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Home My WebLink About2013-04-15-Ordinance 2727_Rezoning, Westown Meadows Plat 2ORDINANCE NO.2727 AN ORDINANCE TO AMEND CHAPTER 300,ZONING ORDINANCE,CITY OF WAUKEE, IOWA,BY REZONING AND CHANGING CERTAIN PROPERTY THEREIN FROM A-I [AGRICULTURAL DISTRICT]TO R-2 [ONE AND TWO FAMILY RESIDENTIAL DISTRICT];AND REZONING AND CHANGING CERTAIN PROPERTY THEREIN FROM A-I [AGRICULTURAL DISTRICT]TO R-3 [RENTAL MULTI-FAMILY RESIDENTIAL DISTRICT];AND AMEND THE OFFICIAL ZONING MAP TO SHOW REZONING (WESTOWN MEADOWS PLAT 2) BE IT ORDAlNED by the Council of the City of Waukee: Section 1.Section 301.4 of Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City,adopting the Official Zoning Map,is hereby amended by changing the following real estate from A-I (Agricultural District)to R-2 (One and Two Family Residential District),legally described as follows: APART OF GOVERNMENT LOT 13 AND GOVERNMENT LOT 14 OF THE OFFICIAL PLAT OF SECTION 4,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE 5TH P.M.,WAUKEE, DALLAS COUNTY,IOWA WHICH IS MORE PARTICULARL Y DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 13,SAID POINT ALSO BEING THE NOTHWEST CORNER OF GOVERNMENT LOT 14 OF THE OFFICIAL PLAT OF SECTION 4,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE 5TH P .M.,WAUKEE,DALLAS COUNTY,row A;THENCE N83°33 '26"E,332.14 FEET ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 14;THENCE SOooI9'37"W,1317.37 FEET TO THE SOUTH LINE OF SAID GOVERNMENT LOT 14;THENCE S83°44'27"W,649.28 FEET ALONG THE SOUTH LINE OF SAID GOVERNMENT LOTS 14 AND 14 TO THE SOUTHEAST CORNER OF WESTOWN MEADOWS PLAT I,AN OFFICIAL PLAT,WAUKEE,DALLAS COUNTY,IOWA;THENCE NOoo09'37"E,1315.25 FEET ALONG THE EAST LINE OF SAID WESTOWNMEADOWS PLAT I,TO THE NORTH LINE OF SAID GOVERNMENT LOT 13;THENCE N83°33'04"E,317.39 FEET TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 13 AND TO THE POINT OF BEGINNING. SAID TRACT OF LAND BEING SUBJECT TO ALL EASEMENTS OF RECORD. SAID TRACT OF LAND CONTAINS 19.491 ACRES MORE OR LESS. Section 2.Section 301.4 of Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City,Adopting the Official Zoning Map,is hereby amended by changing the following real estate from A-I (Agricultural District)to R-3 (Rental Multi-Family Residential District),legally described as follows: A PART OF GOVERNMENT LOT 14 OF THE OFFICIAL PLAT OF SECTION 4,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE 5TH P .M.,WAUKEE,DALLAS COUNTY,IOWA WHICH IS MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 14 OF THE OFFICIAL PLAT OF SECTION 4,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE 5TH P.M., WAUKEE,DALLAS COUNTY,IOWA;THENCE S83°33'26"W,193.36 FEET ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 14,TO THE POINT OF BEGINNING;THENCE SOooI9'37"W,705.79 FEET TO A POINT OF CURVATURE OF A 1000.00 FEET RADIUS CURVE CONCAVE TO THE NORTHEAST;THENCE SOUTHEASTERLY 517.97 FEET ALONG SAID CURVE,SAID CURVE HAS A CHORD BEARING OF SI4°30'43"E AND A CHORD LENGTH OF 512.20 FEET;THENCE S29°21 '03"E,110.85 FEET,TO THE SOUTH LINE OF SAID GOVERNMENT LOT 14;THENCE S83°40'09"W,977.89 FEET ALONG SAID SOUTH LINE; THENCE NOooI9'37"E,1317.37 FEET,TO THE NORTH LINE OF SAID GOVERNMENT LOT 14;THENCE N83°33'26"E,790.75 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING. SAID TRACT OF LAND BEING SUBJECT TO ALL EASEMENTS OF RECORD. SAID TRACT OF LAND CONTAINS 24.637 ACRES MORE OR LESS. Said parcels to be referred to as WESTOWN MEADOWS PLAT 2. Section 3.Zoning Change Agreement.Attached hereto as Exhibit A is the Zoning Change Agreement which shall define additional restrictions being placed on the property which the applicant has agreed to. 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 ofthe ordinance as a whole or mIY section,provision,or part thereof not adjudged invalid or unconstitutional. Section 6.Effective Date.TIllS ordinance shall be in effect upon its final passage,approval and publication as provided by law. Passed by the City Council of the City of Waukee,Iowa,this 15th day of April,2013,and approved this 15th day of April,2013. Attest: Tim Moerman,City Administrator/Clerk EXHIBIT A 1I1lIIllnlllllllllill m~11111mil 1II11~II 111111111111II1 II1I1 111m 11111~IIIIII\IIIII 1111 Book 2013 Page 7600 Oocument 1aea Type AGMNT Pagea 7Dale4/2B/~013 Time g:51 PM R;:o Ami:!1137.00.\;l WHEN RECORDED RETURN TO: ~ l\'"Rebecca Schuett IJ Deputy City Clerko230WHickmanRoad Waukee,Iowa 50263 Chad AirhBrt.Re~o~derO.llaa county IOWA MTG - peRF'" Bl(RF'" ODD ...ole. I 111111111m Illl~1111111111111111 Preparer Information:Brad Deets,City of Waukee,230 WHickman Road,Waukee,Iowa 50263 Phone (515)987-4522 ADDITIONAL CONDITIONS/ZONING CHANGE AGREEMENT This Additi'?Bfll Com]j;\ions/Zoning Change Agreement ("Agreement")is made and entered into this/.2 'Jay of /-fP"I/,2013,by and between the CITY OF WAUKEE, IOWA,a municipal corporati6n("City"),and ARAC,LLC,an Iowa Limited Liability Company ("Property Owner"). WITNESSETH: WHEREAS,Property Owner presently owns certain real property located within the corporate limits of the City which is legally described on Exhibit "A",attached hereto (the "Property");and WHEREAS,Property Owner has submitted a Development Plan attached prepared by Cooper Crawford and Associates,dated February 6,2013,for the development of the Property ("Development Plan");and WHEREAS,the City and Property Owner desire that the Property be rezoned from A-I [Agricultural District]to R-2 [One and Two Family Residential District]and R-3 [Multi-Family Residential District]prior to development in accordance with,and in consideration of,the provisions of this Agreement and Section 4 I 4.5 of the Iowa Code;and WHEREAS,Property Owner and the City wish to set forth their agreements with respect to the conditions and restrictions which will arise with respect to the Property as a result of such rezoning and development. NOW,THEREI'ORE,ill consideration of the above premises,the rezoning of the Property and the promises and agreements set forth herein,it is hereby agreed between Property Owner and the City as follows: 1.Rezoning.The Property shall be rezoned to R-2 [One and Two Family Residential District]and R-3 [}-vfulti-FamilyResidential District]from its present zoning classification of Aw1 [Agricultural District]. Book 2013 Page 7600 1 of 7 2.Development Plan.The Property Owner has submitted the Development Plan in conjunction with the Property Owner's request for rezoning.A copy of the Development Plan is attached hereto as Exhibit "B."The Property Owner agrees that the development of the Property shall be consistent with the Development Plan. 3.Restrictions.Notwithstanding the general zoning classification ofR-2,the uses of the property shall be restricted to Single Family Residential only consistent with the Development Plan. Notwithstanding the general zoning classification ofR-3,the buildings along SE Westown Parkway shall be restricted to no more than two (2)stories in height. 4.Buffers.The term "buffer,"as used herein,shall mean an area of open space, which shall not include any building,structure or parking lot.When a final plat is approved for the Property,Property Owner shall provide a twenty-five (25)foot landscaped buffer easement area along the north boundary of the Property identified as R-2 and along the north,west and east boundaries of the Property identified as R-3,as shown on the Development Plan. All planting materials placed in the landscaped buffer areas shall meet the requirements of the Waukee Zoning Ordinance in regard to minimum size.Property Owner agrees to grant to the City the landscape buffer easements identified above at the time of final platting of any portion of the Property.The landscaped buffer easements shall provide that Property Owner,its successors and assigns perpetually maintain such plantings in accordance with the Waukee Zoning Ordinance. 5.Binding.The terms and conditions of this Agreement shall be binding upon and shall inure to the benefit of the heirs,successors and assigns of the respective parties hereto,and all of the terms and conditions of this Agreement shall constitute conditions,covenants and restrictions running with the land in perpetuity for the Property. 6.Severability.If any provision hereof is for any reason unenforceable or inapplicable,the other provisions hereof will remain in full force and effect in the same manner as if such unenforceable or inapplicable provisions had never been contained herein. 7.Governing Law.This Agreement shall he governed by and construed In accordance with the laws of the State of Iowa. 9.Effective.This Agreement is subject to and contingent upon approval by the Waukee City Council of the rezoning of the Property in accordance with paragraph I.In the event the Waukee City Council does not approve said zoning change,this Agreement shall be null and void. 10.Recording,Th is Agreement shall be recorded with the Dallas County,Iowa, Recorder,as an exhibit to the ordinance rezoning the Property,and shall constitute a valid and effective agreement pursuant to the terms and conditions of Section 414.5 of the Iowa Code. 2 Book 2013 Page 7600 2 of 7 [REMAINDER OF TIllS PAGE INTENTIONALLY LEFT BLANK;SIGNATURE PAGE FOLLOWS.] 3 Book 2013 Page 7600 3 of 7 IN WI1NESS WHEREOF,the patties have executed this Agreement effective as of the date first above written. CITY OF WAUKEE Ry~~~WiliiamF:em~ Attest: ~h?h Z4r¥'e1n= Tim Moerman,City Administrator STATEOFIOWA ) )SS. COUNTY OF DALLAS ) On this BDi day of ~~\,2013,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared William F.Peard and Tim Moerman,to me personally known,and who,being by me duly sworn,did say that they are the Mayor and City Administrator,respectively,of the City of Waukee,Iowa;that the seal affixed to the foregoing instrument is the corporate seal of the corporation,and that the Instrument was signed aa&sewed on behalf of the corporation,by authority of its City Council,as contained in the R-@sgf,,:\;lg~"No.nJ.-7 adopted by the City Council on the ~day of ~n \,2013,and that William F.Peard and Tim Moerman acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation,by it voluntarily executed. ''''i'''REBECCA D.SCHUETT~~Commission Number 716496 '...My Commlaslon Expires OW"'-May 13,2014 ~f.i6auuAd Notary Public in and for the State ofIowa My Commission expires O'>I/?JJ11 Y j I 4 Book 2013 Page 76004of7 PROPERTY OWNER: ARAC,LLC STA1E OF IOWA ) )SS COUNTY OF DALLAS) On this /;-if.day of J1j1r;/,20 __,before me,the undersigned,a Notary Pub~c in and for said County and the State of Iowa,personally appearedfCUrte.t5rawer ,to me personally known,who being by me duly swam,did say that that person is I'1?tll11faj"'C of the corporation executing the foregoing instrument;that (the seal affixed to .aid instrument IS the seal of the corporation 01'no seal has been procured by the corporation)and that the instrument was signed (and sealed)on behalf of the corporation by authority of its Board of Directors;that tit";--;'!'!:rtz(tler acknowledged the execution of the instrument to be the voluntary act and deed of the corporation,by it and by him voluntarily executed.~ By:._~~Printedffi1l(;:~t-/,~t- Notary Public in and for the State of Iowa 5 Book 2013 Page 76005of7 Exhibit A Legal Description of the Property A PART OF GOVERNMENT LOT 13 AND GOVERNMENT LOT 14 OF THE OFFICIAL PLAT OF SECTiON 4,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE 5TH P.M.,WAUKEE,DALLAS COUNTY,IOWA WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 13,SAID POINT ALSO BEING THE NOTHWEST CORNER OF GOVERNMENT LOT 14 OF THE OFFICIAL PLAT OF SECTION 4, TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE 5TH P.M.,WAUKEE,DALLAS COUNTY,IOWA; THENCE N83c33'26"E,332.14 FEET ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 14;THENCE SOO°19'37"W,1317.37 FEETTO THE SOUTH LINE OF SAID GOVERNMENT LOT 14;THENCE S83°44'27"W,649.28 FEET ALONG THE SOUTH LINE OF SAID GOVERNMENT LOTS 14 AND 14 TO THE SOUTHEAST CORNER OF WESTOWN MEADOWS PLAT 1,AN OFFICIAL PLAT,WAUKEE,DALLAS COUNTY,IOWA;THENCE NOO'09'37"E,1315.25 FEET ALONG THE EAST LINE OF SAID WESTOWN MEADOWS PLAT 1,TO THE NORTH LINE OF SAID GOVERNMENTlOT 13;THENCE N83 0 33'04"E,317.39 FEET TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 13 AND TO THE POINT OF BEGINNING. SAID TRACT OF LAND BEING SUBJECT TO ALL EASEMENTS OF RECORD. SAID TRACT OF LAND CONTAINS 19.491 ACRES MORE OR LESS;AND A PART OF GOVERNMENT LOT 14 OF THE OFFICIAL PLAT OF SECTION 4,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE 5TH P.M.,WAUKEE,DALLAS COUNTY,IOWA WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 14 OF THE OFFICIAL PLAT OF SECTiON 4,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE 5TH P.M.,WAUKEE,DALLAS COUNTY,IOWA;THENCE S83 °33'26"W,193.36 FEET ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 14,TO THE POINT OF BEGINNING;THENCE SOO 0 19'37"W,705.79 FEET TO A POINT OF CURVATURE OF A 1000.00 FEET RADIUS CURVE CONCAVE TO THE NORTHEAST;THENCE SOUTHEASTERLY 517.97 FEET ALONG SAID CURVE,SAID CURVE HAS A CHORD BEARING OF S14 '30'43"EAND A CHORD LENGTH OF 512.20 FEET;THENCE S29c21'03"E,110.85 FEET,TO THE SOUTH LINE OF SAID GOVERNMENT LOT 14;THENCE S83°40'09"W,977.89 FEET ALONG SAID SOUTH LINE;THENCE NOO°19'37"E,1317.37 FEET,TO THE NORTH LINE OF SAID GOVERNMENT LOT 14;THENCE N83 '33'26"E,790.75 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING. SAID TRACT OF LAND BEING SUBJECT TO ALL EASEMENTS OF RECORD. SAID TRACT OF LAND CONTAINS 24.637 ACRES MORE OR LESS. 6 Book 2013 Page 7600 6 of 7 ExhibitB Development Plan :"r-----'--.J.1 'i..T I SUfi'll lITrn~. coxcner PLAN"WESTOWN MEADOWS PLAT 2 Waukee,Iewe ~IDJiVElO?EJ.~a~~"-"=J;~~'ozrg...-..... s:'_-:fE ..". o J:ritF·:r=<TTE"'--: b.~u.>.._"'.-·..~..·m.'..,......~-~._--.~..:::=~".,""'- 7 Book 2013 Page 7600 7 of 7