HomeMy WebLinkAbout2022-12-05 Ordinance 3060_Rezoning, Waukee Towne Center, Book 2022 Page 2535511111111111111 I I 11111111111111111111111111111111111111111111111111111111 IN IN
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Dallas County Iowa
Chad C. Airhart RECORDER
File#
BK2022 PG25355
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. 3060
AN ORDINANCE TO AMEND CHAPTER 169, ZONING ORDINANCE, CITY
OF WAUKEE, IOWA BY AMENDING THE ZONING FROM R-2 (ONE & TWO
FAMILY RESIDENTIAL DISTRICT) TO C-1 (COMMUNITY & HIGHWAY
SERVICE COMMERCIAL DISTRICT) / PD-1 (PLANNED DEVELOPMENT
OVERLAY) AND AMENDING THE EXISTING PDA (PLANNED
DEVLLOPMENT OVERLAY DISTRICT) ]WAUKEE TOWNE CENTER]
BE ITORDAINED 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 R-2 (One & Two Family Residential
District) to C-I (Community & Highway Service Commercial District) / PD-I (Planned
Development Overlay) for property legally described as [ollows:
PARCEL 22-124 OF LOT 5, WESTGATE PLAT 2, CITY OF WAUKF,E, DALLAS COUNTY,
IOWA.
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 PD-1 I Planned Development Overlay District] on property legally
described as follows:
PARCEL BB' OF TI I1; 11'1/2 NF,I/4 OF SECTION 34, "TOWNSHIP 79 NORTH, RANGE 26
WEST OF THE 5TH P.M., AN OFFICIAL PARCEL RECORDED IN 1300K 2012, PAGE
22929 AT TI IF DALLAS COUNTY RECORDER'S OFFICE, CITY OF WAUKF,E, DALLAS
COUNTY, IOWA EXCEPT WAUKEE TOWNE CENTER PLATI, AN OFFICIAL PLAT
RECORDED IN BOOK 2020, PAGE: 27825 AT THE DALLAS COUNTY RECORDER'S
OFFICE AND FURTHER EXCEPTING TI It," WARRANTY DEED AND ACQUISITION
PLAT RECORDED IN BOOK 2017, PAGE, 23499 AT THE DALLAS COUNTY
RECORDER'S OFFICF,. THATIS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT TI IE 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,
TOTHE' IE NE CORNER OF LOT 12 OF SAID WESTGATE PLAN 2, SAID NE CORNER ALSO
BEING ON TI IE SOUTH LINE OF LOT'A' OF SAID WAUKEE TOWNS CENTER PLAT 1
AND "THE SOUTH RIGHT-OF-WAY LINE OF SF, LAUREL STREET AS IT IS PRESENTLY
ESTABLISHED; THENCE SOUTHIASTERLY ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 25.00 FEFT AND A CHORD BEARING S61010'57"E, AN ARC
LENGTH OF 27.49 FEF,T ALONG SAID SOUTH LINE AND SAID SOUTH RIGHT-OF-
WAY LINE, TO A POINT OF REVERSE CURVATURE; T1IENCF, EASTERLY ALONG A
CURVE TO TI IF LEFT HAVING A RADIUS 0173631.00 FEET AND A CHORD BEARING
S59059'20"E, AN ARC LENGTH OF 384.99 FEET ALONG SAID SOUTI I LINE AND SAID
SOUTH RIGHT-OF-WAY LINE TO A POINT OF 'TANGENCY; THENCE N89°37'39"E,
206.67 FEET ALONG SAID SOUTI I LINE AND SAID SOUTH RIGHT-OF-WAY LING TO A
POINT OF CURVATURE; TI IENCF` SOUTHEASTERLY ALONG A CURVE TO THE
RIGHT I IAVING A RADIUS OF 303.00 FEET AND CHORD BEARING S45013'32"E, AN
ARC LI?NGTH OF 477.50 FEET ALONG SAID SOUTH LINE AND SAID SOUTH RIGHT-
OF-WAY LINT TO A POINT OF TANGENCY; T1IF,NCE S00°04'43"E, 393.79 FEET ALONG
SAID SOUTII LINE, AND SAID SOUTH RIGHT-OF-WAY LING TO A POINT; THENCE
S89044'09"E., 341.67 FEET ALONG SAID SOUTI I RIGI TT -OF -WAY LINE TO TI IF NE
CORNER OF OUTLOT'X' OF SAID WAUKF,E TOWNE CENTER PLATI; THENCE
S44054'27"E, 49.65 FEF,T 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 13EING ON "TI IG 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 WESTRIGHT-OF-WAY LINT: TO A POINT OF
CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT HAVING A
RADIUS OF 1001.00 FEET AND A CHORD BEARING S01 "54'08"E, AN ARC LENGTH OF
63.71 FEET ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT OF TANGENCY;
"THENCE S03"43'321E, 62.00 FEETALONG 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 EI/2 NE1/4 OF SECTION 34; THENCE S89056'09"W, 1237.39
FEET ALONG SAID SOUTH LINE -1-0 THE POIN"II OF BEGINNING AND CONTAINING
48.03 ACRES MORE OR LESS.
Section 3. Planned Development Agreement. Attached hereto as Exhibit A is
the Planned Development Agreement which shall define the minimum standards and
requirements ol'the PD-I I Planned Development Overlay District] pertaining to the above
legally described property.
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 this 5`h day of December, 2022, and approved this 50' day of
December, 2022.
Attest:6�j
I
(.V
Rebecca D. Schuett, City Clerk
Oaw�--
Courtney Clarke, Mayor
Exhibit A
WAUKEE TOWNE CENTER
PLANNED DEVELOPMENT
CITY OF WAUKEE
APPROVED BY WAUKEE CITY COUNCIL ON SEPTEMBER 6, 2022
AMENDED BY WAUKEE CITY COUNCIL ON DECEMBER 5, 2022
TABLE OF CONTENTS
WAUKEE TOWNE CENTER DEVELOPMENT
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
— Parcel 22-124 Plat of Survey
• Exhibit I —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 Hickman
Road
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
Exhibit H — Parcel 22-124 Plat of Survey
B. The proposed development is comprised of approximately 48-acres
generally located at the southwest corner of the intersection of SE Alice's Road
and Hickman Road. 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
Exhibit I —Sign Exhibit
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.
C. Exhibit I represents monument sign locations for the overall Waukee Towne
Center development and for tenants of the development to have signage within
the sign. Monument signs shown within the Sign Exhibit shall be limited to the
regulations set forth in Item 10 below.
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.
Restrictions: No principal or accessory commercial use shall be
permitted on Parcel 22-124 as identified in Exhibit H. Use of Parcel
22-124 shall be limited to a monument sign consistent with the
provisions included within Item 10 of this document.
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 I, 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
Hickman Road. Exhibit I 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 front 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 of the property and/or the
owners association for the Wakee Towne Center
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, but shall not be included
in the overall height 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 of the property and/or the
owners association for the Wakee Towne Center
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,_but shall not be included
within the overall height 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.
C. Sign D:
1. Maximum Height: 15 feet
2. Maximum Width: 12 feet
3. Maximum Sign Area: 100 square feet
4. Minimum sign setback from front property line: 15
feet
5. Sign D shall incorporate brick or stone into the base of
the sign.
6. Businesses that have street frontage along Hickman
Road or SE Alice's Road shall not be allowed to
advertise within Sign D.
7. Sign D shall be placed within a lot or outlot separate
from the adjoining lots and shall be owned and
maintained by the owner of the property and/or the
owners association for the Wakee Towne Center
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, but shall not be
considered in the overall height 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 D.
2. Sign C shown on Exhibit I 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
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.
f. Minimum sign setback from the front property line shall
be equal to height of the sign.
END OF DOCUMENT
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Exhibit D — Property Legal Description
PARCEL'BB' OF THE E1/2 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 "TOWNS CENTF,R PLAT I, AN OFFICIAL PLAT
RECORDED IN BOOK 2020, PAGE 27825 AT TI IFDALLAS 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 FELT ALONGTHE 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 TI IF DALLAS COUNTY RECORDER'S OFFICE,
TO THE NF CORNER OF LOT 12 OF SAID WESTGATE PEAT 2, SAID NE CORNER ALSO
BEING ON THE SOUTH LINE OF LOT'A' OF SAID WAUKF,E "TOWNF CENTER PLAT 1
AND THE SOUTH RIGHT-OF-WAY LINE OF SE LAUREL STREF,T AS IT IS PRESENTLY
ESTABLISHED; THFNCF, SOUTHEASTERLY ALONG A CURVE TO "THE RIGHT
RAVING A RADIUS OF 25.00 FEET AND A CHORD BEARING S61010'571", AN ARC
LENGTH OF 27.49 FFFT ALONG SAID SOUTH LINE AND SAID SOUTH RIGHT-OF-
WAY LINE, TO A POINT OF RF,VERSE CURVATURE; THENCE EASTERLY ALONG A
CURVE TO THE LEFT HAVING A RADIUS OF 363.00 FEET AND A CHORD BEARING
S59°59'20"F„ 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 FEETALONG SAID SOUTH LINE AND SAID SOUTH RIGHT-OF-WAY LINF,'TO A
POINT OF CURVATURE; 'THENCE SOUTHEASTERLY ALONG A CURVE TO THE
RIGHTHAVING A RADIUS OF 303.00 FEET AND CHORD BEARING S45013'3211E, AN
ARC LENGTH OF 477.50 FEET ALONG SAID SOUTH LINF AND SAID SOUTH RIGHT-
OF-WAY LINE TO A POINT OF TANGENCY; TI IENCE S00°04'43"E, 393.79 FEET ALONG
SAID SOUTH LINE AND SAID SOUTH RIGHT-OF-WAY LINE TO A POINT; TIIENCE
S89044'09"E, 341.67 FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THF: NE
CORNER OF OUTLOT'X' OF SAID WAUKEE TOWNF, CENTER PLAT l; THENCE
S44054'27"F, 49.65 FEET TIIE FAST 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 THF WEST RIGHT-OF-WAY LINE OF SF ALICES ROAD AS
ESTABLISHED IN SAID WARRANTY DEED AND ACQUISITION PLAT RECORDED IN
BOOK 2017, PAGE 23499 AT THE DALLAS COUNTY RECORDFR'S OFFICE; THENCE
S0000443"F„ 1054.37 FEET ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT OF
CURVATURE; "TI IENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT HAVING A
RADIUS OF 1001.00 FEET AND A CHORD BEARING SO1054'08"F. 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 NF.I/4 OF SECTION 34; TIIENCE S89°56'09"W, 1237.39
FEET ALONG SAID SOUTI I LINE TO THE POINT OF BEGINNING AND CONTAINING
48.03 ACRES MORI: OR LESS.
AND
PARCEL 22-124 OF LOT 5, WESTGATE PLAT 2, CITY OF WAUKEE, DALLAS COUNTY, IOWA.
Exhibit E — Rezoning Map
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EXHIBIT H - PARCEL 22-124 PLAT OF SURVEY
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Exhibit I — Sign Exhibit