, including
height, materials, sections and other information required to describe the
project
A. General Site Planning and Circulation Standards shall be consistent with the
standards as defined within the Site and Building Development Standards
Ordinance approved and adopted by the City of Waukee with the following
clarifications.
1. Loading docks shall generally be located at the rear of the building
and not facing SE Laurel Street or SE Alice's Road. In all cases, loading
docks shall be effectively screened by the use of walls,
berming/landscaping or a combination of both.
2. When the site allows for it, drive-thrus associated with principle
permitted uses shall be located to the rear of buildings and screened
from view of public streets. Where it is determined that a drive-thru
on the rear of a building is not feasible, appropriate screening such as
fencing, berming and/or landscaping shall be used to limit the views
of drive-thru lanes and menu boards from view of public streets.
Item 6 Bulk Regulations— Including Density Regulations, Setbacks, Maximum Heights,
and other design standards specific to the Project
A. Bulk Regulations shall be consistent with the requirements as defined within
the C-1 (Community & Highway Service Commercial District) as defined
within the Waukee Zoning Ordinance with the following exceptions.
1. A minimum of a 100-foot rear yard setback shall be required on
Lot 8 and Outlot Z, as identified in Exhibit G, when adjoining
property zoned for residential uses.
Item 7 Open Space, Landscape and Buffer Regulations
A. Open Space, Landscaping and Buffer Regulations shall be consistent with the
requirements as defined within the C-1 (Community & Highway Service
Commercial District) regulations and the Landscape and Open Space
Ordinance approved and adopted by the City of Waukee with the following
clarifications.
1. Minimum open space shall be calculated over each individual lot,
except for Lot 8 and Outlot Z as identified on Exhibit G. On Lot 8
and Outlot Z open space shall be calculated over the entirety
between the two lots.
2. A 30-feet wide landscape buffer shall be required along all
portions of Lot 8 and Outlot Z, as identified on Exhibit G, that abut
an "R" (Residential) zoning district.
Item 8 Parking and Loading
A. Parking and Loading Regulations shall be consistent with the requirements as
defined within the C-1 (Community & Highway Service Commercial District)
regulations and the Parking and Loading Ordinance approved and adopted by
the City of Waukee with the following clarifications.
1. Minimum parking requirements shall be calculated over the entire
development of Lot 8 and Outlot Z, as identified in Exhibit G,
rather than for each individual parcel or lot as long as there are
cross parking and access agreements in place.
2. Minimum parking requirements for each lots on Lot 1— 7, as
identified in Exhibit G.
3. Outdoor seating areas for restaurants located within Lot 8 or
Outlot Z, as identified in Exhibit G, shall be provided at a rate of 5
parking spaces per 1,000 square feet of outdoor seating area.
Item 9 Architectural Standards
A. Architectural standards shall be consistent with the requirements as defined
within the Site and Building Development Standards Ordinance approved and
adopted by the City of Waukee.
Item 10 Signage
A. All signage within the development shall comply with the sign ordinance
requirements as established within the Waukee Municipal Code approved
and adopted by the City of Waukee with the following exceptions and
clarifications.
1. To accommodate tenants within the shopping center planned on Lot
8 and Outlot Z, as identified in Exhibit G, limited multi -tenant
monument signage shall be allowed to advertise tenants of the
shopping center with no direct street frontage of SE Alice's Road.
Exhibit H identifies the location of these proposed sign(s):
a. Sign A:
1. Maximum Height: 20 feet
2. Maximum Width: 12 feet
3. Maximum Sign Area: 128 square feet
4. Minimum sign setback from property line: 15 feet
5. Sign A shall incorporate brick or stone into the base of
the sign.
6. Businesses directly adjacent to Sign A or those that
have street frontage along SE Alice's Road shall not be
allowed to advertise within Sign A.
7. Sign A shall be placed within a lot or outlot separate
from the adjoining lots and shall be owned and
maintained by the owner's association for the
development.
8. Multi -tenant monument signage shall incorporate the
development name into said sign, but shall not be
included in the square footage calculation.
9. Artwork/branding of the development may be
permitted on top of the sign. The maximum allowed
height is 8-feet and the maximum width is 8-feet. No
tenant of the development shall be permitted to place
a commercial logo on the top of Sign A.
b. Sign B:
1. Maximum Height: 15 feet
2. Maximum Width: 12 feet
3. Maximum Sign Area: 100 square feet
4. Minimum sign setback from property line: 15 feet
5. Sign B shall incorporate brick or stone into the base of
the sign.
6. Businesses directly adjacent to Sign B or those that
have street frontage along SE Alice's Road shall not be
allowed to advertise within Sign B.
7. Sign B shall be placed within a lot or outlot separate
from the adjoining lots and shall be owned and
maintained by the owner's association for the
development.
8. Multi -tenant monument signage shall incorporate the
development name into said sign, but shall not be
included in the square footage calculation.
9. Artwork/branding of the development may be
permitted on top of the sign. The maximum allowed
height is 8-feet and the maximum width is 8-feet. No
tenant of the development shall be permitted to place
a commercial logo on the top of Sign B.
2. Sign C shown on Exhibit H is a proposed entry monument feature and
shall comply with the following requirements:
a. The base of Sign C shall be made of brick, stone, or
END OF DOCUMENT
concrete.
b. Individual letters shall not be taller than 2-feet in height.
C. The overall width of the sign area shall not exceed 45-feet.
d. Artwork/branding of the development may be permitted
on the entry monument feature. The maximum allowed
height is 18-feet and the maximum width is 12-feet of any
artwork.
e. No tenant of the development shall be permitted to place
a commercial logo within Sign C.
Exhibit C — Vicinity Map
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PARCEL'BB' OF THE El/2 NE1/4 OF SECTION 34, TOWNSHIP 79 NORTH, RANGE 26
WEST OF THE 5TH P.M., AN OFFICIAL PARCEL RECORDED IN BOOK 2012, PAGE
22929 AT THE DALLAS COUNTY RECORDER'S OFFICE, CITY OF WAUKEE, DALLAS
COUNTY, IOWA EXCEPT WAUKEE TOWNE CENTER PLAT 1, AN OFFICIAL PLAT
RECORDED IN BOOK 2020, PAGE 27825 AT THE DALLAS COUNTY RECORDER'S
OFFICE AND FURTHER EXCEPTING THE WARRANTY DEED AND ACQUISITION
PLAT RECORDED IN BOOK 2017, PAGE 23499 AT THE DALLAS COUNTY
RECORDER'S OFFICE, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SW CORNER OF SAID PARCEL'BB'; THENCE N00°00'05"E,
2109.31 FEET ALONG THE WEST LINE OF SAID PARCEL'BB', SAID WEST LINE ALSO
COINCIDES WITH THE EAST LINE OF WESTGATE PLAT 2, AN OFFICIAL PLAT
RECORDED IN BOOK 850, PAGE 908 AT THE DALLAS COUNTY RECORDER'S OFFICE,
TO THE NE CORNER OF LOT 12 OF SAID WESTGATE PLAT 2, SAID NE CORNER ALSO
BEING ON THE SOUTH LINE OF LOT'A' OF SAID WAUKEE TOWNE CENTER PLAT 1
AND THE SOUTH RIGHT-OF-WAY LINE OF SE LAUREL STREET AS IT IS PRESENTLY
ESTABLISHED; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 25.00 FEET AND A CHORD BEARING S61010'57"E, AN ARC
LENGTH OF 27.49 FEET ALONG SAID SOUTH LINE AND SAID SOUTH RIGHT-OF-
WAY LINE, TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY ALONG A
CURVE TO THE LEFT HAVING A RADIUS OF 363.00 FEET AND A CHORD BEARING
S59059'20"E, AN ARC LENGTH OF 384.99 FEET ALONG SAID SOUTH LINE AND SAID
SOUTH RIGHT-OF-WAY LINE TO A POINT OF TANGENCY; THENCE N89°37'39"E,
206.67 FEET ALONG SAID SOUTH LINE AND SAID SOUTH RIGHT-OF-WAY LINE TO A
POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE
RIGHT HAVING A RADIUS OF 303.00 FEET AND CHORD BEARING S45013'32"E, AN
ARC LENGTH OF 477.50 FEET ALONG SAID SOUTH LINE AND SAID SOUTH RIGHT-
OF-WAY LINE TO A POINT OF TANGENCY; THENCE S00°04'43"E, 393.79 FEET ALONG
SAID SOUTH LINE AND SAID SOUTH RIGHT-OF-WAY LINE TO A POINT; THENCE
S89044'09"E, 341.67 FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE NE
CORNER OF OUTLOT'X' OF SAID WAUKEE TOWNE CENTER PLAT 1; THENCE
S44054'27"E, 49.65 FEET THE EAST LINE OF SAID OUTLOT 'X' AND SAID SOUTH
RIGHT-OF-WAY LINE TO THE SE CORNER OF SAID OUTLOT'X', SAID SE CORNER
ALSO BEING ON THE WEST RIGHT-OF-WAY LINE OF SE ALICES ROAD AS
ESTABLISHED IN SAID WARRANTY DEED AND ACQUISITION PLAT RECORDED IN
BOOK 2017, PAGE 23499 AT THE DALLAS COUNTY RECORDER'S OFFICE; THENCE
S00004'43"E, 1054.37 FEET ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT OF
CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT HAVING A
RADIUS OF 1001.00 FEET AND A CHORD BEARING S01054'08"E, AN ARC LENGTH OF
63.71 FEET ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT OF TANGENCY;
THENCE S03043'32"E, 62.00 FEET ALONG SAID WEST RIGHT-OF-WAY LINE TO A
POINT ON THE SOUTH LINE OF SAID PARCEL'BB', SAID SOUTH LINE ALSO BEING
THE SOUTH LINE OF SAID E1/2 NEl/4 OF SECTION 34; THENCE S89056'09"W, 1237.39
FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING AND CONTAINING
48.03 ACRES MORE OR LESS.
Exhibit E — Rezoning Map
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Exhibit F — Conceptual Development Plan
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Exhibit H — Sign Exhibit
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