HomeMy WebLinkAbout2022-10-17 Ordinance 3052_Rezoning, Kettlestone Central South, Book 2022 Page 23173IN
/ ..
II it I I II II I I I I I I I I III I I II II II I I II
Doc ID: 008944380004 Type: ORD
Recorded: 11/07/2022 at 08:38:18 AM
Fee Amt: $22.00 Page 1 of 4
Dallas County Iowa
Chad C. Airhart RECORDER
File#
BK2022 PG23173
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. 3052
AN ORDINANCE TO AMEND CHAPTER 169, ZONING ORDINANCE, CITY
OF WAUKEE, IOWA BY AMENDING THE ZONING FROM C-4 (OFFICE
PARK COMMERCIAL DISTRICT), R-4 (ROW DWELLING & TOWNHOME
DISTRICT), AND A-1 (AGRICULTURAL DISTRICT) TO K-RC
(KETTLESTONE RETAIL COMMUNITY DISTRICT), K-MU (KETTLESTONE
MIXED -USE DISTRICT) AND K-MF-STACKED MED (KETTLESTONE
MULTI -FAMILY STACKED MEDIUM DISTRICT) ]KETTLESTONE
CENTRALSOUTH]
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-4 (Office Park Commercial
District) to K-RC (Kettlestone Retail Community District) for property legally
described as follows:
A PART OF PARCEL 21-96 AS SHOWN ON THE PLAT OF SURVEY RECORDED
IN BOOK 2021, PAGE 31554 BEING A PART OF GOVERNMENT LOT 12 IN
SECTION 3 AND A PART OF GOVERNMENT LOT 16 IN SECTION 4, ALL BEING
IN TOWNSHIP 78 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 PARCEL 21-96; THENCE
NORTH 00027'16" EAST ALONG THE WESTERLY LINE OF SAID PARCEL 21-96,
A DISTANCE OF 1158.57 FEET; THENCE NORTH 42°08'23" EAST CONTINUING
ALONG SAID WESTERLY LINE, 169.88 FEET; THENCE NORTH 05°45'50" WEST
CONTINUING ALONG SAID WESTERLY LINE, 50.00 FEET TO THE
NORTHWEST CORNER OF SAID PARCEL 21-96; THENCE NORTH 83°47'58"
EAST ALONG THE NORTHERLY LINE OF SAID PARCEL 21-96, A DISTANCE OF
606.57 FEET; THENCE SOUTHEASTERLY CONTINUING ALONG SAID
NORTHERLY LINE AND A CURVE CONCAVE SOUTHWESTERLY WHOSE
RADIUS IS 770.00 FEET, WHOSE ARC LENGTH IS 788.48 FEET AND WHOSE
CHORD BEARS SOUTH 66051'54" EAST, 754.48 FEET; THENCE SOUTH 37°31'46"
EAST CONTINUING ALONG SAID NORTHERLY LINE, 111.69 FEET; THENCE
SOUTH 52028'14" WEST, 171.18 FEET; THENCE NORTH 89°32'44" WEST, 305.00
FEET; THENCE NORTH 00°27'16" EAST, 77.67 FEET; THENCE NORTH 89°32'44"
WEST, 445.00 FEET; THENCE SOUTH 00'27'16" WEST, 540.00 FEET; THENCE
NORTH 89°32'44" WEST, 298.00 FEET; THENCE SOUTH 00027'16" WEST, 425.44
FEET TO THE SOUTHERLY LINE OF SAID PARCEL 21-96; THENCE SOUTH
83056'10" WEST ALONG SAID SOUTHERLY LINE, 293.90 FEET TO THE POINT
OF BEGINNING AND CONTAINING 22.02 ACRES (959,189 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 following real estate (Property) from C-4 (Office Park Commercial
District) to K-MU (Kettlestone Mixed -Use District) for property legally described as
follows:
A PART OF PARCEL 21-96 AS SHOWN ON THE PLAT OF SURVEY RECORDED
IN BOOK 2021, PAGE 31554 BEING A PART OF GOVERNMENT LOT 12 IN
SECTION 3 AND A PART OF GOVERNMENT LOT 16 IN SECTION 4, ALL BEING
IN TOWNSHIP 78 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 SOUTHWEST CORNER OF SAID PARCEL 21-96;
THENCE NORTH 83056'10" EAST ALONG THE SOUTHERLY LINE OF SAID
PARCEL 21-96, A DISTANCE OF 293.90 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 00027'16" EAST, 425.44 FEET; THENCE SOUTH 89°32'44" EAST,
298.00 FEET; THENCE NORTH 00027'16" EAST, 540.00 FEET; THENCE SOUTH
89032'44" EAST, 445.00 FEET, THENCE SOUTH 00°27'16" WEST, 77.67 FEET;
THENCE SOUTH 89032'44" EAST, 305.00 FEET; THENCE SOUTH 00°27'16" WEST,
767.00 FEET TO SAID SOUTHERLY LINE; THENCE SOUTH 83°26'55" WEST
ALONG SAID SOUTHERLY LINE, 119.89 FEET; THENCE SOUTH 83056'10" WEST
CONTINUING ALONG SAID SOUTHERLY LINE, 935.05 FEET TO THE POINT OF
BEGINNING AND CONTAINING 17.55 ACRES (764,364 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 following real estate (Property) from C-4 (Office Park Commercial
District), R-4 (Row Dwelling & Townhome District), A-1 (Agricultural District) to K-
MF-Stacked Med (Kettlestone Multi -Family Stacked Medium District) property legally
described as follows:
A PART OF PARCEL 21-96 AS SHOWN ON THE PLAT OF SURVEY RECORDED
IN BOOK 2021, PAGE 31554 BEING A PART OF GOVERNMENT LOT 12 IN
SECTION 3 AND A PART OF GOVERNMENT LOT 16 IN SECTION 4 AND A
PART OF PARCEL'A' AS SHOWN ON THE PLAT OF SURVEY RECORDED IN
BOOK 2009, PAGE 18393 BEING A PART OF THE NORTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SAID SECTION 3, ALL BEING IN TOWNSHIP
78 NORTH, RANGE, 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN THE
CITY OF WAUKE,E, DALLAS COUNTY, IOWA AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL'A'; THENCE
SOUTH 0002716" WEST ALONG THE EASTERLY LINE OF SAID PARCEL'A', A
DISTANCE OF 505.01 FEET TO THE, SOUTHEAST CORNER OF SAID PARCEL
'A'; THENCE SOUTH 83°26'38" WEST ALONG THE SOUTHERLY LINE OF SAID
PARCEL'A', A DISTANCE OF 947.41 FEET TO THE SOUTHEAST CORNER OF
PARCEL 19-12 AS SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK
2019, PAGE 2401 BEING A PART OF SAID PARCEL'A'; THENCE NORTH
16038'26" WEST ALONG THE EASTERLY LINE OF SAID PARCEL 19-12, A
DISTANCE OF 509.18 FEET TO THE NORTHEAST CORNER OF SAID PARCEL
19-12, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF SAID PARCEL
21-96; THENCE SOUTH 83°26'55" WEST ALONG SAID SOUTHERLY LINE, 93.11
FEET; THENCE NORTH 00'27'16" EAST, 767.00 FEET; THENCE NORTH 52'28'14"
EAST, 171.18 FEET TO THE NORTHERLY LINE OF SAID PARCEL 21-96;
THENCE SOUTH 37031'46" EAST ALONG SAID NORTHERLY LINE, 554.84 FEET;
THENCE SOUTHEASTERLY CONTINUING ALONG SAID NORTHERLY LINE
AND A CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS IS 770.00 FEET,
WHOSE ARC LENGTH IS 793.20 FEET AND WHOSE CHORD BEARS SOUTH
67002'26" EAST, 758.59 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL
21-96, SAID POINT ALSO BEING ON THE NORTHERLY LINE OF SAID PARCEL
'A'; THENCE NORTH 83°26'55" EAST ALONG SAID NORTHERLY LINE, 5.24
FEET TO THE POINT OF BEGINNING AND CONTAINING 20.97 ACRES (913,276
SQUARE FEET).
PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.
Section 4. Repealer. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 5. 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 6. Effective Date. This ordinance shall be in effect upon its final
passage, approval and publication as provided by law.
Passed by the Council the 17t' day of October, 2022, and approved this 17`h day of October,
2022.
( 1 ows - — —
Courtney Clarke, Mayor
Attest: 'n
lY
Rebecca D. Schuett, City Clerk